Tag: New York Times

U.N. Agency Reports Afghan Human Rights Violations Against Former U.S. Partners

On March 28, 2002, the U.N. Security Council established the U.N. Assistance Mission in Afghanistan (UNAMA) to promote peace and stability in that country and thereafter that mandate annually has been renewed and revised to reflect the continued needs of that country. This Mission’s headquarters is in Kabul with a field presence of around 1,187 staff throughout the country.[1]

UNAMA’s Report on Taliban’s Human Rights Violations[2]

On August 22, 2023, UNAMA released its report that the Taliban has committed at least 800 human-rights violations against U.S. partners since the Taliban’s takeover of the country in 2021. Members of the Afghan National Army are at the “greatest risk,” followed by national and local police officers and National Directorate of Security officials. Targets also include prosecutors, judges and national, provincial and district officials who served in the U.S.-backed government.

At least 218 Afghan partners have been murdered, the report says. “Some were taken to detention facilities and killed while in custody,” the report says, while “others were taken to unknown locations and killed, their bodies either dumped or handed over to family members.”

In addition, the report asserts that there have been 144 instances of torture and maltreatment, including beatings with pipes and cables, plus at least 14 enforced disappearances and more than 424 arbitrary arrests.

Reactions to the U.N. Report[3]

The New York Times and the Wall Street Journal reported on the above details of this report.

Their articles also noted that “tens of thousands of such former officials remain in Afghanistan, unable or unwilling to join the scramble of Afghans to flee abroad” after the Taliban takeover and inhabit a “climate of  fear.”

These news articles quoted the report as saying, “the abuses it found work against the healing of wounds in society from Afghanistan’s 40 years of war, and contravene the Taliban’s obligations under international human-rights law” and “the de facto authorities’ failure to fully uphold their publicly stated commitment and to hold perpetrators of human rights violations to account may have serious implications for the future stability of Afghanistan.”

The Wall Street Journal also published an editorial claiming that “the Biden Administration wants Americans to forget about Afghanistan” and “continues to offer too few visas for Afghans who helped America. Some Afghan partners told the U.N. that they ‘have gone into hiding’ and ‘live in fear of being arrested or killed by a member of the de facto authorities.’” Therefore, this editorial concludes, “These ugly details add to the disgrace of one of America’s worst betrayals.”

The Taliban government in a statement appended to the UNAMA report said that after the Taliban had seized power, its supreme leader had issued a blanket amnesty to all former government members, that only people acting against the Taliban had been arrested and prosecuted and,  “After the victory of the Islamic Emirate until today, cases of human rights violations (murder without trial, arbitrary arrest, detention, torture, and other acts against human rights) by the employees of the security institutions of the Islamic Emirate against the employees and security forces of the previous government have not been reported.”

Although not mentioned in the U.N. report, the U.S. needs to adopt the Afghan Adjustment Act, which would provide permanent legal status for Afghans who have been admitted to the U.S. on temporary parole visas because of their assistance to U.S. troops and personnel before September 2021.[4]

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[1] UNAMA, About.

[2] Press Release, U.N. Assistance Mission in Afghanistan, Impunity Prevails for Human Rights Violations Against Former Government Officials and Armed Forces Members (Aug. 22, 2023); UNAMA, A barrier to securing peace: Human rights violations against former government officials and former armed force members in Afghanistan: 15 August 2021—30 June 2023.

[3] Pena, U.N. Says Taliban Committed Rights Abuses Despite Blanket Amnesty, N.Y. Times (Aug. 22, 2023); Shah, Afghans Who Allied with U.S. Face Killings, Arrests Under Taliban Rule, U.N. Finds, W.S.J. (Aug. 22, 2023); Editorial: The Fate of America’s Afghan Partners, W.S.J. (Aug. 22, 2023)Response by the de facto Ministry of Foreign Affairs to UNAMA Human Rights Service report, regarding the violation of human rights against the employees and military forces of the previous government, Directorate of Human Rights & Women’s International Affairs, Kabul (Aug. 2023).

