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    Trump administration in 'staggering' isolation at UN on health issues

    The outgoing Trump administration’s final days at the United Nations have resulted in a deepening of US isolation on social and health issues, with only a handful of allies including Russia, Belarus and Syria.
    In one vote this week, the US was entirely alone in backing its own amendment to a seemingly uncontroversial resolution about efforts to treat medical complications from childbirth. It called for the removal of references to the World Health Organization (WHO) and the UN Population Fund.
    No other nation agreed, with 153 voting against the amendment and 11 abstaining.
    A UN diplomat said the spectacle of a western ally and a superpower so totally isolated was “staggering”.
    “It’s amazing that they decided they want to put their isolation on record, on full display, like that,” the diplomat said.
    Debates at the UN general assembly this week have been on social and humanitarian affairs and human rights issues, on which the US mission stepped up its largely unsuccessful campaign to remove mention of reproductive health from UN documents. The Trump administration sees the phrase as synonymous with abortion.
    The US backed eight amendments to resolutions on issues such as violence against women and girls, trafficking of women and girls, female genital mutilation, and early, child and forced marriages.
    Apart from the move to delete a reference to the WHO, which Donald Trump has blamed for the coronavirus pandemic, the proposed amendment involved removing references to providing reproductive health services to female victims of violence and oppression.
    Each time the amendments were decisively voted down in the general assembly, with the US drawing only a very small group of between four and 14 supporters. Its only consistent allies were Russia, Belarus, Syria, Qatar and the Pacific island states of Nauru and Palau.
    In one resolution about providing healthcare to women and girls during the pandemic, the US wanted to change the phrase “designating protection and healthcare services as essential services for all women and girls, especially those who are most vulnerable to violence and stigma”. The US mission demanded the deletion of the words “services as essential services”.
    “We’ve seen the US approach harden on these issues over the past four years, but I think this year was uniquely challenging as they clearly decided they were going to put their foot down on sexual reproductive health services language, across every single kind of relevant human rights resolution,” a UN diplomat said.
    After failing to change the wording of resolutions in negotiations before a vote was taken, the US took the added step of tabling amendments from the floor of the assembly, even though they were doomed to fail.
    “It is kind of an aggressive move normally used by Russia, but this year US decided to do it too,” the diplomat said.
    The US permanent representative, Kelly Craft, said the US objected to wording in the UN resolutions designed to “promote the global abortion industry”.
    “The US could not be clearer,” Craft said in a tweet. “There is no international right to abortion. Abortion is not healthcare. Abortion is not safe in any circumstance.”
    Explaining a vote on a French-Dutch resolution on sexual violence that mentioned reproductive health, the US delegate Jennifer Barber said: “It is particularly hypocritical that a resolution on violence against women promotes access to something that results in the loss of millions of baby girls every year.”
    Craft and Barber are from Kentucky and were backed for their position by the powerful Senate majority leader, Mitch McConnell, despite having minimal or no international experience. Barber is a specialist in Kentucky tax law. More

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    Trump's election legal challenges: where do things stand?

