The Atrocious Benghazi Hearing

Hillary Clinton @ Hearing
Hillary Clinton @ Hearing

Yesterday I watched the opening and the closing of the hearing held by the House Select Committee on Benghazi to interrogate former Secretary of State Hillary Clinton. I could not watch any more because of my disgust at the conduct of the Committee members, both Republicans and Democrats.[1]

As a retired lawyer, I kept wanting to say that most of the questions were objectionable as argumentative, assume facts not in evidence, multiple, irrelevant or repetitive.

If I had been in the witness chair, I would have wanted to scream in protest.

Yes, I know that a congressional hearing is not in charge of a judge to rule on objections. I know that not all Congressmen and women have legal education and experience. I know that even those who have that education and experience do not use it. I know that such hearings are not designed to gain admissible evidence, but instead are opportunities for Congressional Representatives to show off to certain constituencies.

The whole process is disgusting and atrocious.

I am a Democrat who had been hoping to be able to support Joe Biden for president in 2016. With his refusal to run, I am now a backer of Hillary.

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[1] E.g., Shear & Schmidt, At Benghazi Hearing, Shouting Match Over Hillary Clinton’s Emails, N.Y. times (Oct. 22, 2015).

 

President Obama’s Lack of Comments About Cuba During His Reelection Campaign of 2012

 

In light of President Barack Obama’s historic December 17, 2014, announcement of rapprochement with Cuba, it is interesting to examine Obama’s earlier statements about Cuba. Prior posts examined his campaign for the Democratic presidential nomination in 2007-2008; his campaign for the presidency as the Democratic Party’s nominee in 2008; and his first presidential term, 2009-2013. Now we examine his presidential reelection campaign of 2012.[1] A subsequent post will examine his second presidential term (up to the December 17, 2014, announcement), 2013-2014.

On April 4, 2011, Obama had an unusual way of formally announcing he would be running for reelection in 2012. He did so with an understated two-minute Internet video titled “It Begins With Us,” which features his supporters talking about the need to re-elect him and in which he does not appear. No mention of Cuba was made.

As the incumbent president, Obama secured the Democratic nomination with no serious opposition at its national convention in Charlotte, North Carolina. On September 5, 2012, he was re-nominated, and the following night he accepted the nomination. In his acceptance speech he said the election “will be a choice between two different paths for America, a choice between two fundamentally different visions for the future. Ours is a fight to restore the values that built the largest middle class and the strongest economy the world has ever known.”

Obama in his acceptance speech asked all citizens “to rally around a set of goals for your country, goals in manufacturing, energy, education, national security and the deficit, real, achievable plans that will lead to new jobs, more opportunity and rebuild this economy on a stronger foundation. That’s what we can do in the next four years, and that is why I am running for a second term as president of the United State.” Obama also talked about various problems around the world, but made no mention of Cuba.

His Republican opponent, Mitt Romney, previously had been nominated at its national convention on August 28 with his acceptance on August 30.

The campaigns focused heavily on domestic issues: debate centered largely around sound responses to the Great Recession in terms of economic recovery and job creation. Other issues included long-term federal budget issues, the future of social insurance programs, and the Affordable Care ActForeign policy was also discussed including the phase-out of the Iraq War, the size of and spending on the military, preventing Iran from obtaining nuclear weapons, and appropriate counteractions to terrorism.

The two main presidential candidates held three debates, all in October (3rd, 16th and 22nd).

In the first debate on October 3 the candidates “quarreled aggressively over tax policy, the budget deficit and the role of government, with each man accusing the other of being evasive and misleading voters.” Romney, for example, accused Obama of failing to lead the country out of the deepest economic downturn since the Great Depression of the 1930’s while Obama implored Americans to be patient. On a basic level it was a clash of two ideologies, the president’s Democratic vision of government playing a supporting role in spurring economic growth, and Mr. Romney’s Republican vision that government should get out of the way of businesses that know best how to create jobs.” There was practically no mention of foreign issues, and not a word about Cuba.

The second debate on October 16 again dealt primarily with domestic affairs, including taxes, unemployment, job creation, the national debt, energy and energy independence, women’s rights and immigration. But this debate also touched on foreign policy, especially the then recent attack on the U.S. consulate in Benghazi, Libya. Again, no mention of Cuba.

