Pandemic Journal (# 17): More Demonstrations of Trump’s Incompetence

Pandemic Journal (# 11) set forth at least some of the reasons why, in my opinion, Donald Trump is utterly incompetent as president. Every day seems to bring more proof for that conclusion, and I prefer to avoid documenting those reasons so that I have time to do something more personally enriching.

However, two recent incidents are so outrageous that I cannot let them go without adding them to his many sins.

 Trump’s Interview in the Lincoln Memorial[1]

On Sunday, May 3, Trump arranged to have his interview by two Fox News anchors (Bret Baier and Martha MacCallum) televised from the Lincoln Memorial in Washington, D.C.

During the interview, the President said the death toll from the coronavirus pandemic may reach as high as 100,000, which was twice as high as he had forecast only two weeks ago. He also claimed that his efforts had prevented that total  from reaching “a million two, a million four, a million five, that’s the minimum. We would have lost probably higher, it’s possible higher than 2.2million.” Nevertheless, the President said he favored lifting the stay-at-home orders and other restrictions.

While he admitted he had been warned about the virus on January 23, he said it was presented as “not a big deal.”  A week later, on January 30, he decided to block entry to the U.S. by most foreign nationals coming from China, but he said that was not caused by the earlier warning.

“I am greeted with a hostile press the likes of which no president has ever seen. The closest would be that gentleman right up there. They always said Lincoln – nobody got treated worse than Lincoln. I believe I am treated worse.”

Max Boot, an historian, best-selling author, foreign policy analyst and Washington Post columnist, places this Trump interview in a broader context. Boot observes, “We are in the midst of a once-in-a century crisis, with death totals having already exceeded the number of Americans killed during the Vietnam War and unemployment numbers approaching Great Depression levels. We are desperate for leadership of the kind provided by Abraham Lincoln and Franklin D. Roosevelt. We need a president who will empathize with an ailing nation while explaining why the current sacrifice is necessary on the road to victory.”

Instead, says Boot, “we have a president who threw a pity party for himself at the Lincoln Memorial, claiming he is ‘treated worse’ than a president who was assassinated. The Civil War leader whom Trump resembles is not the resolute Lincoln but the failed Gen. George McClellan — who was indecisive, conceited and intolerant of criticism.”

Dana Milbank, another Washington Post columnist, agrees. He says, “Only a man of Trump’s peculiar sense of victimhood could believe that he has been “treated worse” than a predecessor killed by an assassin’s bullet. And a review of press criticism of Lincoln confirms, as expected, that Trump’s self-pity is as silly as it sounds.”

In response to criticism about holding the interview in the Lincoln Memorial that his aides had arranged by getting the Secretary of Interior to waive a rule against political events inside the Memorial, Trump even said that this location was Fox’s choice, not his.

 Trump’s Response to President George W. Bush[2]

On May 2, former President George W. Bush’s three-minute videotaped segment was presented on TV as part of a 24-hour live-streamed “The Call to Unite” that also featured former President Bill Clinton, Oprah Winfrey, Tim Shriver, Julia Roberts. Martin Luther King III, Sean Combs, Quincy Jones, Naomi Judd, Andrew Yang and others.

Mr. Bush said, in part, “Let us remember how small our differences are in the face of this shared threat,” while in the background were music and photographs of medical workers helping victims of the virus and of ordinary Americans wearing masks. Bush then concluded, “In the final analysis, we are not partisan combatants. We are human beings, equally vulnerable and equally wonderful in the sight of God. We rise or fall together and we are determined to rise.” He did not mention President Trump.

Early the next morning, Trump fired off a tweet. First, he paraphrased a Fox News personality as saying, “Oh by the way, I appreciate the message from former President Bush, but where was he during Impeachment calling for putting partisanship aside.” Then Trump added, “He was nowhere to be found in speaking up against the greatest Hoax in American history!”