    As Donald Trump continues to push falsehoods about the election, his legal team has failed to gain traction in court, present pertinent facts or evidence of widespread fraud. Experts widely agree the evidence doesn’t exist, and election officials have declared the election, won by Joe Biden, the most secure in American history.Experts say Trump has almost no chance of reversing the result. But his repeated claims that the race was rigged are undermining public confidence in the system, the Associated Press reported, while instilling in his supporters the notion of an illegitimate Biden presidency.The Republicans have made up to 30 legal challenges so far and by Thursday, more than two weeks after the polls closed for in-person voting and the bulk of mail-in ballots were received, 19 of those lawsuits had been denied, dismissed, settled or withdrawn, NBC reported.Here is a summary of where Republican election challenges stand in six states:ArizonaThe case The Arizona Republican party is trying to block the certification of the election results in the state’s most populous county, Maricopa, until the court rules on the party’s lawsuit asking for a new hand count of a sampling of ballots. An audit already completed by the county found no discrepancies, officials said.What happened The judge has not issued a decision. A hearing in the case is scheduled for Wednesday.In a separate case, Trump’s campaign and the Republican National Committee had sought to delay the certification of election results in Maricopa County. A judge dismissed the case on 13 November.GeorgiaThe case A high-profile conservative attorney, L Lin Wood Jr, has sued in an attempt to block the certification of election results in Georgia. Wood alleges Georgia illegally changed the process for handling absentee ballots, involving standards for judging signatures on absentee ballot envelopes. Georgia’s deputy secretary of state has called Wood’s case a “silly, baseless claim”.What happened A judge has scheduled a hearing for Thursday to consider a request for a temporary restraining order to halt certification.MichiganThe case Trump’s campaign is trying to block the certification of election results in the state, alleging that election officials “allowed fraud and incompetence to corrupt the conduct of the 2020 general election”.Another lawsuit filed this week on behalf of two Republican poll challengers asks a court to halt the certification of election results until an independent audit is completed to “ensure the accuracy and integrity of the election”.What happened There have been no decisions in either case. Judges have already swatted down several other Republican efforts to block certification in the Detroit area. The Trump campaign on Thursday withdrew their federal lawsuit challenging the Detroit-area results.NevadaThe case Trump’s campaign is asking a judge to nullify Nevada’s election results or set them aside and declare him the winner, arguing that illegal or improper votes were cast and the use of optical scanning to process signatures on mail-in ballots violated state law. The Trump lawsuit, filed on Tuesday, rehashes arguments that judges in Nevada and elsewhere have already rejected.In a separate court filing this week, a voting watchdog group led by a conservative former state lawmaker wants a judge to block statewide certification of the election.What happened There have been no rulings in either case.PennsylvaniaThe case A Trump campaign case aims to stop the state from certifying the election, alleging Philadelphia and six counties wrongly allowed voters to correct problems with mail-in ballots that were otherwise going to be disqualified for a technicality, like lacking a secrecy envelope or a signature. The total number of affected ballots was not expected to come anywhere close to Biden’s margin of more than 80,000 votes.What happened Trump’s personal lawyer, Rudy Giuliani, jumped into a case this week after others withdrew, and the former New York City mayor argued in court on Tuesday for the first time since the 1990s. Giuliani made wild allegations of a nationwide conspiracy by Democrats to steal the election. No ruling yet.WisconsinThe case Trump’s campaign on Wednesday filed for a recount in the counties that cover Milwaukee and Madison, both Democratic strongholds. It alleged that absentee ballots were illegally altered or issued and that officials violated state law.What happened Biden leads Trump by 20,000 votes statewide. The recount requested by Trump will begin Friday and has to be complete by 1 December. Officials say there is no evidence to back up the claims. More

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    Will America Survive the Republican Zombie Apocalypse?

    The 2017 film “Bushwick“ begins like a lot of zombie flicks. An unsuspecting couple is walking through a subway station in the working-class neighborhood of Bushwick in Brooklyn. The station is eerily empty. They hear gunfire outside. The boyfriend goes out to investigate, and you know from the conventions of a zombie film that this is a very bad idea. No need for a spoiler alert: He dies.

    The girlfriend ventures out to find the residents of Bushwick fighting an invading horde. But it’s not a horde of zombies, even though they are committed to the same relentless violence. The invasion force turns out to be a right-wing paramilitary bent on securing the secession of Texas and most of the South from the United States.

    Welcome to Joe Biden’s Socialist States of America

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    Why are they in Brooklyn? That’s not entirely clear. The grunts, all dressed in identical black riot gear, are just following orders. They didn’t expect resistance, but the diverse community has banded together — African Americans, Orthodox Jews, bearded craft beer connoisseurs. So, like zombies, the militia members are killing every resident they encounter.

    Worst-Case Scenario

    Militia violence. Rejection of the federal government. Right-wing crazies promoting a civil war. Bushwick was made at a time when Hillary Clinton looked like she’d be the next president and right-wing resistance inevitable. Instead, the Electoral College tilted toward Donald Trump. As the new head of the federal government, Trump preempted the worst-case scenario. His more extreme followers wouldn’t weaponize their grievances as long as one of their own was “running” the country.

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    At the same time, Trump implicitly promised to maintain this tenuous status quo as long as he won reelection. In the first presidential debate, Trump told the Proud Boys, a neo-fascist group, to “stand back and stand by.” The extremists waited, locked and loaded. A landslide — against Trump and against his Republican Party enablers — might have put this worst-case scenario to rest. Instead, with Trump refusing to concede the election and the Republican Party celebrating its congressional and state house victories, the country is now inching ever closer to the “Bushwick” plotline.

    Accelerationists like the Boogaloo Bois, who want to bring down the existing system through a violent race war, are chomping at the bit. A raging pandemic has separated Americans into the cautiously masked and the defiantly maskless, further undermining what remains of the country’s cohesion.

    As for zombies, they have rampaged across American popular culture at least since “Night of the Living Dead” hit movie theaters in 1968. They have now lurched off the page and out of the multiplex into real life. For how else would you describe the millions of Americans who deny the effects of a disease that has killed nearly 250,000 people and the results of a free and fair election that repudiated Donald Trump? Jeez, something must have eaten their brains.

    The Disease Spreads

    In 2016, the virtual equivalent of zombies — bots operating through social media and the comment sections of websites — intervened in the US presidential election. In 2020, those bots were less influential. But who needs virtual zombies when Americans themselves have become so willing to spread disinformation? The Russian intention back in 2016 wasn’t so much to get Trump elected. No one, including Donald Trump himself, thought there was much chance of that. Rather, the disinformation campaign sowed doubt about the political system more generally.