The last debate on October 22 was to be devoted to foreign policy, and it did have discussions about the attack on Benghazi, Iran’s nuclear program, the Arab Spring, the Syrian civil war, relations with Israel and Pakistan, the War on Terror, the withdrawal of U.S. troops from Afghanistan, the size and scope of the U.S. military, and relations and trade with China. There also were further comments about domestic policy issues, such as job creation, the federal deficit and education. Again, there was no mention of Cuba.

On November 6, 2012, Obama was re-elected for his second term as President of the United States. He won 65,916,000 popular votes (51.1%) and 332 electoral votes to Romney/Ryan’s 60,934,000 (47.2%) and 206 electoral votes. Nationally the Democratic ticket overwhelmingly won the Hispanic vote, 71% to 27% for the Republicans. Obama and Biden also won the key state of Florida, 50.0% versus 49.1% for Romney and Ryan, with nearly 50% of the state’s Cuban-Americans going for the Obama ticket.

In his victory speech in Chicago, President Obama proclaimed, “Tonight, in this election, you, the American people, reminded us that while our road has been hard, while our journey has been long, we have picked ourselves up, we have fought our way back, and we know in our hearts that for the United States of America, the best is yet to come.”

Conclusion

 Unless it was due to my limited research, there was no mention of U.S. policy regarding Cuba during this presidential election. This is not too surprising in light of the primacy of domestic economic issues in 2012, the problems in the Middle East and the Administration’s apparent lack of attention to Cuba since Cuba’s arrest of Alan Gross in December 2009 and its subsequent conviction and imprisonment of Gross.

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[1] This post and the subsequent posts about Obama’s prior statements about Cuba are not based upon comprehensive research. The primary research tool was online searching of the New York Times for articles mentioning “Obama and Cuba” for the relevant time period. Therefore, this blogger especially welcomes comments with corrections and additions. Ultimately after public release of many Obama Administration documents after the completion of his presidency, scholars will undertake a detailed examination of those documents and provide their assessments of his record regarding Cuba. This post is based upon the following: Shear, Obama Begins re-Election Facing New Political Challenges, N.Y. Times (April 4, 2011) President Obama’s Full Remarks From the Democratic National Convention, N.Y. Times (Sept. 6, 2012); Zeleny & Rutenberg, Obama and Rommey, in First Debate, Spar Over Fixing the Economy, N.Y. Times (Oct. 3, 2012); Baker, A Clash of Philosophies, N.Y. Times (Oct. 4, 2012); Transcript of the Last Debate, N.Y. Times (Oct. 22, 2012); Baker & Cooper, Sparring Over Foreign Policy, Obama Goes on the Offensive, N.Y. Times (Oct. 22, 2012); President Obama’s Election Night Speech, N.Y. Times (Nov. 7, 2012); Wikipedia, 2012 Democratic National Convention; Wikipedia, Barack Obama presidential campaign, 2012; Wikipedia, 2012 Republican National Convention; Wikipedia, United States presidential election debates, 2012; Wikipedia, United States presidential election, 2012; Jonathan Alter, The Center Holds: Obama and His Enemies (Simon & Schuster; New York; 2013); Daniel Belz, Collision 2012: Obama vs. Romney and the future of elections in America (Viking; New York; 2013).

The Importance of Protecting Foreign Diplomats and Diplomatic Missions

People who are the full-time representatives of their home countries in foreign countries fulfill important responsibilities. They represent the policies and interests of their own governments and peoples to the governments and peoples of the foreign countries. They gather information about the policies and interests of the foreign governments and peoples and report that information to the diplomats’ own governments. They also make recommendations on policies to their own governments. They do all of this on foreign soil without the protections of their own governments.[1]

International Law Regarding Protection of Foreign Diplomats and Missions

All states need such diplomatic presences in other countries and hence have a common interest in having their diplomats and diplomatic premises protected by the foreign governments. Indeed, as preamble to the Vienna Convention on Diplomatic Relations state, having a treaty setting forth such protections “contribute[s] to the development of friendly relations among nations, irrespective of their differing constitutional and social systems” and hence to “the maintenance of international peace and security” under the U.N. Charter.

