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    Jamie Raskin derides 'explosive and deranged' tactics of Trump lawyers

    The architect of Donald Trump’s second impeachment trial has blamed “explosive and deranged” tactics by the former president’s lawyers for obscuring the strength of the case presented by House Democrats.But the lead impeachment manager, Jamie Raskin, said the Democrats’ case appeared nevertheless to convince even Senate Republican leader Mitch McConnell of Trump’s guilt in inciting the Capitol riot.Two days after Trump escaped conviction, and as his supporters reveled in the prospect of his return to frontline politics, Raskin also told the Washington Post it was both “good and terrible to watch” McConnell’s post-verdict speech in which he excoriated Trump – but said he had voted to acquit because the trial was unconstitutional.It was telling, Raskin said, that many of the 43 Republicans who voted to acquit “felt the need to hang their hats” on that argument, which was rejected by constitutional scholars and twice by the Senate itself.Not even Trump’s lawyers attempted to defend what Democrats characterized as Trump’s “big lie”: that he won an election he actually lost by more than 7m popular votes and 74 electoral votes.They couldn’t get a summer internship with My Cousin VinnyNor did Trump’s legal team, led by a personal injury lawyer and a former county prosecutor who declined to pursue charges against Bill Cosby, succeed in freeing Trump from blame for the attack on the Capitol, judging by Republican senators’ speeches.Instead, Trump’s lawyers denied a copious and unambiguous record of what the former president said and did, while drawing false parallels between routine political speech and Trump’s coup attempt.In the final vote of the impeachment trial, seven Republicans voted with Democrats to convict Trump – a 53-vote tally 10 short of the total required.In an indication of how the Republican party has diverged from the popular will, almost six in 10 Americans – 58% – believe Trump should have been convicted, according to a new ABC News-Ipsos poll.Raskin and his fellow House managers were widely praised for their work. Their case featured extensive use of video of events at the Capitol on 6 January, when supporters told by Trump to “fight like hell” to overturn his election defeat broke in, some hunting lawmakers to kidnap or kill. Five people died as a direct result of the riot.Raskin took on the lead role despite his son having killed himself in December. He told the Post he “told managers we were going to make a lawyerly case but would not censor the emotion”.There has been criticism among Democrats, after the managers persuaded the Senate to vote to call witnesses but then agreed to avoid that step, which could have lengthened the trial. On Sunday, Raskin said witnesses would not have changed any minds.“These Republicans voted to acquit in the face of this mountain of un-refuted evidence,” he told NBC. “There’s no reasoning with people who basically are acting like members of a religious cult.”The Virgin Islands delegate Stacey Plaskett, also widely praised for her role in the trial, told CNN: “We didn’t need more witnesses, we needed more senators with spines.”[embedded content]More evidence of Trump’s alleged wrongdoing may yet be unearthed. Members of Congress from both parties have called for a bipartisan 9/11-style commission to investigate why government officials and law enforcement failed to stop the attack on the Capitol.Trump lawyers Michael van der Veen, Bruce Castor and David Schoen celebrated their client’s acquittal but faced widespread ridicule for a case built on flimsy arguments about freedom of speech and scattershot whataboutism concerning Democratic attitudes to protests against racism and police brutality.“They couldn’t get a summer internship with My Cousin Vinny,” Raskin told the Post, perhaps a deliberate reference to a bizarre and famously sweaty press conference given in November by another Trump lawyer, Rudy Giuliani, amid the former president’s failed attempts to prove mass fraud in his election defeat by Joe Biden.My Cousin Vinny is an Oscar-winning 1992 comedy about a hapless lawyer played by Joe Pesci. Giuliani said it was his “one of my favorite law movies, because he comes from Brooklyn”.Trump, who comes from Queens, refused to testify in his own defence. Raskin called him “a profile in absolute cowardice” and said: “He betrayed the constitution, the country and his people.“Trump’s followers need to understand he has no loyalty to them … Donald Trump is the past. We need to deal with the future.” More

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    Wall Street Journal warns Republicans: ‘Trump won’t win another election’