[4] Introduction of New Proposed Afghan Adjustment Act, dwkcommentaries.com (July 31, 2023).

Loving Herbie Hancock’s Jazz Music  

The New York Times recently published commentaries on Herbie Hancock’s jazz music from 11  jazz musicians, writers and critics.[1] Here are Herbie’s tunes that they listed as ones that would make someone fall in love with jazz:

  • Textures
  • Actual Proof
  • Maiden Voyage (Remastered)
  • Hornets
  • 4 A.M.
  • Speak Like A Child
  • Butterfly
  • Chameleon
  • The Prisoner (Remastered)
  • Rockit
  • Head Hunters

Although this blogger likes jazz, he did not recognize the names of any of the 11 “experts” who voiced their opinions on this issue and thereby exposed his own lack of expertise.

However, as a contemporary of Hancock at Iowa’s Grinnell College, 1957-60, I learned about jazz for the first time from interactions with Herbie as he organized several jazz combos with fellow students.

During the 1958-59 academic year, Herbie frequently spent time listening to Miles Davis records on the high-fi of my classmate, John Scott, while John played along on his trumpet and Herbie (sans piano) listened and hummed.

The next year on campus Scott was the trumpeter in the Herbie Hancock Quintet, which played three pieces by Scott and another three that the two of them together had composed. Herbie, in his  memoir Possibilities, recalled that Scott could “play pretty well” on the trumpet and became “a close friend; we even wrote a song together called ‘Portrait of Miles,’ that I would later record  as ‘A Tribute to Someone.’”

Immediately after leaving Grinnell in 1960, Herbie started a career as a professional jazz artist, and although he was obtaining critical success, his initial jazz albums did not do so well in sales. At that same time, another Grinnell contemporary, Lee Weisel, had connections with the successful  psychedelic rock band Iron Butterfly  and when Lee heard about Herbie’s lackluster sales, Lee hired Herbie’s band to open for that band’s concerts. Subsequently Weisel served for two years as Hancock’s manager.

In light of these personal connections, my favorite Hancock tunes are two of the early ones—“Maiden Voyage” and “Watermelon Man.”

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[1] Moore, 5 Minutes That Will Make You Love Herbie Hancock, N.Y. Times (May 3, 2023).

U.S. Should Release All Guantanamo Prisoners and Close Down

A New York Times editorial starts with the factual assertion that “30 men . . . [are] still imprisoned at the U.S. naval base whose name has become synonymous with American shame.” Although President Biden “said at the outset of his administration that he would seek to have the detention center closed . . . the moral imperative and the ethical case for doing so has only gotten stronger with time.”[1]

Such closure, per the editorial, requires the President “to find countries willing to take 16 [of them] who are deemed to post no terror threat and have been cleared to leave” and “to clarify the ‘policy principles that would open the way for plea bargains for those [14] cases in which convictions are no longer possible.”

Although the President “has full authority to clear these hurdles and either repatriate the remaining prisoners or get them to a plea bargain,” he “needs to ensure that the task has the highest priority.”

The editorial concluded with testimony before the Senate Judiciary Committee from Retired Marine Brig. Gen. John Baker, who had served as chief defense counsel at the base for six and a half years.  “The best that can be hoped for at this point, more than 20 years after the crimes were committed, is to bring this sordid chapter of American history to an end. And that end can only come through a negotiated resolution of the cases.”

Other Recent Developments Regarding Guantanamo

The editorial started by acknowledging that after nearly 21 years of detention the U.S. had just released an Algerian to his home country after never having been charged with any crimes by the U.S. [2]

On the same day as the editorial, a senior official of the International Committee of the Red Cross expressed alarm about deteriorating health conditions and inadequate preparations for aging prisoners at Guantanamo.[3]

Earlier this month the D.C. Circuit Court of Appeals, en banc, refused to rule on whether a Guantanamo detainee from Yemen who had been detained in Guantanamo for 20 years had due process rights under the U.S. Constitution’s Fifth Amendment and remanded the case to the district court to determine whether he should be released because the U.S. no longer considers him to be a security threat.[4]

Conclusion

Release all the prisoners and close Guantanamo as soon as possible!