A Washington Post columnist, David Von Drehle, violated his own rule for not commenting on Trump’s Twitter comments by doing so for this one because it was “so nakedly revealing of its author’s values and character.” This Trump Tweet “embraced and simplified the idea that Bush’s remarks should properly be viewed through the prism of Trump’s political fortunes. . . . No doubt the president’s florid narcissism explains part of this reaction . . . . As the only noteworthy occupant of his own psychological state, Trump seems to think everything is about him. . . . Yet here, a plea for national unity [by a former president] is the occasion for a presidential rebuke. The only sensible explanation: the president has no interest in unity. . . . Bush’s statement hit Trump like an indictment. He knows that unifying the public is not on his agenda. He has no interest in bringing us together.”

Drehle concludes, “Our life-or-death struggle with a new disease has become, for Trump, just another chance to divide the country, to leverage resentments, to fuel suspicion, to antagonize his critics — in the slim hope that he’ll galvanize his supporters while demoralizing the opposition. That’s why he thinks the Bush statement is about him.”

More General Criticism of Trump[3]

Thomas Edsall, a New York Times columnist and a full-time member of the faculty at Columbia University Journalism School, quoted the following observations about Trump from prominent academics:

  • Stephen Walt, a professor of international affairs at Harvard, said that Trump has responded “to the [coronavirus] crisis with his now-familiar playbook: blaming others, denying responsibility, invoking racial differences and ‘foreign’ dangers, and trying to discredit honest reporting so that he can sell a false narrative about the great job he’s doing.”
  • Mira Rapp-Hooper, senior fellow for Asia Studies at the Council on Foreign Relations, wrote, “The U.S. government’s pandemic leadership has been its own special brand of catastrophe. The American president denied the threat, rejected scientific expertise, spread misinformation, and left state and local governments to fend for themselves in public trust violations of the highest order. With shambolic self-governance, the U.S. government has placed its own citizens in unnecessary peril, while sidelining itself from acting as a global crisis leader in a way that is unprecedented in the last seven decades. China is all too happy to fill the vacuum.”

As noted in a previous post, George Conway and several other prominent Republicans have formed a group (The Lincoln Project) to defeat Trump’s re-election this November. Conway recently reported that Trump had responded to this group in an early morning Tweet on May 5, attacking the members of this Project as “‘LOSERS,’ ‘loser types,’ ‘crazed” and ‘a disgrace to Honest Abe.’ About me, he said, ‘I don’t know what Kellyanne [Conway, a Trump aide] did to her deranged loser of a husband, Moonface, but it must have been really bad.”

This latest example of Trump’s outbursts prompted George Conway to say, “Now, it’s more obvious than ever. Trump’s narcissism deadens any ability he might otherwise have had to carry out the duties of a president in the manner the Constitution requires. He’s so self-obsessed, he can only act for himself, not for the nation. It’s why he was impeached, and why he should have been removed from office.”

“And it’s why he reacts with such rage. He fears the truth. He fears being revealed for what he truly is. Extreme narcissists exaggerate their achievements and talents, and so Trump has spent his life building up a false image of himself — not just for others, but for himself, to protect his deeply fragile ego. He lies endlessly, not just in the way sociopaths do, which is to con others, but also to delude himself. He claims to be a ‘genius,’ even though he apparently can’t spellcan’t punctuatecan’t do math and lacks geographic literacy, and even though his own appointees have privately called him a ‘moron,’ an ‘idiot,’ a ‘dope,’ and ‘dumb.’  Now, God help us, he fancies himself an expert in virology and infectious diseases.”

George Conway concluded, “Trump’s lying, his self-regard, his self-soothing, his lack of empathy, his narcissistic rage, his contempt for norms, rules, laws, facts and simple truths — have all come home to roost. Now he sees his poll numbers fall accordingly, and lashes out with ever-increasing anger. For deep in his psyche he knows the truth. Because he fears being revealed as a fake or deranged, he’ll call others fake or deranged. Because he fears losing, he’ll call them losers instead.”