    In the aftermath of Donald Trump’s second acquittal in an impeachment trial, his supporters celebrated confirmed dominance of the Republican party. But as they did so an influential voice warned: “Mr Trump may run again, but he won’t win another national election.”The Wall Street Journal also said moves by Trump other than a run for the presidential nomination in 2024, including a “revenge campaign tour” or third-party run, would only “divide the centre-right and elect Democrats”.No one so much as Democrats wishes for that analysis to be true: that if Trump insists on remaining a loud voice in US politics, he will succeed only in electing more Democrats.But the fantasy of Trump’s summary departure from the national political stage is to be guarded against, many warn – and the notion that he cannot win the White House again in 2024 has been rejected on both the left and the right.“Trump could win again because it is always a choice between two” candidates, tweeted the conservative radio host Hugh Hewitt, in reply to the Journal editorial.Trump lost the 2020 election to Joe Biden, by 306-232 in the electoral college and by more than 7m votes nationwide. But Biden is the oldest president ever inaugurated and though he has said he may seek a second term, on election day 2024 he will be 81. Trump could yet face Vice-President Kamala Harris or another relatively untested Democrat.About half of Republicans want Trump to stay head of their party. That said, half of American voters want him banished from politics altogether, according to a CNBC poll this month that echoed other surveys. There are a lot more Americans than there are Republicans. Furthermore, tens of thousands have left the party since the Capitol Hill attack on 6 January.On Saturday, seven Senate Republicans joined Democrats in voting to convict Trump on a charge of insurrection arising from the Capitol riot. The defections were significant, the most against a president of their own party in any impeachment, but the vote still fell 10 short of the two-thirds majority needed.Many Republicans, most notably minority leader Mitch McConnell, excoriated Trump’s behaviour but said they voted to acquit because the trial was unconstitutional. Scholars dispute that, and the Senate voted twice to proceed.Senator Mitt Romney of Utah, as the 2012 Republican presidential nominee and a former governor of Massachusetts one of the most known quantities in politics, was among the Republicans to vote to convict. For that decision, he was attacked by Utah Republicans with a petition to censure him including the line, “Whereas, Senator Williard [sic] Mitt Romney appears to be an agent for the Establishment Deep State.” The petition, which misspelled Romney’s first name, “Willard”, was reported by The Atlantic’s McKay Coppins. The “deep state” conspiracy theory holds that a permanent government of bureaucrats and intelligence agents thwarted Trump’s agenda. Steve Bannon, a key propagator and former Trump strategist, has said it is “for nut cases”.Right now, for Trump 2024, the political math looks bad. But the factors on his side, including fundraising muscle and a rabidly devoted base, are plain to see. Trump raised more than $250m after the election on the back of his lie that it was stolen – and he has promised to stick around.“We have so much work ahead of us,” he said following his acquittal on Saturday, “and soon we will emerge with a vision for a bright, radiant, and limitless American future.”State Republican parties back him. At least four senators who voted to convict were on the receiving end of sharp rebukes. Such skirmishes could be further signs of how Trump threatens to pull the party apart.“It’s hard to imagine Republicans winning national elections without Trump supporters anytime soon,” the GOP strategist Alex Conant told Reuters. “The party is facing a real catch-22: it can’t win with Trump but it’s obvious it can’t win without him either.”Even more troubling for those concerned for the strength of US democracy, the continuation of Trumpian politics by a younger conservative – Senator Josh Hawley or Fox News host Tucker Carlson, perhaps – could render moot the question of whether Trump himself is onstage. In this thinking, a candidate as indifferent to democracy but better at organizing his party could succeed in a power grab where Trump failed.Monday’s editorial casting doubt on Trump’s prospects came from a paper owned by Rupert Murdoch, a dominant voice on the right. It echoed moves by the New York Post, the Journal and Fox News last November, after an election Trump still refuses to concede.On its news pages on Monday, under the headline Pro-Trump Candidates Launch Early Senate, Governor Bids, the Journal looked at early moves in key states including Ohio, Virginia and Arkansas, ahead of the 2022 midterms.But on the opinion page, under the headline Trump’s Non-Vindication, the Journal’s editors added their voice to warnings from senior Republicans that Trump’s hold on the rank-and-file may not translate to another successful White House run – even though Democrats in Congress could not bar him from future office.“For four years,” the editorial board claimed, “Mr Trump’s conduct stayed largely within constitutional bounds … but Mr Trump’s dishonest challenge to the 2020 election, even after multiple defeats in court, clearly broke those bounds and culminated in the 6 January riot. “Mr Trump may run again, but he won’t win another national election. He lost re-election before the events of 6 January, and as president his job approval never rose above 50%.“He may go on a revenge campaign tour, or run as a third-party candidate, but all he will accomplish is to divide the centre-right and elect Democrats. The GOP’s defeats in the two 5 January Georgia Senate races proved that.“The country is moving past the Trump Presidency, and the GOP will remain in the wilderness until it does too.” More

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    Beating Back the Far Right

    After four years of shock, confusion and paralysis, the United States is finally taking action against the far right. Perhaps most dramatic has been the de-platforming of Donald Trump: the suspension of his Twitter and Facebook accounts and the targeting of his prominent followers across social media platforms. Even a few months ago, such a radically sensible action would have been inconceivable. Kick a president off of social media?

    But such are the indignities visited upon sore losers. Not surprisingly, these moves have significantly decreased the amount of misinformation in the public sphere and made it that much more difficult for white nationalists to organize actions.

    How QAnon Followers Saw the US Inauguration

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    The events of January 6 also led to Trump’s second impeachment. The Senate trial, which took place last week, may not have resulted in a conviction, but it forced the Republican Party to choose between upholding the Constitution and supporting a president who tried to overthrow democracy.

    The penalties for remaining the party of Trump are slowly beginning to mount. The corporate world has moved against the ex-president by canceling events at his resorts and hotels and suspending financial services with his company. Several high-profile donors have abandoned the most vocal congressional adherents of the phony election fraud narrative, like Josh Hawley and Ted Cruz. Not only has Simon & Schuster canceled Senator Hawley’s book contract, but the chief promoter of MAGA texts at Hachette — who published screeds by Donald Trump, Jr., Corey Lewandowski and Jeanine Pirro — was recently fired.