    What started out as marginal hobbyhorses became widespread delusions. Don’t trust the candidates, the media, the NGOs. A conspiracy lurks behind the façade of normalcy. The Democrats are actually pedophiles (the Pizzagate conspiracy), the financiers are actually Nazis (the Soros conspiracy), and government officials are part of a deep-state resistance to Trump’s agenda (the Fauci conspiracy, among others).

    And then there’s the one conspiracy that rules them all. The QAnon notion that all the world’s a Satanic child-trafficking ring — Pizzagate raised to the nth degree — is so absurd on the face of it, that no reasonable person could possibly entertain it. But plenty of people have embraced equally wacky theories. L. Ron Hubbard’s “Dianetics” has been a bestseller for decades, and all too many Americans were willing to believe that Barack Obama was a foreign-born Muslim despite mountains of evidence to the contrary.

    Of course, it’s a lot easier to deny the existence of something if it remains far away in time or space. Those who live far from the ocean can blithely refute the evidence of the rising waters. That’s not so easy when those waters have reclaimed your land and your house tumbles into the sea.

    Embed from Getty Images

    Misinformation about COVID-19 — that masks are not necessary, that vaccines should be avoided or that herd immunity is a viable strategy — has been lethal. That denialism should have disappeared as COVID-19 infection rates began to spread to every corner of the United States before the election. The increasing proximity of the threat should have motivated Americans to come together as one to fight the virus. At the very least, fear should have kept people at home instead of venturing out to the potential superspreader events that President Trump was sponsoring as campaign rallies before the election. But no. Thousands still showed up to what Democrats should have called Trump’s “death rallies.” Even more unbelievably, Trump went on to defeat Joe Biden in those parts of the country hardest hit by the virus. According to the Associated Press, “in 376 counties with the highest number of new cases per capita, the overwhelming majority — 93 percent of those counties — went for Trump, a rate above other less severely hit areas.” Even in hard-hit areas that ultimately voted for Biden, Trump often improved his showing from 2016, NPR reports.

    Well, zombies don’t know that they’re zombies. One day they’re ordering BLTs, and the next they’re eating their next-door neighbor. They’re completely unaware of how the abnormal has become normal.

    The “Stolen” Election

    A coup requires at least some public support. The Thai military could count on the “yellow shirts.” The Egyptian military relied on those fearful of the religious leanings of the Muslim Brotherhood. Pinochet courted the rich and the middle class. Where public support is lacking, coups often wither. That’s what happened in the Soviet Union in 1991. This week in Peru, the would-be president who forced the resignation of anti-corruption campaigner Martín Vizcarra stepped down after only a week in office, as protests continued to roil the country and the police killed two demonstrators.

    Trump has the backing of millions of Americans who have bought into his allegations of a “stolen” election. As importantly, only a minority of Republican Party grandees has bowed to the inevitable by acknowledging Biden’s victory. That includes a mere four Republican senators —Lisa Murkowski, Ben Sasse, Mitt Romney and Susan Collins. A number of Republican candidates in this month’s election, including those who were beaten by large margins, are also refusing to concede. Errol Webber, who lost his bid to unseat Karen Bass in a California congressional seat by an astounding 72%, now claims election fraud and won’t back down. He’s not alone in his delusions.

    The question is, how far will Trump and the Republican leadership go? It’s not likely that the Pentagon would support a coup, even after the removal of Mark Esper. The militia movement is armed and dangerous, but it’s not even close to being as organized as in the “Bushwick” scenario. The “Million MAGA March” fell short of its goal by 980,000 people or so. Trump just doesn’t have the numbers — not the votes to reverse the election results in a recount, not the judges to overturn the decision through a legal strategy, not the support in state legislatures to replace the Electoral College delegates and not the people on the street for a popular uprising.

    That doesn’t mean he can’t still do damage. Just this week, he announced that the administration would sell new leases to oil and gas companies to drill in the Arctic National Wildlife Refuge in Alaska. He fired the Homeland Security official who declared the election secure, then narrowly failed to install wacko Judy Shelton on the Federal Reserve board. And he came close to starting a war with Iran just to destroy any last chance of salvaging the Obama-era nuclear deal. His advisers reportedly persuaded him that it would be unwise to bomb the country’s nuclear facilities.

    Meanwhile, as I explain in a new article at TomDispatch, not only is Trump throwing sand in the wheels of transition, the Republicans are gearing up to block just about everything the Biden administration will try to do from January on. The Republicans have transformed themselves into a zombie party that relies on a narrow base of zombie support. The party effectively died as a viable political force — absent gerrymandering and voter suppression — before Trump brought it back from the dead. In films, zombification is a one-way street. Once you start twitching and slavering, there’s no going back. Let’s hope that the analogy doesn’t hold in American politics.