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[1] Rogers, Most Events in the Lincoln Memorial Are Banned. Trump Got an Exception, N.Y. Times (May 4, 2020); Baker, Trump foresees Virus Death Toll as high as 100,000 in the United States, N.Y. Times (May 3, 2020); Wolfe, Dishonest Don’s Lincoln backdrop highlights his monumental errors, Guardian (May 6, 2020); Boot, Trump’s dithering proves one thing: We’re at war without a leader, Wash. Post (May 5, 2020); Milbank, ’I believe I am treated worse.’ Trump says. As if, Wash. Post (May 5, 2020).

[2] Baker, George W. Bush Calls for End to Pandemic Partisanship, N.Y. Times (May 3, 2020); Von Drehle, I usually ignore all Trump’s tweets. Not this one, Wash. Post (May 5, 2020).

[3] Edsall, Why Isn’t Trump Riding High? N.Y. Times (May 6, 2020); George Conway, George Conway: Trump went ballistic at me on Twitter. Here’s why he reacts with such rage, Wash. Post (May 6, 2020).

 

 

Prominent Republicans Unite To Defeat Donald Trump’s Re-election

 Eight prominent Republicans have formed The Lincoln Project to hold “accountable those who would violate their oaths to the Constitution and would put others before Americans.” Their mission is to “defeat President Trump and Trumpism at the ballot box.” This mission is explained in its website and a Washington Post article, which are discussed below along with information about these prominent Republicans.

The Lincoln Project’s Website[1]

Like President Abraham Lincoln during the Civil War, “Today, we find ourselves divided again – sectionalism in the country and factionalism in government has led to ever uglier examples of how our political system is failing. President Donald Trump and those who sign onto Trumpism are a clear and present danger to the Constitution and our Republic. Only defeating so polarizing a character as Trump will allow the country to heal its political and psychological wounds and allow for a new, better path forward for all Americans.”

The Project’s Advisors  say they “do not undertake this task lightly nor from ideological preference. Our many policy differences with national Democrats remain. However, the priority for all patriotic Americans must be a shared fidelity to the Constitution and a commitment to defeat those candidates who have abandoned their constitutional oaths, regardless of party. Electing Democrats who support the Constitution over Republicans who do not is a worthy effort.”

Their Washington Post Article[2]

The article states, “This November, Americans will cast their most consequential votes since Abraham Lincoln’s reelection in 1864. We confront a constellation of crises: a public health emergency not seen in a century, an economic collapse set to rival the Great Depression, and a world where American leadership is absent and dangers rise in the vacuum.” It then criticises President Trump and praised Joe Biden, the presumptive Democratic presidential nominee.

Criticism of President Trump

“Today, the United States is beset with a president who was unprepared for the burden of the presidency and who has made plain his deficits in leadership, management, intelligence and morality.”

“For Trump, the presidency has been the biggest stage, under the hottest klieg lights in a reality show of his making. Every episode leaves the audience more shocked and divided. Trump’s only barometer is his own ego. The country, our values and its people do not factor into Trump’s equation”

“The coronavirus crisis is a terrifying example of why real leadership looks outward. This crisis, the deaths and economic destruction are immeasurably worse because Trump and his administration were unwilling to do what was necessary to mitigate its worst effects and bring the country back as quickly as possible.”

“We’ve seen the damage three years of corruption and cultish amateurism can do. This country cannot afford to be torn apart for sport and profit for another term, as Trump will surely do.”

“We are in a transcendent and transformative period of American history. The nation cannot afford another four years of chaos, duplicity and Trump’s reality distortion. This country is crying out for a president with a spine stiffened by tragedy, a worldview shaped by experience and a heart whose compass points to decency.”

Praise for Joe Biden

“Biden is now the presumptive Democratic nominee and he has our support. Biden has the experience, the attributes and the character to defeat Trump this fall. Unlike Trump, for whom the presidency is just one more opportunity to perfect his narcissism and self-aggrandizement, Biden sees public service as an opportunity to do right by the American people and a privilege to do so.”

“Biden is a reflection of the United States. Born into a middle-class family in coal-country Pennsylvania, he has known the hardship and heartbreak that so many Americans themselves know and that millions more are about to experience.”