    Some politicians have faced steeper penalties. For their participation in the January 6 insurrection at the US Capitol, West Virginia State Delegate Derrick Evans was pushed to resign and Jorge Riley was forced out of his position in the California Republican Assembly. At the federal level, House Democrats and 11 of their Republican colleagues recently voted to strip Georgia Republican Marjorie Taylor Greene of her committee assignments. That seems like a mere slap on the wrist for someone who has promoted the assassination of her political opponents. But it’s something.

    A defamation lawsuit by Dominion Voting Systems against Fox News, Sidney Powell and Rudy Giuliani, all of whom spread conspiracy theories about the company’s voting machines used in the 2020 election, has already claimed one success. Fox canceled Lou Dobbs, one of its many factually compromised show hosts. Dominion is readying another round of suits against as many as 150 targets including Newsmax, One America News Network and MyPillow CEO Mike Lindell.

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    The Justice Department has opened up “domestic terrorism” cases against a number of the participants in the January 6 insurrection. Congress is beginning to consider new legislation on federal penalties for domestic terrorism.

    The campaign against the far right isn’t exactly a full-court press. Greene continues to push Trump-like pronouncements on Twitter, and all the attention she’s gotten in recent weeks has only enlarged her platform. Corporate boycotts are not affecting the bottom lines of politicians like Hawley, who depends more on individual donors (he actually saw a big increase in donations after January 6). Trump retains his hold over much of the Republican Party, especially at the state level as the censures of Liz Cheney in Wyoming and Doug Ducey in Arizona indicate.

    In other words, the far right is down but not out. The much-feared round of violence at the state level in the wake of January 6 did not happen. Rallies and marches in support of MAGA or Trump or QAnon have not materialized. When Twitter suspended Trump’s account, a demonstration outside the company’s San Francisco office brought out dozens of police officers and exactly one protester. But neither the Proud Boys nor the white activist militias have disbanded. And according to a poll at the end of January, 64% of Republicans would join any party that Trump sets up.

    Even as the US establishment begins its tentative detox of the public sphere, the handwringing has also begun. The de-platforming of Trump has raised concerns over the tyranny of unregulated social media giants. The campaigns to limit the platforms of Hawley and Greene have generated a fear that the silencing of minority opinions will be applied to radical voices on the left as well. Critics worry that the labeling of the January 6 insurrectionists as “domestic terrorists” will inevitably be used against communities of color and others protesting racial inequities.

    The threat of white nationalist movements is not hypothetical. Four years of Trump have provided ample evidence of what can happen when these movements gain mainstream legitimation. But the anxieties over how “cancel culture” can be applied to the left and communities of color are also legitimate, as erstwhile football star Colin Kaepernick can readily confirm.

    The Biden administration has already begun its de-Trumpification of the US government by reversing the previous administration’s policies, removing Trump appointees and cutting off high-level access for right-wing crazies like Giuliani, Steve Bannon and members of the MAGA media.

    But the banishing of the far right back to the fringes of American society is going to require a different set of strategies. And here, the United States could learn a few lessons from other countries.

    Quarantining Politicians and Parties

    Although several European countries ban Nazi or neo-Nazi parties, a more effective tactic to reduce the political influence of extremist parties that fall just short of fascist has been to quarantine them. In Belgium, for instance, the major parties have an informal agreement not to partner with Vlaams Belang, a far-right Flemish nationalist party. This agreement became increasingly difficult when Vlaams Belang received the second most votes in the last parliamentary election in 2019. Austria abided by a similar “cordon sanitaire” until 2000, when the conservative People’s Party invited the far-right Freedom Party into government. The European Parliament has nevertheless borrowed the cordon sanitaire strategy to prevent members of the far-right Identity and Democracy bloc from holding any key posts such as the presidency of committees.

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    In Germany, the major parties have similarly avoided any coalition arrangements with the far-right Alternative for Germany (AfD). But the German government, presided over by the conservative Christian Democrats, has deployed another interesting tactic against the AfD. Last spring, the country’s domestic intelligence agency declared one wing of the AfD “extremist” and placed its leaders under surveillance. “But many saw in Thursday’s announcement a step toward broader measures targeting the entire Alternative for Germany party, setting the stage for a battle between the state and a party whose influence has steadily grown even as it has radicalized,” writes Katrin Bennhold in The New York Times.

    In Greece, the neo-Nazi Golden Dawn grew to become the third-largest party in the parliament. The government successfully pursued a legal strategy to criminalize the organization, charging it with murder, racketeering, illegal possession of firearms and attacks on migrants. In the end, 37 members of the party, including 17 MPs, were convicted of crimes and imprisoned. By the 2019 election, the party couldn’t get enough votes to have even one representative in parliament.

    If Trump ends up creating a new political party, a public pressure campaign could be mounted on the Democrats and Republicans to follow a strict policy of no talks, no committee assignments and no joint actions with any entity that Trump touches. Whether the disgraced ex-president follows through on his threat, a similar approach should be applied to all Republicans who continue to embrace a “stop the steal” agenda. Biden should make clear that his efforts at bipartisanship should exclude those who believe his administration to be illegitimate.