    De-Trumpification

    In 1956, three years after Stalin’s death, Nikita Khrushchev gave a secret speech to the Twentieth Party Congress entitled “On the Cult of Personality and Its Consequences.” Today, the speech seems rather boring, full of jargon and acrobatic attempts to separate Stalin’s crimes from the Soviet system. But at the time, it shocked the Communist Party zombies who’d hitherto been unaware (or pretended not to know) of Stalin’s crimes.

    Embed from Getty Images

    Most of those who were well acquainted with Stalin’s crimes were already dead from famine, war or murderous purges. That’s the thing about plagues: By the time you’re finally convinced of their lethality, you’re on your deathbed. For some, even death is not enough. Compare the Stalinists who proclaimed love for their leader as they were being executed with the COVID-19 patients who continued to deny the disease with their dying breaths.

    The party speech was the first major step in the de-Stalinization campaign that Khrushchev waged into the 1960s. The campaign produced some liberalization of Soviet society, but the Thaw came to an end in a Brezhnev backlash that lasted effectively until Mikhail Gorbachev came to power in 1985 (and finally published Khrushchev’s 1956 speech for all to read). Unfortunately, the de-Stalinization that Khrushchev started in 1956 didn’t completely discredit the Soviet dictator. Indeed, according to recent polls, an astounding 70% of Russians approve of Stalin’s role in Soviet history.

    Trump’s personality cult exerts a similar effect. His adherents are incapable of seeing that the man’s evil extends far beyond his intemperate tweets. No speech by Joe Biden is going to make any difference. Not even denunciations by former Trumpers — Michael Cohen, John Bolton, John Kelly — have done much of anything. Trump’s support only grew from 2016 to 2020. So, what will it take to avoid the Stalin scenario?

    In an article about three historical parallels —  Reconstruction, de-Nazification and de-Baathification — I conclude that a mere speech won’t do the trick: “Because Trumpism is a cancer on the body politic, the treatment will require radical interventions, including the transformation of the Republican Party, a purge of Trumpists from government, and the indictment of the president and his top cronies as a criminal enterprise. To avoid a second Civil War, however, a second American Revolution would need to address the root causes of Trumpism, especially political corruption, deep-seated racism, and extreme economic inequality.”

    In this way, the leader can be properly stigmatized while the followers can be progressively de-zombified. One thing is for certain: If the Biden administration doesn’t take firm and decisive action against the illegalities of the Trump team, and if Biden doesn’t address the root causes of the zombification of half the electorate, the new president will be eaten alive.

    *[This article was originally published by Foreign Policy in Focus.]

    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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    India’s Police: An Instrument of Injustice

    When Alexander the Great marched into Phrygian, the capital of Gordinium, in 333 BC, he was told that an oracle had declared that any man who could unravel the Gordian knot — deemed impossible to untangle — would rule over Asia. After wrestling with the knot for a time with no success, Alexander drew his sword and cut the knot into half with a single stroke. To paraphrase the Bard of Avon, police reforms in India await a similar creative solution to a seemingly insurmountable problem.

    360˚ Context: The State of the Indian Republic

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    It is ironic that, more than seven decades after independence, the police in India are still governed by the Indian Police Act of 1861. The British introduced this act immediately after what they called the 1857 Sepoy Mutiny. As per the Commonwealth Human Rights Initiative, the 1861 legislation was enacted with “the purpose of crushing dissent and any movement for self government.” After the 1857 uprising, the British monarchy took over from the East India Company, creating a colonial administrative architecture that would become the jewel in its crown. Along with the 1861 act, the 1860 Indian Penal Code was a major pillar of the new criminal justice system that served London well until India’s independence in 1947.

    The Legacy of the Raj

    Independent India adopted a new constitution that gave states jurisdiction over the police. Henceforth, it was not New Delhi but state capitals that controlled policing. However, those who drafted the constitution failed to craft legislation to create a new police force in tune with the new demands of democracy. The police force retained its colonial character, carrying the will of its new political masters. Order ordained by these masters had to be maintained. The rule of law and due process were to play second fiddle.

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    Like many former colonies, India became a democracy in form while its police force remained colonial in spirit. In the first few decades after independence, the combination of enlightened leaders, ignorant public opinion, some outstanding officers and the broad hegemony of one political party papered over the incongruity of the arrangement. That could not, and did not, last.

    From the 1960s, Indian politics became increasingly fractious. By the mid-1970s, the pulls and pressures on police departments, thanks to political interference, increased dramatically. Inadequate organizational structure, exploitative ethos and brutal behavior came to typify the police force. In 1975, then-Prime Minister Indira Gandhi, the daughter of Jawaharlal Nehru, used the police to impose a state of emergency on the country. As in colonial times, the police suppressed civil liberties, foisted false cases on the ruling party’s political opponents and even enforced sterilization on unwilling young men under a draconian family planning plan.