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[1] Editorial, Biden Can Close the Legal Black Hole at Guantanamo, N.Y. Times (April 29, 2023)

[2]  Rosenberg, Pentagon’s Repatriation of Algerian Leaves 30 Prisoners at Guantanamo, N.Y. Times (April 20, 2023)

[3] Rosenberg, Red Cross Expresses Alarm Over Detainee Health at Guantanamo Bay, N.Y. Times (April 21, 2023)

[4] Weiner & Hsu, Divided court leaves constitutional issue at Guantanamo unresolved, Wash. Post (April 12, 2023); Opinion, Al-Hela v. Biden, U.S. Court of Appeals, No. 19-5079 (D.C. Cir. April 4 & 12, 2023).

 

Skepticism About Douthat’s Defining Challenge of the 21st Century 

As discussed in a prior post, New York Times’ columnist Ross Douthat argues that the  defining challenge of the 21st century is declining population in many of the world’s countries. [1]

Skepticism about this contention has been voiced by Wang Feng, a professor of sociology at the University of California, Irvin, even though he does not cite Douthat’s article.[2]

While conceding that “a shrinking global population . . . poses unprecedented challenges for humanity,” Feng says, “alarmist warnings are often simplistic and premature” and “can lead to hasty policy and human tragedy.”

Instead Weng says,  “The population declines seen today in some countries have come about largely as a happy story of greater longevity and freedom. Fertility rate worldwide dropped from more than five births per woman in the early 1960s to 2.3 in 2020. Credit greater investment in child and maternal health everywhere: A mother who successfully brings her child to term and an infant who survives to childhood lower birthrates because parents often don’t feel the need to try again. Greater availability of free or affordable contraception has also reduced unwanted births.”

Moreover, Feng asserts, “additional “women in the work force is a recipe for even greater productivity and prosperity and could help ease labor concerns among falling populations. More women than ever are rising to leadership positions in business, media and politics.”

“Compared with a half-century ago, people in many countries are richer, healthier and better educated and women are more empowered. “ This is associated with “[a]verage world life expectancy . . . [having] increased from 51 years in 1960 to 73 in 2019, and even more so in China, from 51 in 1962 to 78 in 2019. Increases of that magnitude reshape lives and open up opportunities unimaginable when life spans were shorter.”

“Fewer people on the planet, of course, may reduce humanity’s ecological footprint and competition for finite resources. There could even be greater peace as governments are forced to choose between spending on military equipment or on pensions. And as rich nations come to rely more on immigrants from poorer countries, those migrants gain greater access to the global prosperity currently concentrated in the developed world.”

Feng, however, concedes, “This new demography brings new challenges, including the need to offer quality and affordable child care, make college education more affordable and equitable, provide guaranteed minimum income and make societies more gender equal. Governments should abandon the mindless pursuit of economic growth in favor of well-being for citizens.”

Conclusion

 Whose side are you on? Douthat or Feng?

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[1] Douthat, Five Rules for an Aging World, N.Y. Times (Jan. 21, 2023); Another Defining Challenge of the 21st Century, dwkcommentaries.com (Jan. 25, 2023).

[2] Feng, The Alternative, Optimistic Story of Population Decline, N.Y. Times (Jan. 30, 2033).

Another Defining Challenge of the 21st Century 

Ross Douthat, a New York Times columnist, asserts that at least one of the defining challenges of the current century is “the birth dearth, the population bust, the old age of the world.”[1]

This assertion is based, he says, upon “various forces, the Covid crisis especially, [that] have pushed birthrates lower faster, bringing the old-age era forward rapidly.”  Additional support for this thesis, he says, is China’s recent announcement that “its population declined for the first time since the Great Leap Forward, over 60 years ago.” And “variations on that shadow lie over most rich and many middle-income nations now—threatening general sclerosis, and a zero-sum struggle between a swollen retired generation, and the over-burdened young.”

