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    How much trouble is Rudy Giuliani in? Politics Weekly Extra

    As an investigation and lawsuit hang over the former New York mayor and lawyer to Donald Trump, Jonathan Freedland finds out about the man from biographer Andrew Kirtzman

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    In April, the apartment of Donald Trump’s lawyer Rudy Giuliani was searched as part of an investigation into his dealings with Ukraine. He’s also facing a lawsuit over claims of pushing baseless conspiracy theories about the 2020 election, but denies any wrongdoing in either case.The Giuliani name is rarely out of the spotlight. Now his son Andrew has announced he will run for governor of New York, the state where his father was once hailed as ‘America’s mayor’ in New York City after handling the tragedy of 9/11.Jonathan Freedland speaks to biographer Andrew Kirtzman, who is currently writing his second book on Giuliani, about his eventful career and life to find out where he goes from here. Send us your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More

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    ProPublica Reveals the US Is a Tax Haven

    This week, ProPublica published a long, detailed article that blew the roof off two burning and intimately related questions currently in the news: wealth inequality and taxation. In the wake of the 2008 financial crisis, Thomas Piketty, Branko Milanovic and numerous pundits in the media have written reams on the topic. Politicians like Bernie Sanders and Elizabeth Warren have highlighted the issue and made proposals to address the problem. When Sanders suggested during the Democratic presidential primary that “billionaires shouldn’t exist,” the Democratic Party turned to one of the richest billionaires, Michael Bloomberg, counting on his financial clout to prevent the Vermont senator from winning the party’s nomination.

    In the US, people are more easily impressed by wealth itself than by the serious problem that wealth inequality has created. ProPublica’s article may help to change the public’s focus.

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    ProPublica exposes the brutal fact that, contrary to the tenets of conservative Republican orthodoxy, the wealthy are the “takers” and people who work for a living, the “makers.” Worse, the taking they do no longer requires much effort. The tax system delivers everything they take away from others directly to their doorstep. Between 2014 and 2018, the 25 richest Americans “paid a total of $13.6 billion in federal income taxes.” The article calls it “a staggering sum, but it amounts to a true tax rate of only 3.4%.”

    Among the many details, ProPublica highlights the case of Warren Buffett, signaling “his public stance as an advocate of higher taxes for the rich.” Between 2014 and 2018, “Buffett reported paying $23.7 million in taxes.” But given the increase in his wealth over that period, that impressive sum “works out to a true tax rate of 0.1%, or less than 10 cents for every $100 he added to his wealth.” Who wouldn’t be happy paying taxes at that rate? And for Buffett, it isn’t even on earnings, which for most people permit survival, but on the absolute growth of his net worth.

    The article also cites the case of George Soros, the man who single-handedly broke the Bank of England. “Between 2016 and 2018,” according to a spokesman for the billionaire, “George Soros lost money on his investments, therefore he did not owe federal income taxes in those years.” The same spokesman, ProPublica reports, is quoted as affirming that “Mr. Soros has long supported higher taxes for wealthy Americans.”

    Today’s Daily Devil’s Dictionary definition:

    Support:

    To sit on the sidelines and verbally encourage other people to do things one is disinclined to do or incapable of doing on one’s own

    Contextual Note

    ProPublica has provided the world with a truly enlightening trove of information that sends a clear message. And this is only the beginning. The publication promises in the coming months to “explore how the nation’s wealthiest people — roughly the .001% — exploit the structure of our tax code to avoid the tax burdens borne by ordinary citizens.” Its reporting will certainly serve to clarify a debate that, for many, may have seemed too abstract and too polemical to try to take on board.

    Embed from Getty Images

    The numbers demonstrate the extreme, hyperreal nature of wealth distribution today. When the public learns that, in 2011, Jeff Bezos — who is, on and off, the richest man in the world — “claimed and received a $4,000 tax credit for his children” and that his true tax rate over time is less than 1%, they may begin to take the measure of how the tax system works and to whose benefit.