    Purging the Far Right from Security Forces

    When the National Guard was called in to secure the Capitol for Inauguration Day, two members were removed from duty because of possible ties to right-wing extremist movements. This additional vetting was deemed necessary because nearly one in five participants in the January 6 insurrection had links to the military. As a first step in addressing the longstanding problem of far-right proselytizing, the new head of the Pentagon, Lloyd Austin, has already notified the armed forces to conduct a one-day stand down to address extremism in the ranks.

    The United States could learn from the example of Germany where the country’s special forces, Kommando Spezialkräfte (KSK), had become a veritable haven of far-right sympathizers. The working group investigating the KSK discovered “soldiers who expounded unconstitutional views, a ‘toxic leadership culture’ among superiors, and the unexplained disappearance of 62 kilograms of explosives and large quantities of ordnance from KSK depots.” As a result of the investigation, the German government disbanded one entire company of the KSK and reorganized the remaining units. It has also tightened its screening process.

    In the US, only thanks to the Black Lives Matter movement and other efforts to bring accountability to policing did the FBI begin collecting data in 2018 on the use of force in law enforcement. The next step is to purge police ranks of racist extremists, jurisdiction by jurisdiction.

    Hate Speech and Digital Controls

    Because of First Amendment protections, the United States does not have any hate speech laws. However, such provisions can be found in the private sector, such as universities.

    Other countries, however, have sought to penalize hate speech in a number of different ways. Germany has outlawed “incitement to hate” or Volksverhetzung, which applies to verbal attacks on national, racial, religious or ethnic groups but also, according to a 2020 ruling, the denigration of women. Denmark, too, has recently expanded its hate speech law to include extremist language directed at gender identity and gender expression. Since the 1970s, New Zealand has had a law on the books criminalizing the incitement of “racial disharmony,” and the government has been considering additional measures following the Christchurch killings in 2019.

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    But legislating against hate is notoriously tricky. Canada repealed a hate speech law that tried to balance a commitment to free expression with equally strong commitments to multiculturalism and equality (but has more recently explored reviving it). France passed an online hate speech law last spring only for the country’s constitutional court to strike down large portions of it.

    Dealing with hate speech became even more urgent when the far right discovered how to use social media to recruit, organize and inject its messages into the conservative mainstream. In the US, the home of the largest social media platforms, there has been no move to legislate against extremist content online as long as it isn’t criminal (like libel, threats to kill or child pornography).

    Rather, in typically American fashion, policing has been left to the private sector, which determines who to “de-platform” and what posts to take down. Initially, the mainstream social media platforms only suspended the accounts of those on the lunatic fringe, like Alex Jones of InfoWars infamy or Milo Yiannopoulos formerly of Breitbart News. Facebook and Twitter were reluctant to take a more proactive approach to white nationalists not only for fear of being labeled “censors” but because it would also have meant banning Republican politicians who voiced similar sentiments.

    By 2020, however, Facebook and Twitter reversed themselves because politicians like Trump were openly challenging American democracy. Well, actually, Trump and his cohort had been doing so from day one, thanks to an indirect assist from the social media giants. But after the November election, Twitter and Facebook could rationalize their moves because Trump had become a lame-duck president.

    De-platforming demonstrably works, whether measured by the bankrupting of Milo Yiannopoulos, the reduction of an audience for groups like the Islamic State and QAnon, or the virtual disappearance of Donald Trump from public discourse. It doesn’t qualify as censorship, since Twitter and Facebook are not public spaces. They are corporate spaces, and the corporation decides who speaks there, just like The New York Times decides who to publish.

    But this raises two problems: To whom are Twitter and Facebook accountable? And why aren’t there rules governing the internet more generally, since the web is certainly a public commons?

    Facebook instituted an oversight board last year that looks at decisions with an eye toward possibly overturning them. Three of the first six cases have involved hate speech. Here’s one of them: “A user posted two screenshots of tweets by former Malaysian Prime Minister Mahathir Mohamad, which said ‘Muslims have a right to be angry and kill millions of French people for the massacres of the past.’ Facebook removed the post for hate speech violations, but the user’s appeal indicates they wanted to spread awareness of the prime minister’s ‘horrible words.’” Perhaps more consequentially, the oversight board will soon make the call on whether to restore Trump’s Facebook account.

    As for generating rules for the web more generally, that’s a tougher challenge, given the anarchic, libertarian spirit that has presided over the enterprise since its inception. But here’s one interesting “fix” that New Zealand has instituted: Any Kiwi who views extremist content online is now automatically directed to websites that help people leave hate groups.

    Going After Terrorists

    For two decades, the US has conducted a “war on terror” largely against “radical Islam” in countries like Afghanistan and Syria. It has ignored state supporters of such groups, like Saudi Arabia, when they’re allies, while going after governments like Saddam Hussein’s that were mistakenly identified as al-Qaeda boosters.

    Meanwhile, the US government largely ignored home-grown, right-wing extremists who organized with near-impunity particularly during the Trump era. So, why are some people unhappy about calling the right-wing extremists who overran the Capitol on January 6 “terrorists”?

    “The use of these words only elevates a harmful counterterrorism framework that has historically been used to target Arab, Muslim, and Black communities,” writes Rania Batrice in The Boston Globe. “Call them white supremacists. Call them a violent, murderous mob. Call them insurrectionists. Call them fascists. Call them traitors or treasonous. But please remember that the words used have an impact on broader, already oppressed communities.”