“Biden’s personal tragedies and losses tested his strength, his faith and his determination. They were enough to crush most people’s spirit, but Biden emerged more compassionate toward the suffering of others and the burdens that life imposes on his fellow Americans.”

“Biden did what Americans have always done: picked himself up, dusted himself off and made the best of a bad situation. In the years since he first entered office, Biden has consistently demonstrated decency, empathy and humanity.”

“Biden’s life has been marked by triumphs that didn’t change the goodness in him, and he is a man for whom public service never went to his head. His long record of bipartisan friendship and cross-partisan legislative efforts commends him to this moment. He is an imperfect man, but a man who loves his country and its people with a broad smile and an open heart.”

“Biden understands a tenet of leadership that far too few leaders today grasp: The presidency is a life-and-death business, that the consequences of elections have real-world effects on individual Americans, and that all of this — all of the struggle, toil and work — is not a zero-sum game.”We asked ourselves: How would a Biden presidency handle this [coronavirus] crisis? Would he spend weeks lying about the risk? Would he look to cable news, the stock market and his ratings before taking the steps to make us safer? The answer is obvious: Biden will be the superior leader during the crisis of our generation.”

 The Lincoln Project’s Advisors

The prominent Republicans behind this Project are the following:

  • George Conway III, “a lawyer in New York City and a founding member of , a group of conservative and libertarian lawyers organized to defend the rule of law.”
  • Reed Galen, “an independent political strategist [who] left the Republican Party in 2016 and has spent the last three years dedicated to the political reform movement, creating a better system for all voters.”
  • Jennifer Horn, “a communications strategist and former Chairman of the NH Republican Party [who] was the first Republican woman in New Hampshire nominated for Federal office.”
  • Mike Madrid, “a Republican strategist and former political director of the California Republican Party [who] serves as a senior advisor to the California Latino Economic Institute.”
  • Steve Schmidt, “a national political strategist [who] previously worked for President George W. Bush, Senator John McCain and Governor Arnold Schwarzenegger.”
  • Ron Steslow, “a brand and marketing strategist and independent political consultant [who after] leaving the GOP in 2016,. . . has worked to put voters first in our political system.”
  • John Weaver, “a national political strategist [who] worked for President George H.W. Bush, Senator John McCain and Ohio Governor John Kasich.”
  • Rick Wilson, “a long time Republican media consultant and author of the New York Times bestselling book, “Everything Trump Touches Dies.”

Conclusion

These eight individuals deserve our nation’s applause. This blog already has set forth its opinion that the COVID-19 pandemic has proved the incompetence of President Trump and the need for his defeat in the November presidential election.[3]

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[1] The Lincoln Project.

[2] Conway, Galen, Schmidt, Weaver & Wilson, We’ve never backed a Democrat for president. But Trump must be defeated, Wash. Post (April 15, 2020).

[3] Pandemic Journal (# 11): Pandemic Proves Trump’s Incompetence, dwkcommentaries.com (April 14, 2020).

 

Langston Hughes’ Poem Sung at Minneapolis Westminster Church

On Martin L. King, Jr. Sunday (January 15) Cantus, a male vocal ensemble, sang ‘America Will Be!” as the Offertory Anthem at Minneapolis’ Westminster Presbyterian Church.

The text of the anthem was Langston Hughes’ powerful poem, “Let America Be America Again” with music by Paul J. Ridoi, composer and a tenor vocalist with Cantus.[1]

Afterwards I discovered the actual title of the poem, retrieved and read and re-read the words of the poem and conducted Internet research about the poem and Hughes and after reflection came to powerful conclusions about the poem.

Langston Hughes
Langston Hughes

First, Hughes (1902-1967), an African-American, was a poet, novelist and author and an important participant in the Harlem Renaissance in the 1920s. He flirted with communism, but never became a member of the Party, and as a result in the 1950’s was subpoenaed by a Senate committee led by Joseph McCarthy, which was portrayed in a play at Minneapolis’ Guthrie Theater.[2]

Second, the poem was written in 1935 in the midst of The Great Depression and originally published in the July 1936 issue of Esquire Magazine.