    The figures, nevertheless, show that between 2006 and 2018, Bezos paid out $1.4 billion, a staggering amount for any ordinary wage-earner to even try to comprehend. But his personal fortune over that time ballooned to reach close to $200 billion today. Has he earned it through his hard work? No, it earns itself. That’s what money does. And thanks to his ability to hire tax advisers and clever accountants, all but crumbs of his wealth stay in his hands, never to pollute (or contribute to improving) the public sphere.

    Historical Note

    ProPublica went to great lengths to gather, verify and publish these carefully guarded tax secrets. Its editors were not surprised when, as Forbes reports, IRS Commissioner Charles Rettig “told lawmakers that internal and external investigators are working to determine whether the data ProPublica used was illegally obtained.” In the land that enshrined free speech as a right (First Amendment) apparently even more fundamental than the right to own an AR-15 (Second Amendment), all speech is legitimate except when it is blown through a whistle.

    This simply means that the act of reporting certain types of scandalous abuse in the public interest is now deemed to violate the republic’s interest. We can expect the US government to spare no expense in its pursuit of the anonymous whistleblower who provided ProPublica with the tax returns it has put on display, whose secrecy is protected by the law.

    This is not a great time for whistleblowers. The cases of Edward Snowden, Julian Assange and Chelsea Manning have made headlines over the past decade. They all did something that could be interpreted as technically illegal, especially when laws such as the Espionage Act happen to be on the books. But they clearly exposed essential information about how a democracy functions that purports to be “of the people, by the people and for the people.” Thomas Drake, John Kiriakou and Jeffrey Sterling and Reality Winner are among others who were prosecuted by the Obama and Trump administrations for making significant contributions to our understanding of how government manages and sometimes mismanages people’s lives, fortunes and deaths.

    Last week, Natalie Mayflower Sours Edwards, who worked as a senior adviser at the US Treasury Department’s Financial Crimes Enforcement Network, was sentenced to six months in prison for revealing to BuzzFeed News what the International Consortium of Investigative Journalists qualifies as “financial corruption on a global scale.” She was arrested in 2018. Her crime consisted of sharing confidential bank documents with a journalist, an act that sparked “a global investigation into illicit money flows,” which, had she not acted, the public would never have known about.

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    BuzzFeed’s spokesman, Matt Mittenthal, helpfully explained that the resulting “investigation has helped to inspire major reform and legal action in the United States, the E.U., and countries around the world.” In other words, sometimes it is necessary to break the law to make it stronger and more equitable.

    Ben Smith, a New York Times columnist, summed up Edwards’ plight in a tweet: “This woman is going to prison for six months for her role in revealing systemic global financial corruption, and inspiring legal changes all over the world.” The law did not go after BuzzFeed in this case. Nor did it end up going after ProPublica in a 2012 case concerning tax filings for Karl Rove’s nonprofit, Crossroads GPS, in which the IRS initially told BuzzFeed “that it would consider [the] publication of them to be criminal.”

    In the eyes of the IRS, ProPublica has once again committed the crime of letting the truth out of the bag. It may well escape any punishment. The pattern is always to prosecute the whistleblower, but that requires identifying that person. If, as in the case of Edwards, the government does succeed in prosecuting and sentencing the whistleblower, that will not serve to put the truth back in the bag. That is why the government will be relentless in seeking the whistleblower and why the public should be grateful both to that person and to ProPublica.

    The government’s aim is not to repair the damage already done, but to instill fear in any other courageous individual in the position to reveal the inner workings of a system designed for the financial elite and managed by the political elite. In Edwards’ case, US District Judge Gregory H. Woods made this point clear when he “said that it was necessary to impose a ’substantial meaningful sentence’ in order to discourage others from committing similar crimes.”

    Publishing substantial meaningful truth will always provoke the call for a substantial meaningful sentence.

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

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

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    How the Radical Right Bullied Professors in 1920s Austria

    As universities across the United Kingdom scramble to use the COVID-19 pandemic as an excuse to sack unwanted lecturers and professors, it becomes increasingly urgent to remember the history of labor organizing in higher education. What has and hasn’t worked in the past?