    In 1977, the opposition won a historic victory. Immediately after taking power, the new government instituted the National Police Commission (NPC) to review India’s system of policing and suggest reforms. It produced eight reports, including a Model Police Act, between 1979 and 1981. It also appointed a commission of inquiry under a retired chief justice of India, J.C. Shah. Its 1978 report chronicled the excesses, malpractices and misdeeds of the government during the emergency. It found that the police had obediently and brutally carried out instructions of its political masters, cowing the country into submission.

    To date, these reports have been gathering dust. Governments have come and gone since 1981. They have implemented peripheral recommendations but ignored substantive ones that relate to accountability and autonomy.

    Echoes Across the Country

    In 2020, the police are still bound by diktats of the political bosses. The Delhi riots earlier this year prompted allegations of political interference, a repeat of what happened in the 1984 unrest. It moved Julio Ribeiro, one of the country’s most respected police officers, to write a letter to the police chief of Delhi. He asked for a fair probe into the riots and questioned why the police did not investigate members of the ruling party for delivering hate speeches.

    Ribeiro’s question can be echoed across the country. The chief ministers of India’s 28 states control the police just as British governors once did. Politicians pay lip service to police reforms but are unable to let go of the power they wield. At its essence, there is a fundamental asymmetry of power between the police and the citizens: The former are not accountable to the latter. The police answer only to their political and bureaucratic bosses.

    The failure of politicians to reform the police has led to citizens and retired senior police officers appealing to the judiciary for change. In 2006, the Supreme Court of India passed a landmark judgment and gave seven clear directives. The government of India and its federal counterparts in state capitals were supposed to implement these directives. Instead, most have been ignored or implemented half-heartedly. As a result, many a chief justice had lamented that not a single state government is willing to cooperate: What’s to be done?

    Embed from Getty Images

    The power politicians wield in various state capitals comes from Section 3 of the 1861 Police Act, which states: “The superintendence of the police throughout a general police-district shall vest in and shall be exercised by the State Government to which such district is subordinate, and except as authorized under the provisions of this Act, no person, officer of Court shall be empowered by the State Government to supersede or control any police functionary.”

    Simply put, chief ministers and their consiglieres, the senior officers of the elite Indian Administrative Service and Indian Police Service (IPS), control every district in their states. The Model Police Act drafted by the NPC more than four decades ago recommended a tempering of this unfettered power of state governments. Its Section 39 provides for the state government to “exercise its superintendence … in such manner … as to promote the professional efficiency of the police.”

    The Second Administrative Reforms Commission (ARC) set up by the Indian government concluded that the proposed Section 39 was insufficient to provide police autonomy. Informal and often illegal instructions to the police are pervasive. It recommended that an amendment to the Model Police Act that expressly forbade illegal or mala fide demands from the police. It also recommended that obstruction of justice be categorized as an offense. Needless to say, the government of India is yet to accept the ARC’s recommendations, let aside implement them.

    Crime Pays

    This politics-police equation is completely lopsided, with India’s law enforcement the handmaiden of the politicians in power. This has been supported by numerous committees such as the one headed by Justice K.T. Thomas and scholars like Milan Vaishav. In fact, Indian voters have been increasingly electing politicians who face criminal proceedings against them. Money and muscle play a growing role in Indian politics. The result is decline, if not collapse, of the policing and criminal justice system.

    After 73 years of independence, the formal institutions left behind by the British Raj are weakening. For ambitious politicians, controlling the police is an important way to secure benefits for themselves, consolidate electoral gains and distribute benefits to their supporters. If politicians control the police, they can avoid criminal investigations into their activities. They can hobble opponents with false or frivolous charges. They can also dispense patronage to their core supporters who are often members of their community. This partisan use of the police furthers identity politics in an increasingly divided land. As a result, the rule of law suffers and the Indian state weakens.

    The police force itself has become politicized in many if not all states. Caste, community or religious affinity is often more important than professionalism, diligence or excellence. Many politicians try to recruit members of their own group into the police. Since police officers have job security, this social engineering of the police can institutionalize the coercive power of a group long after their politician is voted out. 

    The Indian police have been weighed, measured and found wanting on numerous occasions. In 1992, the police stood by as a mob demolished the Babri Masjid mosque and, 10 years later, they did the same during the 2002 Gujarat riots. The rise in extrajudicial killings demonstrates the failure of due process of law. In 2005, the BBC reported that India’s “fake encounters” — staged confrontations between criminals and the police, where the criminals mostly end up dead — were shockingly common. During the emergency in the 1970s and in recent years, the police have stifled dissent by slapping colonial-era sedition charges.