As another commentator said, the poem speaks of the American dream that never existed for blacks and lower-class Americans and the freedom and equality that they and every immigrant hoped for but never achieved. The poem besides criticizing their unfair life in America conveys a sense of hope or call to action to make the American Dream soon come.[3]

Third, the actual text of the poem is the following:

“Let America be America again.
Let it be the dream it used to be.
Let it be the pioneer on the plain
Seeking a home where he himself is free.

(America never was America to me.)

Let America be the dream the dreamers dreamed–
Let it be that great strong land of love
Where never kings connive nor tyrants scheme
That any man be crushed by one above.

(It never was America to me.)

O, let my land be a land where Liberty
Is crowned with no false patriotic wreath,
But opportunity is real, and life is free,
Equality is in the air we breathe.

(There’s never been equality for me,
Nor freedom in this ‘homeland of the free.’)

Say, who are you that mumbles in the dark?
And who are you that draws your veil across the stars?

I am the poor white, fooled and pushed apart,
I am the Negro bearing slavery’s scars.
I am the red man driven from the land,
I am the immigrant clutching the hope I seek–
And finding only the same old stupid plan
Of dog eat dog, of mighty crush the weak.

I am the young man, full of strength and hope,
Tangled in that ancient endless chain
Of profit, power, gain, of grab the land!
Of grab the gold! Of grab the ways of satisfying need!
Of work the men! Of take the pay!
Of owning everything for one’s own greed!

I am the farmer, bondsman to the soil.
I am the worker sold to the machine.
I am the Negro, servant to you all.
I am the people, humble, hungry, mean–
Hungry yet today despite the dream.
Beaten yet today–O, Pioneers!
I am the man who never got ahead,
The poorest worker bartered through the years.

Yet I’m the one who dreamt our basic dream
In the Old World while still a serf of kings,
Who dreamt a dream so strong, so brave, so true,
That even yet its mighty daring sings
In every brick and stone, in every furrow turned
That’s made America the land it has become.
O, I’m the man who sailed those early seas
In search of what I meant to be my home–
For I’m the one who left dark Ireland’s shore,
And Poland’s plain, and England’s grassy lea,
And torn from Black Africa’s strand I came
To build a “homeland of the free.”

The free?

Who said the free? Not me?
Surely not me? The millions on relief today?
The millions shot down when we strike?
The millions who have nothing for our pay?
For all the dreams we’ve dreamed
And all the songs we’ve sung
And all the hopes we’ve held
And all the flags we’ve hung,
The millions who have nothing for our pay–
Except the dream that’s almost dead today.

O, let America be America again–
The land that never has been yet–
And yet must be–the land where every man is free.
The land that’s mine–the poor man’s, Indian’s, Negro’s, ME–
Who made America,
Whose sweat and blood, whose faith and pain,
Whose hand at the foundry, whose plow in the rain,
Must bring back our mighty dream again.

Sure, call me any ugly name you choose–
The steel of freedom does not stain.
From those who live like leeches on the people’s lives,
We must take back our land again,
America!

O, yes,
I say it plain,
America never was America to me,
And yet I swear this oath–
America will be!

Out of the rack and ruin of our gangster death,
The rape and rot of graft, and stealth, and lies,
We, the people, must redeem
The land, the mines, the plants, the rivers.
The mountains and the endless plain–
All, all the stretch of these great green states–
And make America again!”

Fourth, the poem’s first three stanzas (minus the first three parenthetical statements) open with a common statement of the American Dream. But it soon becomes apparent the poet speaks for those who are left out of that Dream.

That certainly includes all members of his own race—blacks– who have been repressed and disadvantaged by the Great Depression: “American never was America to me . . . It never was America for me . . . There’s never been equality for me, Nor freedom in this ‘homeland of the free,’ . . . I am the Negro bearing slavery’s scars, . . . I am the Negro, servant to you all . . . And torn from Black Africa’s strand I came . . . The land that’s mine–… Negro’s, ME.”