    I am sympathetic to this argument. But is it not problematic that the Foreign Terrorist Organizations (FTO) list does not include any far-right extremist groups? A number of these outfits — the Proud Boys, the Atomwaffen Division, the Base — have an international presence. Canada just labeled all of them terrorist outfits. An FTO designation would permit greater international cooperation to disrupt the global networking of the far right.

    Yes, I’d like to see the United States criminalize white supremacy and fascism. But the terrorism designation, for all its problematic history, focuses not so much on words but on actions. And in the US, it has historically been easier to go after the far right for what it does, not for what it says.

    Whatever language we use, however, it’s critically important to keep up the pressure to delegitimize the far right. Extremists are trying to maintain a toehold in power via Hawley, Greene and others in the hopes that Trump will run again or some equally malign candidate will emerge in 2024. It’s time to resurrect a global anti-fascist consensus to name, shame and throw these guys out of the game.

    *[This article was originally published by FPIF.]

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

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    The Magnanimous Gesture of Mohammed bin Salman

    Donald Trump famously cultivated a personal friendship with Saudi Crown Prince Mohammed bin Salman (MBS). To critics of the evil prince, Trump claimed that his loyalty was justified by the hundreds of billions of dollars of arms sales their friendship generated. The fact that those weapons served to engage the US actively in yet another Middle Eastern war appeared to trouble no one in Washington. Despite a growing crescendo of condemnation from the public, US support of a catastrophic military campaign in the name of helping an ally foment a humanitarian disaster in Yemen has continued to this day. The new US president, Joe Biden, has promised to modify that commitment, but not necessarily to cancel it.

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    MBS has made other headlines since becoming the effective head of state in the kingdom. Successfully drawing the US into a genocidal war of his own design is not his only claim to fame. Mohammed bin Salman got major headlines with the Jamal Khashoggi affair in 2018. Trump himself seemed only momentarily embarrassed by the Saudi regime’s gruesome killing of the journalist in Saudi Arabia’s Istanbul consulate. In the end, Trump proved wise to count on the passage of time to efface the crime from the public’s and the media’s memory. 

    But the unexpected outcome of the 2020 presidential election in the US meant bad luck for MBS. The Biden administration has promised to release the findings of the CIA’s assessment that pointed unambiguously to the crown prince’s personal responsibility in ordering the crime. Although announced in the days following his inauguration three weeks ago, we are still waiting. The media may soon stop wondering why, like so many other things on Biden’s promised agenda, it is still not forthcoming and focus on more pressing issues. 

    Back in 2018, the uproar in the immediate aftermath of the gruesome killing of a journalist working for The Washington Post drew a few bad reviews from Congress and even provoked the indignation of President Trump’s most loyal supporter in the Senate, Lindsey Graham. Two years have now passed since Graham’s insistence that MBS be “dealt with” and that there would be “hell to pay.” Senator Graham seems to have decided that that reckoning can now wait till the Last Judgment.

    It is too early to have a clear idea of how the Biden administration intends to deal with Saudi Arabia. MBS has reason to worry now that his BFF Trump has checked out of the White House. Especially after Biden announced, as The New York Times reported, “that he was ending U.S. support for the Saudi-led war in Yemen, including some arms sales.” The fact that this dramatic announcement concerns “some” arms sales rather than, say, simply “arms sales” may mean Biden is hedging his bets. Or simply it is intended to reassure those who are counting on the windfall of continuing arms sales. But its ambiguity should worry anyone who was expecting a reversal of traditional US obsequiousness to the Saudis, which has been the pattern since Franklin D. Roosevelt.

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    With the surprising announcement of the release of activist Loujain al-Hathloul after three years of imprisonment, MBS seems to be playing a similar game. It consists of announcing what appears to be a sudden change of policy, in this case, the loosening of his dictatorial grip on Saudi society. Most commentators see his gesture as an attempt to seduce President Biden, who MBS fears may be under pressure to keep his promises concerning both Yemen and the Khashoggi assassination. 

    Hathloul is a young Saudi female who has been incarcerated and tortured for the crime of publicly denouncing Saudi Arabia’s ban on women driving, which MBS subsequently lifted. Biden has applauded the crown prince’s clemency. The Guardian quotes Lina al-Hathloul, the sister of Loujain, who isn’t quite so pleased: “What we want now is real justice. That Loujain is completely, unconditionally free.”

    Today’s Daily Devil’s Dictionary definition:

    Real justice:

    An unattainable ideal in which most governments expect people to believe, while at the same time manipulating events and institutions in such a way that the workings of the judicial system conform to the reigning laws of hyperreal justice

    Contextual Note

    Nobody expects a dictatorship to be a paragon of justice. But even the most Machiavellian dictatorship needs to make its people believe it is capable of being just. The author of “The Prince” made that very point when he famously wrote in chapter 18 that “it is unnecessary for a prince to have all the good qualities I have enumerated, but it is very necessary to appear to have them.” MBS is, of course, beyond Machiavellian, since, unlike Italian princes five centuries ago, who had to earn their position of power through acts of valor, he was handed power on a gold-plated platter. He never needed to cultivate Machiavelli’s art of appearances.