These common interests have existed for a long time and were the motivation for the well established international practice and custom of providing special protection and immunity from criminal jurisdiction for ambassadors. By the time of the Congress of Westphalia in 1648, permanent legations were accepted as the normal way of conducting international business among sovereign States, and over the next century detailed rules emerged in relation to the immunity of ambassadors and their accompanying families and staff from civil as well as criminal proceedings, the inviolability of their embassy premises and their exemption from customs duties and from taxes. These rules of customary international law were described in detail by early writers such as Grotius (1625), Bynkershoek (1721) and Vattel (1758).

The first international treaty or other instrument codifying any aspect of diplomatic law was the Regulation adopted by the Congress of Vienna in 1815. Codification among States of immunities and privileges of diplomatic agents did not begin until the Havana Convention of 1928 drawn up among the States of the Pan-American Union and the Draft Convention drawn up in 1932 by the Harvard Research in International Law.

After the establishment of the United Nations in 1945, efforts to develop a comprehensive multilateral treaty on diplomatic relations began. The initial draft of such a treaty was produced in 1957, and its 1958 revision was the basis for the U.N. Conference on Diplomatic Intercourse and Immunities in Vienna, Austria in March and April of 1961. On April 18, 1961, this Conference concluded with the signing of the Convention on Diplomatic Relations, which entered into force on April 24, 1964, after 22 states had ratified the treaty.

Now 187 of the 193 members of the U.N. are parties to this treaty. Its success may be ascribed first to the fact that the central rules regulating diplomatic relations had been stable for over 200 years. An embassy’s basic functions of representing the sending State and protecting its interests and those of its nationals, negotiation with the receiving State, observing and reporting on conditions and developments there remained and still remain unaltered. In addition, because the establishment of diplomatic relations and of permanent missions takes place by mutual consent, every State is both a sending and receiving State. Its own representatives abroad are in a sense hostages who may on a basis of reciprocity suffer if it violates the rules of diplomatic immunity, or may be penalized even for minor restrictions regarding privileges or protocol.

Article 22(2) of the Vienna Convention states, “The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.” In addition, Article 29 provides, “The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.”

Recent Breaches of International Law Regarding Protection of Diplomats and Diplomatic Missions

The recent horrific attacks on U.S. diplomatic posts throughout the world, especially the attack on the U.S. Consulate in Benghazi, Libya and the murder of U.S. Ambassador J. Christopher (“Chris”) Stevens and three other U.S. citizens, are stark examples of the dangers facing all diplomats throughout history.

These attacks also represent breaches by many states of their important international legal obligation “to take all appropriate steps to protect the premises of the mission” and “to prevent any attack on [“the head of the mission or a member of the diplomatic staff of the mission”‘s ] . . . person, freedom or dignity.”

Ecuador’s Specious Allegation of the U.K.’s Breach of These Legal Obligations

These deplorable breaches also, in my opinion, show the utter speciousness of Ecuador’s complaint about the alleged failure of the United Kingdom to honor its important obligation with respect to the Ecuadorian Embassy in London after Ecuador had granted temporary lodgings, and subsequent diplomatic asylum, to Julian Assange.

Dispassionate analysis of the U.K.’s alleged written threat to invade the Embassy shows this not to be the case, as discussed in a prior post.

In addition, there were British police outside the Ecuadorian Embassy, but they were there to protect the Embassy and to arrest Assange if he tried to leave the Embassy. After all Assange had violated the terms of his bail by a British court by leaving a specific place west of London and surreptitiously entering the Embassy in order to avoid being arrested pursuant to a European Arrest Warrant to be sent to Sweden for investigations for his alleged criminal sexual conduct. In short, Assange was a fugitive from justice. Moreover, British police or other authorities never came close to entering the Ecuadorian Embassy. And no Ecuadorian diplomatic personnel were injured or even threatened.

By the way, negotiations between Ecuador and the U.K. to resolve their disputes over Assange apparently are deadlocked.


[1]  The many duties of diplomatic personnel and the dangers they face were well stated on Minnesota Public Radio’s “The Daily Circuit” by Ronald E. Neuman, President of the American Academy of Diplomacy and a former U.S. Ambassador to Afghanistan, Algeria, and Bahrain.