Douthat then asserts the following “Rules for an Aging World:”

  1. “The rich world will need redistribution back from old to young.” “[R]eform [of] old-age entitlements will become ever more essential and correct — so long as the savings can be used to make it easier for young people to start a family, open a business, own a home. And countries that find a way to make this transfer successfully will end up far ahead of those that just sink into gerontocracy.”
  2. “The big bottlenecks [of the new A.I. technology] aren’t always in invention itself: they’re in testing, infrastructure, deployment, regulatory hurdles.”
  3. “Ground warfare will run up against population limits [as we see today in the Russia-Ukraine war and the tensions over Taiwan].”
  4. A “little extra youth and vitality will go a long way.” For example, “countries that manage to keep or boost their birthrates close to replacement level will have a long-term edge over countries that plunge toward . . .half-replacement-level fertility.” The same “will be  true within societies as well.”
  5. A major challenge in this new age will be the international response to the projections that Africa’s population will “reach 2.5 billion by 2050 and [4.0] billion by 2100. . . .The balance between successful assimilation and destabilization and backlash [of the African diaspora] ….will help decide whether the age of demographic decline ends in revitalization or collapse.”

Reactions

Wow!, This is a new and frightening projection of the next 80 years for all of us on planet Earth today! We certainly have seen these challenges in states in the Middle West like Minnesota, Iowa, the Dakotas and Nebraska, and this blog has advocated for increased immigration in these states to counteract aging and declining populations.  Nearly everyone in the U.S. today and in the future should join me in a chorus, “I am a proud descendant of immigrants!!”

At the end of the Douthat column are many comments from readers. Here are a few of those comments:

  • Geoff Burrell of Western Australia said, “Aged 72 I tend to agree that longevity is currently a problem but hasn’t ‘age at dying’ decreased in western countries due to the pandemic, a trend that may continue for many decades as new Covid variants and climate change induced pandemics come along. The article also characterizes elderly people as a ‘burden’ but doesn’t recognize the substantial portion of any population’s wealth they hold, much of it, ironically, used to support younger family members. Immigration is also able to overcome most of the deficits faced by a population with an ageing society, though that requires a good immigration policy to ensure the country gets what it wants.”
  • Edwin, an American MD in Africa, thanks Douthat “for his recognition of the importance of Africa. Most of Africa’s low- and middle-income countries have 50% or more of their population under the age of 17 years. The education, health and stability of Africa’s children and adolescents is critically important, and will be a major determinant of global security in the 21st Century…” He adds, “Northern Nigeria, where I spend much of my effort, now has a huge number of people living in extreme poverty. Yet the young people in this area of Africa’s most populous nation have much promise. We in the West must prioritize the health, education and security of places like northern Nigeria.”
  • Nicholas Mellen of Louisville, KY agrees with Edwin. “An aging population? Allow migrants in. They’re young healthy and ambitious. The most productive and successful Americans are usually within the first 3 generations; these migrants will do the same: from Haiti, Honduras, Iran, Sudan, Venezuela, Russia, China, Afghanistan to name a few. You have to be brave, persistent, hopeful and lucky to survive the journey. So there’s how you rejuvenate an aging nation.”
  • Patrick Bohlen of Orlando, IL, says, “Allowing for more immigration is an obvious top 3 solution that would solve many of the issues brought about by the demographic shift. It will also be unavoidable with climited migration. . . . We don’t need higher birth rates, but we do need sane immigration policies that help address both the demographic and climate crises.”
  • Anne F of New York, concludes her comment, “We don’t need to be concerned about population decline as it is part of a long-term picture of sustainable human existence. Climate needs to be the focus.”