    The University and College Union is currently fighting job cuts and the closure of courses, departments and even entire campuses at 16 universities across the country, including the universities of Chester, Leeds, Leicester, Liverpool, Portsmouth and Sheffield. Teaching has finished for the year in most places, so the strikes, boycotts and protests are relying primarily on the assumption that it is possible to shame university managers into upholding long-cherished norms about the intrinsic value of education. In several cases, the cuts are a response to the UK government’s decision to reduce funding to the Performing and Creative Arts, Media Studies and Archaeology by half. The wave of redundancies is seen as evidence that many university leaders value profit and political expediency more than research and education.

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    Whether a strategy of petitions and public shaming will work remains to be seen, but the way that universities responded to political and economic pressure during the crisis of postwar reconstruction does not bode well for the unions. In 1920s Austria, university leaders proved willing to sacrifice academic standards and the jobs and physical safety of their staff in order to placate violent bullies on the radical right.

    Austria in the 1920s

    Austrian universities struggled to stay open during World War I, welcoming women and refugees as students and offering “war degrees” for soldiers who could take crash courses and simplified exams while on leave from the front. Once the war was over, students flooded back to campuses, many of them veterans who had been forced to postpone their studies during the war. Whereas before the war students had come from across the Habsburg Empire, now that the empire had collapsed, university admissions officers privileged students who were citizens of the new Austrian Republic.

    A reforming, left-wing government in Vienna tried to reorganize the education system and bring institutions of higher education under the control of the Ministry of Education. Outside of Vienna, in particular, many university leaders resisted centralizing efforts in the hope that the republic would collapse and be absorbed into a greater German nation-state. As old power structures crumbled and new, ethnically-based democracies were established across the region, right-wing students attempted to take advantage of the upheaval to impose their agendas on universities.

    Antisemitic riots and violence against Jewish students plagued universities in at least 11 European countries during the early 1920s, as students demanded that Jews be banned from attending universities and that Jewish or left-wing professors be expelled. Students targeted individual professors, including celebrated scientists such as Albert Einstein and Julius Tandler, disturbing their lectures and vandalizing laboratories. Despite condemning the violence, in the vast majority of cases, university leaders made concessions to the students by preventing Jews from sitting their exams and, in some cases, even introducing strict quotas on the number of Jews allowed to enroll.

    Alfons Leon

    The case of Professor Alfons Leon at the Technical University in Graz is particularly instructive. An acclaimed researcher in technical mechanics with a host of accolades to his name, Leon was dean of the School of Civil Engineering for three years. His state-of-the-art laboratory was the envy of his colleagues.

    But, in 1922, he insisted that students who were war veterans sit rigorous exams when some of the other professors had been willing to let them pass without having studied the material. Leon was a known socialist and the disgruntled students began sending him threats and complaining about him to the university. The students were members of the same right-wing fraternities that were responsible for the antisemitic riots. That November, they challenged one of Leon’s teaching assistants to a duel. As the duel was clearly directed at Leon himself, he refused to allow his assistant to fight, which the students took as an insult to the honor system that fraternity life was based on.

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    Rather than support their professor, the university leadership launched an inquiry into Leon’s alleged misconduct and forced him to take a leave of absence. The investigation lasted 10 years, with Leon making skillful use of the university’s established rules and procedures to keep his job and insist that he had done nothing wrong.

    In the process, it became apparent that several of his senior colleagues supported the students because they were alumni of the same fraternities that were persecuting Leon. Professor Fritz Postuvanschitz, in particular, led the attack on Leon because he had refused to fabricate evidence that would have helped Postuvanschitz’s son escape being convicted of fraud. Other senior figures in the university sided with the students because they sympathized with their right-wing politics and disliked Leon as a graduate of Viennese universities they saw as their rivals. Eventually, Leon was forced into early retirement, but only after the collapse of democracy in Austria and the rise of an Austrofascist government.

    Lessons for Today

    Leon’s story teaches several lessons that are still relevant today. First, it reminds us that universities are eminently political places, where personal ambitions, petty jealousies and party politics frequently matter more than credentials or upholding academic standards. Second, it reveals how easily university managers are manipulated by student violence, especially when those students are supported by influential voices in the community. Third, it shows that it is indeed possible to resist managerial bullying by appealing to labor laws and following established procedures, even though doing so might be exhausting, detrimental to one’s health and, ultimately, futile. But fourth, and most importantly, it shows that even when one occupies the high moral ground, it is often impossible to shame university administrators when they cherish political power and entrenched interests over what they claim to be the values of their institutions.