But the poet also speaks for others who are similarly repressed and disadvantaged—(a) “I am the poor white, fooled and pushed apart;” (b) “I am the red man driven from the land;” (c) “I am the immigrant clutching the hope I seek;” (d) “I am the young man, full of strength and hope, Tangled in that endless chain Of profit, power, pain, of grab the Land! Of grab the gold! Of grab the ways of satisfying need! Of work the men! Of take the pay! Of owning everything for one’s own greed!” (e) I am the farmer, bondsman to the soil;” (f) “I am the worker sold to the machine.” (g) “I am the people, humble, hungry, mean—Hungry yet today despite the dream. Beaten yet today;” (h) “I am the man who never got ahead, The poorest worker bartered through the years;” (i) “I’m the one who left dark Ireland’s shore, And Poland’s plain, and England’s grassy lea;” (j) one of “the millions on relief today, the millions shot down when we strike, the millions who have nothing for our pay;” and (k) “the land That’s mine—the poor man’s, Indian’s.”

Yet all of these now repressed and disadvantaged people are the ones “who dreamt our basic dream . . . to build a ‘homeland of the free. . . who “made America.”

The poem’s opening lines by using the passive verb “let” suggests that the desired changes in America will just happen by some outside forces. The concluding lines of the poem, however, reject that interpretation and instead become a call to action by the repressed and disadvantaged: who “Must bring back our mighty dream again . . . We must take back our land again, America! . . . And yet I swear this oath—America will be! . . . We the people must redeem The land, the mines, the plants, the rivers. The mountains and the endless plain—All, all the stretch of those great green states—And make America great again!”

I especially invite comments from those who have studied Hughes’ life and works more extensively than I have.

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[1] The bulletin for the service and a video recording of the service are online.

[2] Langston Hughes BiographyLangston Hughes, Wikipedia; U.S. Senator Joseph McCarthy Encounters Langston Hughes at Minneapolis’ Guthrie Theater, dwkcommentaries.com (May 13, 2012).

[3] Poem, Let America Be America Again, PoemHunter.com; Let America be America Again, Wikipedia. The title of this poem was used in a 2004 presidential campaign song by John Kerry, then a U.S. Senator. I will resist the temptation to wonder whether Donald Trump’s incessant campaign slogan “Make America Great Again” was drawn from this poem. I doubt it, and Hughes, I am confident, would be appalled at any such use of his words.

 

 

Does Cuba Have a Right To Terminate the U.S. Lease of Guantanamo Bay?

Whether Cuba has a legal right to terminate its lease of Guantanamo Bay to the U.S. is an important issue that has been addressed by Michael J. Strauss, an expert in international relations with a specialty in territorial leases by states. [1] A prior post referred to his 2013 article that touched on this topic, and this post is based upon his more extensive discussion of the issue in his 2009 book and a 2014 article. His book also helps clarify the history regarding the amount of the rent charged to the U.S. under the lease. [2]

Does Cuba have a legal right to terminate the lease?

As the lease does not grant Cuba an express right of termination and as there has been no decision by a court or arbitrator on the validity of any other purported termination right, no definitive answer can be given as to whether Cuba has a legal right to terminate the lease. At least the following four theories have been suggested for such a result.

First, after the Revolution, Cuba asserted that the lease was perpetual and, therefore, invalid. For example, a 1970 book by the Cuban Ministry of Foreign Affairs asserted, “The contract for the lease in perpetuity . . . lacks existence and juridical validity because it is faulty in its essential elements: a) radical incapacity of the government of Cuba to cede a piece of national territory in perpetuity; b) for the same reason, the object and the reason are illegal; c) consent was wrested through irresistible and unjust moral violence.” (Book at 104, 171.)