    Despite the popular belief that democracies provide a recourse against injustice and offer — to quote the American pledge of allegiance — “liberty and justice for all,” the principle that determines how justice is meted out (or withheld) is eerily similar in democracies and totalitarian regimes, differing only in degree. Injustice will exist in any regime to the extent that power believes it can escape criticism for its injustice.

    Any good lawyer will tell you that the law and justice should never be confused. Every nation has laws that permit — and may even encourage and reward — unjust acts. Their effective enforcement protects some forms of injustice and punishes acts that challenge the injustice. That protection and punishment is brazenly given the name of justice because it is managed and enforced by the nation’s judicial system. To those who criticize such a system, Machiavelli would object that “real justice” in the real world can only be an illusion.

    The case of Hathloul nevertheless tells a more extreme story. Like so many things in Saudi Arabia, it represents a total travesty of justice. Loujain was branded a terrorist and imprisoned for speaking her mind on an issue — allowing women to drive a car — that MBS himself turned into law shortly after she was thrown in prison. The point was that every good citizen must trust the rulers of the kingdom to determine what is just. Doubting their impeccable judgment is treasonous.

    But the real travesty of this case concerns the nature of the punishment. The Saudi government denies the young woman’s claim of being tortured while in prison. Following her release, she has been subjected to a five-year travel ban and three years of probation. To survive, she must remain silent. If she so much as recounts the torture she claims to have undergone, she will be undoubtedly be punished, probably by further imprisonment and torture.

    Historical Note

    Dictatorships are not alone in producing unjust laws. Alexis de Tocqueville observed in “Democracy in America” (chapter XV) that democracies are equally capable of passing and enforcing unjust laws: “When a man or party suffers an injustice in the United States, to whom can he turn?” Responding to his own question, the French aristocrat carefully listed the various possibilities of recourse and discounted each of them. So long as the majority adopts a position and passes laws, democracy is capable of enthroning certain forms of injustice as the law of the land.

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    Loujain al-Hathloul’s sister rightly demanded “real” justice as opposed to the purely legal justice of enforcing the written laws. But the real justice she cites is an abstraction that political regimes, in their pragmatism, have no need to recognize or comply with. 

    Saudi Arabia has the luxury of never having to speculate on the intellectual distinction between its established justice system and a philosopher’s ideal of justice. Democracies encourage intellectual activity, even when they avoid applying its lessons. Authoritarian regimes feel comfortable promoting justice as identical to the autocrat’s will. Mohammed bin Salman deemed that eliminating the discordant voice of Jamal Khashoggi was a form of justice. After all, it costs nothing to remain silent, so why should Khashoggi or Hathloul choose to make waves at their own peril?

    The democracy known as the United States of America has recently demonstrated similar reasoning with the cases of Edward Snowden and Julian Assange. Like beauty, justice will always be in the eye of the beholder. But it will be concretely applied only by those beholders who have a firm grip on the reins of power.

    *[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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    US lawmakers call for 9/11-style commission to investigate Capitol riot

    Democratic and Republican lawmakers have issued fresh calls for a bipartisan 9/11-style commission to investigate why government officials and law enforcement failed to stop the attack on the US Capitol in January, following Donald Trump’s acquittal in his impeachment on charges that he incited the insurrection.The commission would be modeled after a panel created in the aftermath of the 9/11 terror attacks, which reviewed what caused the atrocity and laid out recommendations on how to foresee and prevent any future incursions.“We need a 9/11 commission to find out what happened and make sure it never happens again, and I want to make sure that the Capitol footprint can be better defended next time,” said Lindsey Graham, a Republican senator of South Carolina and close Trump ally who voted to acquit the former president on Saturday. “His behavior after the election was over the top,” Graham said of the former president on Fox News Sunday.Democrat Chris Coons of Delaware agreed. Speaking on ABC’s This Week, he said that a bipartisan commission would “make sure we secure the Capitol going forward and that we lay bare the record of just how responsible and how abjectly violating of his constitutional oath Trump really was”.Using harrowing video footage from the day, Democratic House prosecutors laid out their case that the former president stoked the attack with violent rhetoric and dangerous insistence on the debunked conspiracy theories suggesting he had won the 2020 presidential election, against all evidence that he had, in fact, lost.Seven Republicans joined 50 Democrats in the Senate to hold Trump responsible for inciting the deadly insurrection, led by armed supporters who announced intentions to kill or harm lawmakers including Mike Pence, the former-vice president, and Nancy Pelosi, the House speaker.Though the result of the trial was the most bipartisan in history, House managers ultimately did not secure the 67 votes required to convict Trump.But an independent commission could be another way for both Republicans and Democrats to hold Trump accountable. Other investigations have already been planned, with two Senate committees set to investigate security failures during the riots. In the House, Pelosi has also asked for a review of the Capitol’s security process.“There should be a complete investigation about what happened,” said Bill Cassidy, a Republican senator of Louisiana who has been censured by fellow Republicans in his home state for voting in favor of conviction.A commission would reveal “what was known, who knew it and when they knew, all that, because that builds the basis so this never happens again”, Cassidy told ABC, adding that he was “attempting to hold President Trump accountable” with his vote in the trial.Even Republicans who found Trump “not guilty” with their vote have tried to distance themselves from the former president. Most notably, the senate’s Republican leader, Mitch McConnell, said: “The people who stormed this building believed they were acting on the wishes and instructions of their president.”McConnell, who insisted that he voted against impeachment because Trump was no longer in office, after refusing to hold the trial while Trump was still in office, statements on Saturday seemed to punt the responsibility of holding Trump responsible to civil courts: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”Prior to the impeachment vote, Pelosi wrote a letter to her Democratic colleagues saying it is “clear that we will need to establish a 9/11-type commission to examine and report upon the facts, causes and security relating to the terrorist mob attack on January 6”. She renewed her support for the commission after Trump’s acquittal.A commission on the Capitol riot would need to be approved via legislation like the 9/11 commission was, and lawmakers may ultimately disagree on who should sit on it. Still, the idea has been gaining steam.“For the first time in however many years, we had an insurrection incited by the president of the United States where five people died, more have died since, hundreds were injured, people lost fingers, lost eyesight,” said Madeleine Dean, one of the House impeachment managers, said on ABC.“Of course there must be a full commission, an impartial commission, not guided by politics, filled with people who would stand up to the courage of their conviction,” she said. More