    For those lecturers fighting for their jobs today, Leon offers hope that resistance is possible, but also a warning that exposing management’s cupidity and disrespect for academic values might not be enough.

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

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

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    Kamala Harris suffers bumpy baptism over immigration on first foreign trip

    Kamala Harris has returned to the US from her first foreign trip and big test since becoming vice-president – and taking over the hot-potato issue of immigration – battered by criticism over her harsh “Do not come” message to desperate migrants and her testy ambivalence over visiting the US-Mexico border.Harris arrived back on US soil from a three-day trip to Guatemala and Mexico just as Joe Biden flew out to the UK on Wednesday on his first overseas venture since winning the White House.His may be a higher-stakes visit aimed at reassuring European allies and confronting Russia after the divisive era of Donald Trump.But Harris’s more short-haul foray was never going to be plain sailing, either with the aim being to tackle “the root causes” of hundreds of thousands of migrants making the dangerous trek to America’s southern border, seeking entry to the US.Most are attempting unlawful entry or trying to appeal to the border authorities to allow them to apply for asylum through the US courts.With factors such as poverty and government corruption, a legacy of war and dictatorship, and as much foreign hindrance as help in Central American politics over the decades, any trip by a new US president or vice-president is fraught with high risk of failure.On top of that, newer trends such as increased migration forced by the climate crisis guaranteed that Harris was never going to achieve one-trip fixes.But although her hosts declared her visits a success, the “get tough” stance she touted with leaders over corruption was overshadowed by an awkward interview and criticism from US progressive torchbearers such as the New York congresswoman Alexandria Ocasio-Cortez over her stark remarks aimed at migrants.Ocasio-Cortez called out Harris on Twitter, saying her comments were “disappointing to see”.“First, seeking asylum at any US border is a 100% legal method of arrival,” said the congresswoman, adding: “Second, the US spent decades contributing to regime change and destabilization in Latin America. We can’t help set someone’s house on fire and then blame them for fleeing.”Several human rights groups also spoke out to criticize Harris’s remarks.With unlawful crossings to the US over the US-Mexico border accelerating during the first months of the Biden administration, as US border authorities reported they encountered nearly 19,000 unaccompanied children crossing in March, the pressure on Harris has been intense.Biden put her in charge of dealing with the issue of the border in particular, within wider immigration policy, as the early weeks of his presidency featured stark reports and images of children crammed into detention centres on the US side of the border, with legal and social processing systems overwhelmed.Overall, more than 170,000 encounters were reported on the border in April, between migrants, mostly from Central America, and the US authorities, the highest level in more than 20 years.Harris, who has been under pressure at home to visit the US-Mexico border since she was given the role, but has not yet done so, focused her three-day visit on economic development, climate and food insecurity.In Guatemala, the origin of almost half the migrants gathering at the US border in recent months, Harris and the president, Alejandro Giammattei, expressed optimism that they could work together.The Biden administration has earmarked almost $4bn in commitments to help address the “root causes” of migration. Alongside that, Harris was also frank in her message, saying “the goal of our work is to help Guatemalans find hope at home”.But it was when Harris said in an address: “I want to be clear to folks in this region who are thinking about making that dangerous trek to the United States-Mexico border: ‘Do not come, do not come,’” that heads all over the US political and media landscape turned.It is no different a message than people in the Biden administration have delivered publicly before. But the stark statement actually made in a country where people are driven to head to the US by desperation prompted a strong response.Ocasio-Cortez described her comments as “disappointing” and noted that it is legal to seek asylum in the US from persecution in another country.Harris responded only obliquely, saying: “I’m really clear: we have to deal with the root causes and that is my hope. Period.”Harris was also forced to fend off criticism that she had yet to visit the US-Mexico border herself since becoming vice-president. Such visits are a perilous photo op for leaders looking to establish foreign and domestic policy credentials.And she dealt with the topic awkwardly when asked in an early morning TV interview about why she hadn’t visited the border this year, saying she hadn’t been to Europe either.“Well, we are going to the border,” Harris she added to NBC news anchor Lester Holt. “We have to deal with what’s happening at the border, there’s no question about that.”Moving on from a short stay in Guatemala to Mexico City, Harris sought to assure poor and threatened populations of Latin America on Tuesday that the United States has “the capacity to give people a sense of hope” and is focused on “tangible” results “as opposed to grand gestures”.The Mexican president, Andrés Manuel López Obrador, said Mexico was in a completely new phase of relations with the US.Eduardo Gamarra, professor of international relations at Florida International University, told the Guardian it was an important trip. “Harris issued a very significant statement in terms of rebutting the Republicans’ position that Democrats are running an ‘open border’ policy, and she made it quite clear to Giammattei that the US is willing to invest but there have to be significant changes in the way corruption is handled,” he said.[embedded content] More