Surprising news relating to this subject was the recent release of information about the results of the 2021 Gallup World Poll based on detailed interviews with nearly 127,000 adults in 122 countries. “Globally, people’s desire to move reached its highest point in a decade, but interest in moving to the U.S. plunged. When asked where in the world they would want to migrate, 1 in 5 potential migrants — or about 18% — named the U.S. as their desired future residence. The new numbers marked a historic decline that began in 2017, when just 17% — the lowest rate ever recorded — said they’d want to move to the U.S. In previous years, the U.S. has polled between 20% and 24%.”[2]

The managing editor of this World Poll and one of the report’s authors, Julie Ray, attributed the decline in foreigners desire to relocate to the U.S. to anti-immigrant and anti-Muslim policies of the Trump Administration. A Palestinian man, for example, came to the U.S. for graduate study because he thought the U.S. offered “infinite opportunities, but soon he saw a U.S. “workaholicculture,” a lack of fulfillment and evaluating a person’s value by their job status.

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[1]  Douthat, Five Rules for an Aging World, N.Y. Times (Jan. 22, 2023).

[2] Abdeleziz, Fewer People Are Interested in Migrating to The U.S. Than Ever Before. Here’s Why, HuffPost (Jan. 26, 2023); Pugliese & Ray, Nearly 900 Million Worldwide Wanted  to Migrate in 2021, gallup.com (Jan. 24, 2023).

Memory Issues for People in Their Eighties

Joe Biden, who just turned 80, will be 86 in 2028 should he be re-elected and serve another four-year term as U.S. President. This has prompted political speculation whether his age is or should be a disqualifying attribute for his seeking re-election. This issue was discussed in an interesting New York Times article about memory issues facing people in their 80’s in the U.S.[1]

The article starts with the following general comments:

  • “[W]hile the risk of life-threatening diseases, dementia and death rises faster with each passing decade of a person’s life, experts in geriatrics say that people in their 80s who are active, engaged and have a sense of purposecan remain productive and healthy — and that wisdom and experience are important factors to consider.”
  • “ Biden, . . . experts agreed, has a lot going in his favor: He is highly educated, has plenty of social interaction, a stimulating job that requires a lot of thinking, is married and has a strong family network — all factors that, studies show, are protective against dementia and conducive to healthy aging. He does not smoke or drink alcohol and, according to the White House, he exercises five times a week. He also has top-notch medical care.”
  • “His race is another [positive] factor. The life expectancy for the average white, 80-year-old man is another eight years, said Dr. John Rowe, a professor of health policy and aging at Columbia University. ‘And that’s the average,’ Dr. Rowe said. ‘A lot of those 80-year-olds are already sick; they are already in the nursing home.’”
  • “Scientists who study aging stress that chronological age is not the same as biological age — and that the two often diverge as people grow older. It is true that older people tend to decline physically, and the brain also undergoes changes. But in people who are active, experts say, the brain continues to evolve and some brain functions can even improve— a phenomenon experts call the ‘neuroplasticity of aging.’”
  • “’This idea that old age is associated with only declines is not true,’ said  Dilip Jeste, a psychiatrist who has studied aging at the University of California, San Diego. ‘There are studies that have been done all over the world which show that in people who keep active physically, socially, mentally and cognitively there is increased connectivity among specific networks, and even new neurons and synapses can form in selected brain regions with older age.’”

Further comments were provided by five additional experts.

“Dr. Dan Blazer, professor emeritus and psychiatric epidemiologist at Duke University School of Medicine, who led a committee of experts that examined “cognitive aging” for the National Academy of Sciences in 2015, said, ‘Slippage of memory is something that is usual, but it is not a real deficit.’ He described such slippage this way: ‘They forget, they remember they have forgotten and they eventually remember what they have forgotten.’”

Another expert on aging, Dr. Gill Livingston, a psychiatrist at University College London, who led a commission on dementia in 2020, observed, ‘Once people reach 65, the risk of dementia doubles every five years. In general, she said, in high-income countries like the United States, dementia will affect 10 percent of people aged 80 to 84 and 20 percent of those aged 85 to 89.”