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    Democrats defend decision not to call witnesses as tactic under scrutiny

    Democrats defended their prosecution of Donald Trump’s impeachment trial on Sunday and hinted at the possibility of criminal charges, after failing to convince enough senators the former president was guilty of inciting the deadly Capitol attack.The 57-43 vote for a conviction, which fell short of the two-thirds majority required, was still the biggest bipartisan impeachment vote in US history and amounted to “a complete repudiation” of Trump’s conduct, lead House manager Jamie Raskin insisted. Seven Republicans crossed party lines to vote with every Democratic and independent senator after the five-day trial.But the tactics of Raskin and his team have come under scrutiny, with some Democrats asking if the decision not to seek witness testimony, after senators voted early on the trial’s final day to allow it, was a mistake.Specifically, evidence was not heard from the Washington congresswoman Jaime Herrera Beutler about a call between Trump and Republican House leader Kevin McCarthy during the 6 January riot showing that the president would not call off his supporters.“Well Kevin, I guess these people are more upset about the election theft than you are,” Beutler said Trump replied when the House minority leader pleaded for him to recall the mob who overran the Capitol in support of the president’s false claims of a stolen election.On Sunday, the Washington Post reported that the question of whether to call witnesses sparked lengthy debate among the House managers, who ultimately agreed to a deal to accept Beutler’s statement as a written record. The decision diverted the likelihood of the trial extending days, if not weeks as both sides deposed witnesses.“I know that people are feeling a lot of angst, and believe that maybe if we had this, the senators would have done what we wanted,” Stacey Plaskett, a congressional delegate from the Virgin Islands and impeachment team member, told CNN’s State of the Union.“We didn’t need more witnesses, we needed more senators with spines. We believe that we proved the case, we proved the elements of the article of impeachment. It’s clear that these individuals were hardened, that they did not want to let the [former] president be convicted, or disqualified.”Raskin concurred.“These Republicans voted to acquit in the face of this mountain of unrefuted evidence,” he told NBC’s Meet the Press. “There’s no reasoning with people who basically are acting like members of a religious cult.”Among the 43 senators to vote to acquit Trump was Mitch McConnell, the Senate minority leader who nonetheless followed his “not guilty” vote with a fiery and contradictory post-trial speech on the Senate floor, in which he condemned Trump for a “disgraceful dereliction of duty”.“There’s no question, none, that President Trump is practically and morally responsible for provoking the events of the day,” McConnell said. “No question about it.”“President Trump is still liable for everything he did while he was in office as an ordinary citizen,” the Kentucky Republican added, raising the prospect of criminal charges for the 45th US president over the riot. “He didn’t get away with anything. Yet.”Neither Raskin nor Madeleine Dean, an impeachment manager who told ABC’s This Week McConnell was “speaking out of two sides of his mouth”, ruled out criminal prosecution for Trump, saying the decision would be up to others.Larry Hogan, the Republican governor of Maryland and a frequent Trump critic, went further.“There was yesterday’s vote, but there’s still a number of potential court cases that I think he’s still going to face, in criminal courts and the court of public opinion,” he told CNN. “This is not over and we’re going to decide over the next couple of years what the fate of Donald Trump and the Republican party is.”Prosecutors in Georgia are investigating calls by Trump and an ally, Lindsey Graham, in which state Republican officials were pressured to overturn Biden’s victory.Chris Murphy, a Democratic senator for Connecticut, said Trump’s acquittal proved he was still firmly in charge of the Republican party, and that trial witnesses would not have swayed any more senators.“They weren’t going to get any more Republican votes than they had and I think they made the right decision to move to closing arguments,” he told CNN. “I don’t know that they would have lost votes, I just am pretty confident they were at their high watermark yesterday morning. I know that [among the] Senate Republican caucus, I can’t figure out who their eighth or ninth vote was going to be.“Donald Trump’s going to be in charge of their party for the next four years. As they were deathly afraid of him for the last four years, they are going to continue to be afraid of him for the next four years.”Bill Cassidy, a Louisiana senator who was among the Republican dissidents, expanded on his reasoning for his vote after declaring on Saturday it was simply “because [Trump] is guilty”.“We can see the president for two months after the election promoting that the election was stolen,” he told ABC. “He scheduled the rally for 6 January, just when the transfer of power was to take place. And even after he knew there was violence taking place, he continued to basically sanction the mob being there. And not until later did he actually ask them to leave.”Cassidy said he was unconcerned by a backlash in Louisiana, where the state GOP has censured him and the chair of the Republican caucus warned him not to expect a warm welcome back.“I have the privilege of having the facts before me and being able to spend several days deeply going into those facts,” he said.“As these facts become more and more out there, and folks have a chance to look for themselves, more will move to where I was. People want to trust their leaders, they want people to be held accountable.” More