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    They Are Coming for Us

    Quoting its favorite source for everything we need to know about the world, The New York Times clarifies the burning question of UFOs: “American intelligence officials have found no evidence that aerial phenomena witnessed by Navy pilots in recent years are alien spacecraft.” This is The Times’ way of telling its readers that there ain’t much there.

    The fact that The Times cites “intelligence officials” is unfortunate. Intelligence officials are trained in the dual skills of obscuring the truth and fabricating alternative truth. That is in essence the purpose of intelligence. Its agents are also trained to exploit the media, and The New York Times in particular, to spread their message. The trusting relationship between The Times and the intelligence community is what enables the newspaper to be the first to give credible shape to whatever stories the intelligence community wants the public to believe.

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    The Times journalists, Julian Barnes and Helene Cooper, inform us that “a vast majority of more than 120 incidents over the past two decades did not originate from any American military or other advanced U.S. government technology.” The Times, as expected, takes that statement at face value. “That determination would appear to eliminate the possibility that Navy pilots who reported seeing unexplained aircraft might have encountered programs the government meant to keep secret,” Barnes and Cooper write.

    Today’s Daily Devil’s Dictionary definition:

    Unexplained aircraft:

    The opposite of explained aircraft. Flying objects that for the past 80 years have been seen by Americans and no one else.

    Contextual Note

    CNN gets straight to the point when, quoting “one of its sources,” it explains that “US officials also cannot rule out the possibility that these flying objects were aircraft belonging to American adversaries, namely Russia and China.” The Times less dramatically reports that there is simply “worry among intelligence and military officials that China or Russia could be experimenting with hypersonic technology.” Of course, they “could be” doing lots of other things.

    MSNBC’s Chuck Todd requisitioned Barack Obama’s former CIA director, Leon Panetta, to offer some clarity on the issue. Todd asked him, “Is it your assumption that it is Russia or China testing some crazy technology that we somehow don’t have, or are we sort of over-assuming the abilities of China and Russia and that the only other explanation is that if it is not us ourselves then it is something otherworldly?”

    Embed from Getty Images

    This confused question should surprise no one. A significant part of Todd’s job at MSNBC is to focus the public’s fear on Russia and China. Panetta stepped willingly into his role of respected authority. He quite reasonably suggested that the most likely place to look would be in the direction of drone technology, which has become far more sophisticated than most people imagine. As expected, Panetta cited Russia and China, but few commentators have noticed that he didn’t stop. “I believe a lot of this stuff probably could be countries like Russia, like China, like others, who are you know using now drones, using the kind of sophisticated weaponry that could very well be involved in a lot of these sightings,” he said.

    Who could the “others” be that Panetta mentions after the obligatory Russia and China? This could produce an interesting guessing game. Could it be Cuba, a nation that once threatened the US with Soviet missiles? Or Mexico? But it seems to have its hands full with the war on the drug cartels. India, which has begun to assert itself as an active player in space? What about the Europeans, especially France and the UK? As part of NATO, they wouldn’t dare. The list could go on, but when every other nation besides Russia and China is eliminated, only one remains: the United States.