Lisa Berkman, a professor of public policy at the Harvard School of Public Health who studies health and aging, added a more nuanced view. ‘People in their 80s commonly experience declines; we shouldn’t be naïve about that. And at the same time, there is so much variability. People who are doing well and are in the top level of functioning, have the odds of going for another 10 years, of doing really well during this time and making very important contributions.’”

Jay Olshansky, an epidemiologist at the University of Illinois Chicago, names both Mr. Biden and former President Donald J. Trump, who is 76, as likely fitting the profile of “super-agers” — a ‘subgroup of people that maintain their mental and physical functioning and tend to live longer than the average person their age.’”

“Dr. Olshansky also says it is a misconception to think being president ages a person; in fact, former presidents tend to live longer, as an analysis he published in 2011 showed. Former President Jimmy Carter, who has been active well into his 90s, turned 98 last month. President George H.W. Bush was 94 when he died in 2018.”

“As the baby boom cohort ages, the number of octogenarians is growing into what experts have called a “silver tsunami.” In its 2020 Profile of Older Americans, the federal Department of Health and Human Services reported that the 85-and-older population was projected to more than double from 6.6 million in 2019 to 14.4 million in 2040.”

Reactions

On November 21, the Times published 583 comments on this article. Here are a few of them:

  • Jim K said, “If either party offers a younger candidate with a fresher and less polarizing vision/agenda for the nation, that party’s candidate will probably win the election. In my opinion, that is who the independents – the middle of the road types – would vote for.”
  • Joe Barnett said, “If he decides not to run, he can wait until the primaries and then endorse or just watch the Democrats pull from their wealth of talent to replace him.”
  • Northern D offered, “It will actually speak to Biden’s legacy if he knows when to leave and still be capable of helping his successor not matter who he or she is. In my estimation that should be sooner rather than later.”
  • Therion boston, “Step down Man! The United States needs a leader that is younger, fresher, and more vibrant. Our whole country needs to put forward a fresh face.”
  • MCM said, “The appropriate question is whether the United States can run the risk that he may not be. And the article suggests that while he has many advantages, that possibility exists.”
  • WHC says, “By their mid80s most individuals have some cognitive decline, and if there is one job where we don’t want the holder to have cognitive decline it’s president of the United States. Yes, decline is not guaranteed, but the odds are clearly rising, and shutting your eyes to it—or to declare legitimate worries ageism, as though he’s just a laid off fifty something—isn’t serving your readers.”

Although I voted for Mr. Biden in the 2020 election, I think he should not run for re-election because of concerns about the potential adverse effects of his aging during a second term and of some voters declining to vote for him for that reason. I also think that many of the younger voters, who turned out in great numbers in the 2020 election, would appreciate having a younger candidate to vote for. My recommendations: U.S. Senators Cory Booker or Amy Klobuchar.

As a mid-80’s white male, retired lawyer with three university degrees who is in relatively good health and active in various ways, I am glad to learn that my age does not automatically mean that I am destined to suffer significant physical and mental decline in the balance of my 80’s. However, I acknowledge that my short-term memory is not as sharp as it used to be. When I mentioned this issue to a friend of my generation, he loaned me a book, “Remember” that emphasizes forgetting is part of being human while some memories are built to last only a few seconds and others can last a lifetime. The book’s author, Lisa Genova, is a neuroscientist and acclaimed novelist. I look forward to reading this book and hopefully getting tips on improving my memory.[2]

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[1] Stolberg, The President Is Turning 80. Experts Say Age Is More Than a Number, N.Y. Times (Nov. 20, 2022),

[2] Author Spotlight: Lisa Genova, Harmony Books.