    The police continue to wield repression on the streets. Beating people arbitrarily is common. In recent years, marginalized groups such as Dalits, minorities, tribesmen and women who protest peacefully have faced increased police brutality. Paul Brass has found that governments have used “curfews as means of control, victimization, and outright violence against targeted groups rather than as devices to bring peace during violent times for the benefit of all.”

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    Instrument of Injustice

    In India, the police no longer have a reputation for probity or for being an instrument of justice. In fact, the insensitive, illegal, inhuman and indefensible handling of the September murder and gang rape of a Dalit girl in Hathras, a district in India’s most populous state of Uttar Pradesh, laid bare the utterly unprofessional work culture of the Indian police. Such conduct occurs with numbing regularity because the political elite is deeply invested in the status quo.

    Prospects for reform seem dim. In 2003, R.K. Raghavan, a former director of the Central Bureau of Investigation, observed that the police would continue to do the politicians’ bidding unless certain basic reforms were enacted. The judiciary cannot enact these reforms — it is the politicians’ duty. Until “they look upon the police as a tool to settle political scores with their adversaries, nothing will improve.” Raghavan went on to argue that prospects for police reform were bleak “because the corruption that cuts across party lines, brings with it unanimity that the status quo should remain.”

    In September 2020, Indian Prime Minister Narendra Modi gave a speech to graduating IPS officers and called for a trust-based policing system. He argued that those who believe that instilling fear among the populace is the most effective policing strategy are out of sync with the march of the nation and its vibrant democracy. Modi’s actions have not matched his rhetoric.

    India does not need another report or judgment. It awaits a statesman who can rise above the temptations of short-term electoral gains and work for long-term national benefits and who will not hesitate to wield the sword to cut the Gordian knot that keeps the politician and the police bound together. Only then will India have rule of law, not mere order, and justice for all instead of for a privileged few.

    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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    Alex Acosta and the Guidelines of the Elite

    Two fundamentally ambiguous events concerning the Jeffrey Epstein affair have left many people wondering how far the web of influence around the convicted sex offender extended. The first was the trial that ended with a sweetheart deal allowing Epstein, an American financier, to be virtually free while serving prison time. The second event was his apparent suicide in prison as he was awaiting trial on separate charges. 

    The conditions surrounding his suicide are so spectacularly equivocal that any rational person can only be dumbfounded by the uncritical acceptance by the media of New York City’s medical examiner’s declaration of suicide as definitive. CNN, for example, reporting on the most recent news concerning the 2005 trial and the sweetheart deal writes drily: “Epstein died by suicide in a federal jail in August 2019.”

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    In the article, CNN cites a review by the Department of Justice finding “that Alex Acosta, President Donald Trump’s former Labor secretary, exercised poor judgment when, as a US attorney in Florida, he gave sex trafficker Jeffrey Epstein a non-prosecution agreement.” It adds that “the review did not find that Acosta or other prosecutors engaged in professional misconduct.”

    The article mentions that Acosta was guilty of a second count of poor judgment “when he failed to notify the girls and young women who alleged they were sexually abused by Epstein about the decision to not prosecute the multi-millionaire on federal charges.

    Today’s Daily Devil’s Dictionary definition:

    Poor judgment:

    The commonly attributed failing that explains why a crime committed by any member of the elite (defined as those empowered to judge the acts of others and exempt from being judged by others than their own) cannot be considered a crime since the mistake of showing poor judgment eclipses in gravity the crime itself

    Contextual Note

    As a federal prosecutor and then President Trump’s secretary of labor, Acosta belongs to the middle ranks of the judicial and political elite just as Epstein belonged to the middle ranks of the financial and social elite. Epstein appears also to have been associated with the international intelligence elite. That offered him supplementary security because intelligence can never be accused of crimes since its duty is to be engaged in serious criminal activity. By virtue of their belonging to the elite, both Epstein and Acosta knew they were at least theoretically protected from ever being convicted of serious crimes. But so were people like Harvey Weinstein, who belonged to the entertainment elite, or Bernie Madoff, who worked his way into the financial elite.

    Epstein, Weinstein and Madoff demonstrate that it’s possible to go too far in exercising poor judgment. All three had, at some point, probably lost any notion of there being such a thing as “too far.” They thus learned they weren’t quite as elite as they imagined themselves to be.

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    The Epstein case helps us to understand one important principle: that in the circles of the elite, there are always two levels of logic that protect them. The first is the phenomenon of the first offense, or the first occasion in which the subject crosses a line that could expose the nature of the game. The less timid or cautious actually push their luck to discover where that line may be before pulling back to their safety zone.