Strauss, however, rejects the notion that the lease is perpetual. As noted in the prior post, the lease does not have a set termination date, unlike most U.S. leases (commercial and residential) and most leases “at the state level” (or “are otherwise open to termination by various means”). (Book at 106.) The absence of a termination date, however, does not mean that the lease is perpetual as most perpetual “leases [at the state level] . . . tend to explicitly [so] specify.” (Book at 107.)

Moreover, “the lease has had clearly stated conditions by which it can be ended.” The original 1903 lease was for “the time required for the purposes of [U.S.] coaling and naval stations.” And the 1934 treaty, reconfirming the lease, provided that it could be terminated by U.S. abandonment of Guantanamo Bay or by mutual agreement. (Book at 108, 215, 233.)

In addition, on two occasions after the Cuban Revolution, the U.S. has considered terminating the lease. One was in U.S. internal discussions about ways to resolve the Cuban Missile Crisis of 1962, but that idea was rejected internally and not publicly disclosed. (Book at 109-12.) The second was the idea’s incorporation in section 201 of the Helms-Burton (Libertad) Act of 1996 requiring the U.S. in order to provide assistance to a hoped-for free and independent Cuba to “be prepared to enter into negotiations . . . to return the [U.S.] Naval Base at Guantanamo to Cuba or to renegotiate the present agreement under mutually agreeable terms.” (Book at 112-14, 249-50.)

A second legal theory for Cuba’s termination of the lease is a fundamental change in circumstances (rebus sic stantibus) from the lease’s negotiation and signing in 1903 to today. This theory is covered by Article 62 of the Vienna Convention on the Law of Treaties and was discussed in the prior post. Strauss discusses the views on this issue by international legal scholars and notes the reluctance of international tribunals to invoke this ground. Another difficulty with this theory is the passage of time (over 112 years). As a result, Strauss does not see it as a winning approach for Cuba. (Book at 114-19.) Related to this theory is the 1970 argument by Cuba that the purpose of the lease had ceased to exist: the purpose of the 1903 lease (enable the U.S. to maintain Cuba’s independence and protect its people) was negated by the 1934 treaty’s emphasis on friendly relations between the two countries and that treaty’s purpose was negated by the hostile relations after the Cuban Revolution. (Book at 171.)

A third legal theory, also discussed in the prior post, would be the argument that the lease was procured by “the threat of force or use of force in violation of the principles of international law embodied in the [U.N.] Charter” under Article 52 of said Vienna Convention. That Convention, however, provides in Article 4 that it can be used only by states that are parties to the Convention and only after they became parties, and Cuba became such a party on September 9, 1998. Moreover, the U.N. was not in existence when the lease was signed in 1903. Nor, says Strauss, has “a new peremptory norm of general international law emerged” on this issue that could be a basis for a Cuban claim of a right to terminate the lease. (Book at 119-21.) This theory was put forward in 1970 as part of an argument advanced in a book by Cuba’s Foreign Ministry. (Book at 171.)

The fourth legal theory for a Cuban claim to a right to terminate would be based on alleged U.S. breach of the lease. This is covered by Article 60 of said Vienna Convention and is limited to a “material breach,” which for present purposes is “the violation of a provision essential to the accomplishment of the object or purpose of the treaty.” Strauss discussed two possible grounds for this theory:

  • The lease restricts U.S. use of Guantanamo Bay to a “coaling station” or a “naval station,” and Cuba would have to argue and prove that the U.S. has exceeded those uses. Strauss is skeptical of such a general argument because the U.S. consistently has opted for a broad interpretation of these limitations with Cuba’s tacit agreement and because it should be difficult to satisfy the definition of “material” breach. However, the U.S. use of Guantanamo as a facility for detention of alleged terrorists after 9/11 and the U.S.’ alleged violations of the human rights of such detainees would be a stronger claim reinforced by consistent Cuban objections to such uses and by the remote possibility that Cuba could be subject to liability for any human rights violations at the Base. (Book at 121-23, 144-55, 174; Cuba Responsibility.)
  • In Article III of the second part of the 1903 lease the U.S. “agrees that no person, partnership, or corporation shall be permitted to establish or maintain a commercial, industrial or other enterprise within [Guantanamo].” The U.S. has clearly breached this provision by having a McDonald’s Restaurant and a bowling alley on the site, but it is difficult to see such ventures as a “material breach” of the lease. A stronger argument for such a claim could be built on the U.S.’ more recently having private-contractor employees participate in the interrogation and alleged abuse of detainees. Such an argument also ties in with the assertion that the U.S.’ use of Guantanamo as a detention facility and its alleged abuse of detainees constitutes a material breach of the lease. But do such breaches affect the object and purpose of the lease and thus constitute a material breech? (Book at 123; Private Sector; Cuba Responsibility.)