    On the CIA’s “Innovation and Tech” website, the agency proudly announces its deep engagement in technology. The spy agency’s research is not directly connected to what the Pentagon does and certainly not shared with it at anything but the highest strategic level. The website proudly announces: “At CIA, we’ve pioneered bold and innovative technologies for decades.” It invites the visitor to appreciate its work. “Learn how our cutting edge solutions have helped solve America’s biggest intelligence challenges.”

    What the site describes is impressive. This should lead any discerning visitor to speculate about what it doesn’t describe. A former high-level CIA operative once explained to us in a private conversation that when the CIA technology team briefed insiders, even at his level, about research on drone technology, they were only allowed to show technology from the past, which was already mind-blowing. In other words, it is unlikely that if the unusual behavior of an unidentified aerial phenomenon (UAP) observed by a Navy pilot happened to be a CIA invention, that pilot would have any clue to what it might be. And in no case would they be briefed afterwards on the experience. The CIA is specialized in keeping all kinds of things “unidentified.”

    Does this mean that The New York Times, CNN, MSNBC and the others are unaware of the possibility that it could be “our guys” who are up to these visual tricks? Both The Times and Chuck Todd evoke the possibility, only to dismiss it with no further discussion. That alone should raise questions in the public’s mind. 

    When The Times’ journalists write that “a vast majority of more than 120 incidents over the past two decades did not originate from any American military or other advanced U.S. government technology,” and then state that that “would appear to eliminate the possibility that Navy pilots … might have encountered programs the government meant to keep secret,” they are admitting two things while creating the opposite impression. By evoking a “vast majority,” they admit that a significant minority actually did originate with US technology. The journalists never bother exploring that paradox. And when, in a Times article sourced from the intelligence community, a sentence begins with “would appear to eliminate the possibility,” the discerning reader should see the verb “would appear” as a signal that the possibility in fact exists.

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    Panetta may have inadvertently revealed the truth to Todd, who, as an inquiring journalist, could have asked the former CIA chief which “others” he had in mind. But the media have a mission to reduce the question to exactly two possible explanations of the UAPs: extra-terrestrial invaders, on the one hand, or one of the two officially recognized adversaries of the US, Russia or China (or both), on the other.

    The further implication is that because serious scientists have pretty much dismissed the thesis of intelligent, technologically advanced extra-terrestrial visitors, there is one logical conclusion: The US needs to beef up its military technology in a new arms race justified by what the media have been promoting for at least five years: a new cold war. Donald Trump provided the nation with a new branch of the military, the Space Force. It’s time for President Joe Biden to make it work.

    Historical Note

    With his novel, “War of the Worlds,” the British author H.G. Wells launched a new genre of fiction involving space travel. The serialized novel was later turned into several Hollywood films and a famous radio broadcast by Orson Welles in 1938. Advances in aerial, military and rocket technology that came to prominence during the Second World War turned extra-terrestrial science fiction into a genre that quickly displaced the Western in Hollywood’s culture. Martians vs. earthlings came to replace cowboys vs. Indians.

    Unsurprisingly, Wells set his story in England. Equally unsurprisingly, Hollywood’s extra-terrestrial dramas always take place in the US. Those movies may have tipped off the non-fictional extra-terrestrials about where to guide their crafts, though no one has bothered to explain how they managed to access the films.

    On “60 Minutes,” former US Navy pilot Ryan Graves claimed that pilots training off the Atlantic coast were seeing UAPs regularly: “Every day for at least a couple years.” The fact that the tell-tale sightings all seem to occur in or near the US tells us that either the intergalactic visitors are fascinated by US culture or there is some magnetic force that draws them to North America. Unless, of course, the technology itself, which may be the drones Leon Panetta mentions or nothing more than optical illusions, was made in America.

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

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

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    Growing LGBTI+ Hate Shows the UN’s Need to Adapt

    Since February, security forces have arrested at least 24 people in Cameroon for alleged same-sex conduct or gender nonconformity. In Uzbekistan, videos showing the abuse, humiliation and beatings of gay men have been circulated around social media groups. In Poland, the government’s ongoing campaign against LGBTI+ people continues, with proposed legal changes to prevent same-sex couples from adopting children.