    The second is the security deriving from the self-interested solidarity of the elite. They will never betray the secrets of their peers, whom they learn to protect passively. Passive protection translates as the rhetorical skill of denying even awareness of actions deemed compromising. It is important to avoid recourse to active protection, such as rising to the defense of a peer. This is frowned upon because it may raise suspicions of complicity. Individual sins can be brushed away. Collective sins require more effort.

    Sexual crimes (Epstein, Weinstein) — typically individual sins, but not crimes — if found out and verified, are paradoxically the least forgivable, especially today, after the Weinstein scandal and #MeToo. Judicial crimes and crimes of political influence, such as Acosta is accused of, are easily dismissed because they are generally viewed as part of the job of balancing interests out among the elite.

    Then there are serious political crimes, including war crimes. In some sense, they are the easiest to gloss over because they are motivated by “noble” (i.e., nationalistic) intentions. But because they concern public policies, they become highly visible and can draw the attention of political opponents. Protecting them becomes more complicated, requires working closely with the media and takes time.

    Take the example of Elliot Abrams, President Trump’s special envoy, first for Venezuela and then for Iran. He was convicted of lying to Congress in the context of the Iran-Contra scandal during the Reagan administration. He even admitted in an interview to being seriously involved in the micro-management of the Contra death squads in El Salvador. President George H.W. Bush pardoned Abrams in 1992, who continued to provide his services to George W. Bush and now Trump.

    All this is public knowledge, which means mildly embarrassing but not compromising. It explains why a prominent member of President-elect Joe Biden’s transition team, Kelly Magsamen, can even today justify her active collaboration with Abrams in a now-deleted 2019 tweet visible here. Defending her work with Abrams on the Trump administration’s shambolic effort to provoke regime change in Venezuela, Magsamen explains: “I worked for Elliot Abrams as a civil servant. He is a fierce advocate for human rights and democracy. Yes, he made serious professional mistakes and was held accountable. I’m a liberal but I’m also fair. We have a lot of work to do in Venezuela. We share goals.”

    Goals justify everything. But mistakes happen, leading to accusations of “poor judgment.” Convictions also happen, sometimes followed by presidential pardons. That is what is called “being held accountable.” Most significantly, bygones become bygones.

    The elite has a job to do and solidarity is an essential part of that job.

    Historical note

    The capacity of elite networks to protect their members, especially when it involves national security (i.e., the intelligence community), has always been impressive. Not only can they accomplish enormous tasks that may or may not involve serious criminal activity — from massacres of civilian populations to assassinations of political leaders and even scientists — they are particularly skillful at covering them up, delaying and distorting the perception of truth and influencing the commercial media to disseminate their version of the “truth” while characterizing all other accounts as conspiracy theories.

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    Alex Acosta’s public explanations of his sweetheart deal for Jeffrey Epstein was anything but convincing, as any spectator should be able to notice. In response to the question raised by his own explanation that Epstein was an “intelligence asset,” he responded: “There’s been reporting to that effect, and let me say, there’s been reporting to a lot of effects … and I would hesitate to take this reporting as fact.” He then added: “I can’t address it directly because of our guidelines but I can tell you a lot of reporting is just going down rabbit holes.”

    The strategy is impeccable. Call the issue “reporting,” meaning it could just be hearsay. Then mention that other hearsay exists, suggesting that it is all equally incredible. Then invoke “guidelines” that no one understands but everyone accepts as being crucial to our common security. The final touch consists of asking for questions from another reporter to avoid follow-up questions to one’s evasive answers.

    History provides us with many examples of how the work of the elite to cover up its most public crimes produces effects that last decades and disqualify the truth, even when it finally emerges to the light of day.   

    Robert F. Kennedy was assassinated 52 years ago. The evidence that the bullet that killed the senator was fired by a second gunman is overwhelming. A lengthy interview half a century later with one of the forensic pathologists consulted for the autopsy (but not for the trial) not only presents that evidence but reveals how and why it was covered up at the time.

    This is just one startling example of how the media continue to create enough doubt about decades-old affairs to protect the elite of the past. It appears to be part of their job protecting today’s elite. Acosta has nothing to worry about.

    *[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 will Joe Biden reset US relations with the world? – podcast

    Joe Biden will enter the White House in 2021 facing numerous domestic crises. But as Patrick Wintour explains, he cannot ignore the rest of the world

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    When Donald Trump took office four years ago it was with the mantra ‘America first’. International agreements were torn up, the US withdrew from commitments like the Paris climate agreement and cut its funding for the World Health Organization. Allies in Europe were scorned in favour of creating new relationships with ‘strongmen’ leaders such as Vladimir Putin and Kim Jong-un. Now, as Joe Biden prepares to enter the White House he is promising to repair damaged relations and rejoin global institutions. But as the Guardian’s diplomatic editor, Patrick Wintour, tells Anushka Asthana, the next four years will not be simply spent turning the clock back on global affairs: instead Biden will forge his own foreign policy based on promoting democracy and standing up to authoritarianism. It’s a change in tone that will have ramifications too in Britain, where a Brexit deal and an orderly exit from the EU (now without the prospect of a Trump-blessed US trade deal) is becoming ever more important. More