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    Trump triumphant – but senior Republicans still see battles ahead

    Donald Trump emerged from his second impeachment trial almost completely politically intact. But amid widespread laments (or celebrations, depending on the affiliation of the speaker) about the former president’s grip on the Republican party, some prominent voices suggested a changing of the guard may still be due.“Losing the bully pulpit is a big difference,” Senator John Cornyn of Texas told the Hill, of Trump’s ejection from the White House and from major social media platforms, in the aftermath of the US Capitol attack.“I think that [we’re] already beginning to see some groundwork being laid by other people who aspire to succeed him.”By a vote of 57-43, the Senate voted to convict Trump on the charge that he incited the mob assault on the Capitol on 6 January. Seven Republicans joined every Democrat and independent in a verdict which would have barred Trump from running for office again. But the vote did not pass the two-thirds votes required.Only one Republican, Mitt Romney, defected in Trump’s first impeachment trial last year. But as Trump’s supporters brushed off the stronger show of opposition inside the party, so did Trump himself.The former president will be 78 in 2024 and has not committed to running again. But his post-acquittal statement did preview a resumption of a more visible role in US politics in the coming months.“Our historic, patriotic and beautiful movement to Make America Great Again has only just begun,” Trump said. “In the months ahead I have much to share with you, and I look forward to continuing our incredible journey together to achieve American greatness for all of our people. There has never been anything like it!”In interviews on Sunday, Republicans who dared to turn against Trump were asked about the likely consequences of their votes.In Louisiana, the state Republican party voted to censure Senator Bill Cassidy, who the chair of the Louisiana Republican Caucus warned not to “expect a warm welcome when you come home to Louisiana!”Speaking to ABC’s This Week, Cassidy said: “I’m attempting to hold President Trump accountable and that is the trust that I have from the people who elected me and I am very confident that as time passes people will move to that position.”Trump’s allies argued that he remains the center of the Republican universe.“Donald Trump is the most vibrant member of the Republican party,” Senator Lindsey Graham of South Carolina, a close Trump ally, told Fox News Sunday. “The Trump movement is alive and well.”Jason Chaffetz, a former congressman from Utah, framed the impeachment as a quixotic Democratic failure.“I don’t think history will treat this very well,” he told Fox. “It didn’t have the legitimacy that Democrats hoped it would. They really didn’t sway anybody. I think it was a complete waste of time and now Democrats are 0 for 2 and America wants to move on.”At the same time, there are indications that unity remains elusive within Republican ranks. In an interview with Politico, Mitch McConnell of Kentucky, the Senate minority leader who excoriated Trump after the impeachment trial but nonetheless voted for acquittal, indicated he would wade into primaries in which a Trump-backed candidate seemed set to win.“My goal is, in every way possible, to have nominees representing the Republican party who can win in,” McConnell said. “Some of them may be people the former president likes. Some of them may not be. The only thing I care about is electability.”McConnell added: “I’m not predicting the president would support people who couldn’t win. But I do think electability – not who supports who – is the critical point.”Graham indicated how McConnell’s Senate speech had gone down among Trump supporters.“He got a load off his chest,” he said, “obviously, but unfortunately he put a load on the back of Republicans. That speech you will see in 2022 campaigns.[embedded content]“I would imagine if you’re a Republican running in Arizona or Georgia, New Hampshire, where we have a chance to take back the Senate, they may be playing Senator McConnell’s speech and asking you about it as a candidate. And I imagine if you’re an incumbent Republican, they’re going to be people asking you, ‘Will you support Senator McConnell in the future?’”Close allies of Trump are running for major offices in those next midterms. In Arkansas, former White House press secretary Sarah Sanders is vying for the Republican nomination for governor. In North Carolina, Graham suggested, Lara Trump, the former president’s daughter in law, may well run for Senate to replace Richard Burr, the retiring senator who voted to convict Trump.There is also talk that Ivanka Trump could run for Senate in Florida, challenging Marco Rubio.Prominent anti-Trump figures see conflict ahead. Larry Hogan, the governor of Maryland who is widely expected to mount a presidential run in 2024, said anti-Trump sentiment would continue to grow.“We’re only a month in to the Biden administration,” Hogan told CNN’s State of the Union. “I think the final chapter of Donald Trump and the Republican party hasn’t been written yet.” More