The Amount of the Rent

The original 1903 lease called for annual rent of $2,000 in gold coin for Guantanamo Bay and Bahía Honda without a breakdown for the two territories. Because the Guantanamo Bay territory constituted 94.5% of the total territory, the rent hypothetically could be divided on that basis, resulting in annual rent for Guantanamo of $1,890. This amount, argues Strauss, was “considerably higher than what any other party would have paid in 1903 for renting the same territory.” In other words, the rent was a material element, not a token or trivial amount. (Book at 126.)

In 1916, however, the U.S. presumably abandoned Bahía Honda, and the rent remained at $2,000 in gold coin, which in Strauss’ judgment was still in excess of the fair market value of the Guantanamo territory. (Book at 127.)

In 1933, at the start of the Great Depression, the U.S. left the gold standard, and the next year (1934), the U.S. Dollar was devalued with “the value of old U.S. gold dollars being fixed at $1.693125 in legal U.S. currency. The annual rent of $2,000 in gold for Guantanamo Bay, when converted at this rate, became $3,386.25. This was the amount the [U.S.] began paying annually to Cuba, by U.S. government check, starting in 1934.” This change was made unilaterally by the U.S. without a signed agreement with Cuba, which acquiesced in the change. (Book at 127-30.)

Similar changes were made unilaterally by the U.S. in 1973 with an increase of the annual rental check to $3,676.50 (based upon a 1972 revision in the value of the old U.S. gold dollar) and in 1974 to $4,085 (based upon a 1973 revision in the value of the old U.S. gold dollar). (Book at 130-31.) [3]

As mentioned in a prior post, since 1974 the $4,085 figure has continued to be used by the U.S. for the annual rental checks that have not been cashed by Cuba since the Cuban Revolution take-over of the government in 1959 (except for the first one in 1959). (Book at 136-37).

As Strauss recognizes, the rental amount has never been adjusted to reflect ever changing fair market values of the territory. As a result, the annual rental for at least the half-century after the Cuban Revolution has become a token payment. (Book at 131-32.)

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[1] Strauss is Lecturer in International Relations at the Centre d’Etudes Diplomatiques et Stratégiques, Paris, specializing in territorial leases as phenomena of international relations and international law for resolving sovereignty disputes. Prior to entering academia, he was an international journalist and served as bureau chief for Agence France-Presse’s AFX News in Paris, Knight-Ridder Financial News in Madrid, and Dow Jones News Service in Geneva. He took his Ph.D. in International Relations and Diplomacy from the above Centre and his M.Sc. in Journalism from Columbia University, where he was an International Fellow in the School of International Affairs. He is the author of The Viability of International Leases in Resolving International Sovereignty Disputes: A Comparative Study.

[2] The Strauss article that was cited in the prior post is Cuba and State Responsibility for Human Rights at Guantanamo, 37 So. Ill. Univ. L.J. 533, 533-36 (2013) [hereafter “Cuba Responsibility”].  This post is based upon Strauss’ The Leasing of Guantanamo Bay (Praeger International 2009) [hereafter “the Book”] and U.S. Socialism in Cuba: Implications of Prohibiting the Private Sector at Guantanamo Bay, 24 Am. Soc’y for Study of Cuban Economy 129 (2014) [hereafter “Private Sector”]

[3] The earlier post erroneously asserted the $4,085 rental fee started in the mid-1930’s.