U.N. General Assembly Again Condemns U.S. Embargo (Blockade) of Cuba

On November 3, 2022, the U.N. General Assembly again condemned the U.S. embargo (blockade) of Cuba. The vote this time for the Cuban resolution was 185 to 2 (with the U.S. and Israel voting against the resolution) while two others abstained (Brazil and Ukraine).[1]

The resolution “reiterated its call on all States to refrain from promulgating and applying laws and measures of the kind referred to in the text’s preamble, in conformity with their obligations under the United Nations Charter and international law. It also urged States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regimes.”

Cuba’s Argument for Its Resolution

Cuba alleged in support of its resolution that “only between August 2021 and February 2022 that unilateral policy caused Cuba losses in the order of 3,806.5 million dollars. The figure is 49% higher than that reported between January and July 2021 and a record in just seven months.”

“At current prices, [according to Cuba,] the accumulated damages during six decades of the blockade amount to 150,410.8 million dollars, with a great weight on sectors such as health and education, in addition to the damage to the national economy and the quality of life of Cuban families.”

“In the first 14 months of the Biden Administration alone, [said Cuba,] the losses caused by the blockade amounted to 6,364 million dollars, which is equivalent to an impact of more than 454 million dollars a month and more than 15 million dollars a day.”

Finally, Cuba claimed that  “The extraterritorial impact of the blockade harms the sovereignty of the countries of the United Nations, sanctions their businessmen and impedes access to their ports for third party ships that dock in Cuba. It also prevents the importation into Cuba of articles produced in any country when they have 10% or more of U.S. components.”

Cuba’s foreign Minister, Rodriguez Parrilla, also said, “During the pandemic, the blockade was further tightened, causing more delays in the delivery of necessary medical equipment. But despite limited resources, Cuba cooperated with other countries, sending medical brigades to provide aid. Equally unceasing, he said, is the fraudulent inclusion of Cuba in the United States Department of State’s unilateral list of countries that allegedly sponsor terrorism. This forces Cuba to pay twice the usual price for commodities on the international market. Cuba has rejected all forms of terrorism.”

The Foreign Minister added, “The current United States Administration does not have a Cuba policy, he said. Rather it continues to exert the “maximum pressure” policy developed under the Donald Trump Administration. Over the last few months, it has taken positive steps to alleviate certain restrictions, but the blockade continues to be the central element defining Cuba-United States policy.”

Other Countries’ Support for the Resolution

During the General Assembly debate over the Cuba resolution, “Member States condemned the economic embargo against Cuba, calling it cruel, inhumane and punitive. They urged the United States to begin a dialogue with Cuba based on the equality of States and respect for sovereignty and independence.”

“Representatives of several developing States also thanked Cuba for providing them with much-needed medical aid, nurses and vaccines at the height of the pandemic. Nicaragua’s delegate said that Cuba, thanks to its revolutionary spirit and socialist conviction, has been able to stand alongside the developed countries that sanction it by producing vaccines and helping ‘our developing peoples.’”

“Speakers for several Caribbean countries pointed out also that the United States blockade has had widespread implications and consequences and was stifling not only Cuba’s growth but that of the entire region. Several delegates questioned how the world could commit to implementing the 2030 Agenda for Sustainable Development while locking out one country from fairly participating in its own socioeconomic development.”

“’No nation should be punished and exploited by another,’ Gabon’s representative said. ‘Cuba is peaceful and cooperative and deserves the continued support of the international community in calling for an end to the embargo.’”

“Member States also questioned how they could overwhelmingly call for an end to the embargo year after year for decades without any results. ‘Every year, we speak about the devastating impact of the embargo on the people of Cuba, but we see no effort to remove the restrictions,’ Zimbabwe’s delegate said.”