    The continuing persecution of LGBTI+ people is tragically under-acknowledged by the multilateral system. A failure to use the United Nations as a platform to raise these issues is a failure to understand one of its core purposes. There are no rights explicitly related to sexuality or gender identity codified in the Universal Declaration of Human Rights. Article 1 of the declaration accounts for factors such as language, religion and nationality, but relegates sexual and gender identity to “other status.”

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    Those who oppose LGBTI+ rights still have room to use the excuse that such rights are not fundamental, not universal or are beholden to regional and local interpretation.

    Oppressive States

    Free & Equal, the UN’s flagship campaign for promoting LGBTI+ rights, is a welcome step for the cause, using influential artists and activists as champions. Likewise, the 2017 standards of conduct for businesses on tackling discrimination against LGBTI+ people provides more resources for countering discrimination at the organizational level. The appointment of Victor Madrigal-Borloz as the UN’s independent expert on these issues was also a commendable move, in that it made LGBTI+ rights somebody’s job.

    While they do show support, none of these steps do anything to modernize the fundamental architecture of the UN system. Russian President Vladimir Putin recently signed a series of constitutional amendments to introduce a formal ban on same-sex marriage, showing that LGBTI+ hate is entrenched even in permanent member states of the Security Council, the UN’s most powerful branch. Campaigns and guidance may change some behavior, but they do not embed LGBTI+ rights into the UN’s cornerstone principles and agreements, meaning these rights still lack basic parity of esteem with other human rights.

    The United Nations Human Rights Office of the High Commission (OHCHR) argues that a specific set of LGBTI+ rights is unnecessary. Yet their absence leaves space for oppressive states to claim that they are less important or more fundamental than other rights. A campaign to introduce and ratify a set of specific rights safeguarding all aspects of sexual orientation, gender identity and expression, and sexual characteristics should be a priority for all countries. Doing so would send a strong message of solidarity to those LGBTI+ people living in repressive societies.

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    The Yogyakarta Principles offer a ready-made framework for codifying rules protecting sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) into universal rights frameworks. A coalition of states publicly declaring its support for the principles would pile on the pressure at the UN, as would pushing for General Assembly votes for their adoption.

    There are currently 10 UN human rights treaty bodies, overseeing the protection of rights in areas including disability and migrant status. There is no treaty body safeguarding the rights of LGBTI+ people. Calls for the introduction and ratification of a new treaty providing safeguards for sexuality and gender identity would send a powerful message of support throughout the multilateral system.

    National Level

    Alongside multilateral action, countries should be stepping up their game at the national level. Having robust policies on support for LGBTI+ rights would bolster countries’ credibility and authority when pushing for reform at the UN level. For instance, Germany recently announced comprehensive new measures for the promotion of LGBTI+ rights abroad.

    Other states would do well to follow suit, providing comprehensive diplomatic training on LGBTI+ issues so that in-country staff can better understand the challenges and potential remedies around LGBTI+ persecution. Shoring up embassies’ commitment to offer support and protection for those facing persecution will also send a strong message to host governments that LGBTI+ discrimination will not be tolerated anywhere.

    Those countries with strong track records of support for LGBTI+ rights should also be working harder through existing UN mechanisms. More action should be taken through existing UN fora. The UN General Assembly’s Third Committee and Human Rights Council sessions should be regular venues for raising these issues.

    Here, sustained diplomatic and reputational pressure should be applied to countries that continue to persecute people based on their sexuality and/or gender identity at an institutional level. Using these venues to declare the many and varied forms of LGBTI+ persecution as a global crisis would demonstrate solidarity to those facing persecution and send a strong message of resolve to those perpetrating it.

    The resistance of certain states to particular rights is not a reason to believe that some types of discrimination are unavoidable. It is imperative to speak louder. More liberal countries that advocate for these rights should use every avenue to translate their vocal support into action, leading to tangible and long-lasting reforms at the UN and state levels. The current lackluster approach is a shame to all countries that purport to support equality for LGBTI+ people. They must do better.

    *[Fair Observer is a media partner of Young Professionals in Foreign Policy.]

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