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    'Pathetic' Trump denounced over Krebs firing as campaign presses for recounts

    Donald Trump was condemned by opponents on Wednesday for firing the senior official who disputed his baseless claims of election fraud, as the president pressed on with his increasingly desperate battle to overturn Joe Biden’s victory.The president’s election campaign team continued to press for recounts and investigations in battleground states where Biden has already been declared the winner, including a new request in Wisconsin for a partial recount.And there was uproar over his decision late on Tuesday, announced by tweet, to fire a federal official in charge of election security who dismissed his claims of widespread voter fraud.The firing of the Cybersecurity and Infrastructure Security Agency (Cisa) director, Christopher Krebs, was “pathetic and predictable from a president who views truth as his enemy”, senior House Democrat Adam Schiff said.Officials have declared 3 November’s contest between Trump and Biden the most secure US election ever.On Tuesday, the Pennsylvania supreme court dealt a blow to Trump’s efforts in a state Biden won by nearly 73,000 votes, saying officials did not improperly block the Trump campaign from observing the counting of mail-in ballots, as the president has claimed.In another lawsuit, led in federal court in the state by the former New York mayor Rudy Giuliani, who has not argued a case in federal court since the early 1990s when he was a prosecutor, the campaign accused Democrats of a nationwide conspiracy to steal the election. No such evidence has emerged in the two weeks since the polls closed.Lawyers for the Democratic Pennsylvania secretary of state, the city of Philadelphia and several counties said the Trump campaign’s arguments lacked any constitutional basis or were rendered irrelevant by the state supreme court decision.They asked US district judge Matthew Brann to throw out the case, calling the allegations “at best, garden-variety irregularities” that would not warrant invalidating Pennsylvania results.The next day, the Trump campaign requested a partial recount in Wisconsin, which Biden won by around 20,000 votes, while in Georgia, which the Democrat won by around 15,000, a hand recount continued towards a midnight deadline.CNN, for one, has declared Biden the winner in Georgia.Neither state was thought likely to flip – and even if they did, their 26 electoral votes combined would not be enough to keep Trump in the White House, requiring a further reverse in Pennsylvania, a big prize with 20 votes, and equally unlikely to be achieved.Biden won the electoral college by 306-232, the same margin by which Trump beat Hillary Clinton in 2016, a victory he insisted on calling a landslide. Candidates require 270 electoral college votes to win. Trump is also fighting on in Nevada.By continuing to refuse to concede, Trump is holding up transition processes including funding for Biden to build his administration, even as the US flounders amid a coronavirus surge.In a statement announcing the request for recounts in Wisconsin, Trump campaign counsel Jim Troupis said: “The people of Wisconsin deserve to know whether their election processes worked in a legal and transparent way. Regrettably, the integrity of the election results cannot be trusted without a recount in these two counties and uniform enforcement of Wisconsin absentee ballot requirements.”The Wisconsin elections commission confirmed it had received $3m from the Trump campaign for the partial recount.A full recount would reportedly have cost nearly $8m. Trump continues to seek donations for recount efforts, though it has been widely reported that much such money is being used to pay off campaign debt and to stoke a political action committee formed to tighten Trump’s grip on the Republican party after he is obliged to leave the White House in January.Trump’s claims of widespread election fraud have been rubbished by officials from both parties and mainstream observers, as all moves to stall Biden’s march to victory have failed.In Michigan, Republican officials backed down amid cries of outrageous racism after threatening to block certification of results in Wayne county, the large, majority African American county that incorporates Detroit. Trump praised their blocking attempt on Twitter.After an election race is called for a projected winner in a state, such as by the Associated Press, results still have to be officially certified by state officials.Biden won Michigan by around 346,000 votes.Dave Wasserman, US House editor of the non-partisan Cook Political Report, said: “It’s time to start calling baseless conspiracies what they are: libellous attacks on the 500,000-plus heroic poll workers and election administrators in every corner of the US who pulled off a successful election amid record-shattering turnout and a global pandemic.”Reverberations also continued from the president’s decision to fire Krebs, one of his own federal appointees.In a statement last week, Cisa, Krebs’s agency, said: “The 3 November election was the most secure in American history. There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”In his tweet firing Krebs, Trump claimed the statement was “highly inaccurate”.Schiff, the Democratic House intelligence committee chair, called the firing “pathetic and predictable from a president who views truth as his enemy”.Angus King, an independent Maine senator, said: “By firing [Krebs] for doing his job, President Trump is harming all Americans.”Krebs said: “Honored to serve. We did it right. Defend Today, Secure Tomorrow. #Protect2020” More