The U.S. Statement Against the Resolution[2]

The U.S. statement purportedly justifying its opposition to the resolution was provided during the debate by John Kelley, Political Counselor, who said the following:

  • “The United States remains committed to the Cuban people in their pursuit of freedom, prosperity, and a future with greater dignity. We are focused on the political and economic wellbeing of the Cuban people and center our efforts on democracy and human rights and fundamental freedoms.”
  • “Cubans of all walks of life are speaking out for fundamental freedoms, protesting Cuban government repression, and advocating for a better future. In July of 2021, the world witnessed tens of thousands of Cubans across the island take to the streets to peacefully demand freedom. The Cuban government responded to the demands of the Cuban people with crackdowns on peaceful protesters, journalists, and human rights defenders.”
  • “The Cuban government has used harsh prison sentences, even against minors, intimidation tactics, arrests, Internet interruptions, government-sponsored mobs, and horrendous prison conditions to try to prevent Cubans from exercising their human rights.”
  • “Cuban security officials have also forced into exile human rights activists and journalists who had been either detained or warned about their activities. We join international partners in urging the Cuban government to release political prisoners immediately and unconditionally and to protect the freedoms of expression and peaceful assembly of all individuals in Cuba.”
  • “As we hold the Cuban government accountable, our support for the Cuban people is unwavering. The embargo includes exemptions and authorizations relating to exports of food, medicine, and other humanitarian goods to Cuba.”
  • “We recognize the challenges the Cuban people face. The people of the United States and U.S. organizations donate a significant amount of humanitarian goods to the Cuban people, and the United States is one of Cuba’s principal trading partners. Since 1992, the United States has authorized billions of dollars of exports to Cuba, including food and other agricultural commodities, medicines, medical devices, telecommunications equipment, consumer goods, and other items to support the Cuban people. In 2021 alone, U.S. companies exported over $295 million worth of agricultural goods to Cuba, including food, to help address the Cuban people’s basic needs.”
  • “Last month, following the devastating impact of Hurricane Ian, the United States announced it is providing to the Cuban people critical humanitarian aid through trusted international partners working directly with Cubans whose communities were devastated by the storm. The U.S. Agency for International Development will provide $2 million in funding for emergency relief to those in need in Cuba.”
  • “Mr. President, the United States opposes this resolution, but we stand with the Cuban people and will continue to seek ways to provide meaningful support to them. We encourage this body to urge the Cuban government to listen to the Cuban people and their demands to determine their own future.”

Conclusion

Amazingly none of the major U.S. sources of international news—New York Times, Washington Post and Wall Street Journal—had any articles about this U.N. General Assembly resolution.

In contrast, this blog by a U.S. citizen living in the U.S. without any family connections with Cuba, but with involvement in Minneapolis’ Westminster Presbyterian Church’s partnership with a Presbyterian-Reformed Church on the island, has contained many blog posts opposing the U.S. embargo of Cuba.[3] The most recent such post had an abbreviated history of the embargo and discussed the last U.N. General Assembly resolution against the embargo that passed on June 23, 2021, by a vote of 184 to 2 (again the U.S. and Israel in opposition) with three abstentions (Colombia, Brazil and Ukraine).[4]

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[1] U.N., General Assembly: 28th plenary meeting, 77th session (Nov. 3, 2022); Rodriguez, Overwhelming Victory for Cuba at the UN: 185 countries vote against the blockade, Granma (Nov. 3, 2022); Cuba Foreign Minister Rodriguez Parrilla, The world would be better off without the blockade, Granma (Nov. 3, 2022); How little the United States respect the world by maintaining the blockade against Cuba!, Granma (Nov. 2, 2022) (Cuba President Miguel Diaz-Canel Bermudez’ Twitter statement); U.N. Secretary General, Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (Jan. 20, 2022).

[2] U.S. Mission to the United Nations, Explanation of Vote After the Vote on a UN General Assembly Resolution on the Cuba Embargo (Nov. 3, 2022).

[3]  See the posts listed in the “U.S. Embargo of Cuba” section of List of Posts to dwkcommentaries—Topical: CUBA [as of 5/4/20}.

[4]  Criticism of President Biden’s “New Cuba Policy,” dwkcommentaries.com (Oct. 1, 2022).

Hurricane-Damaged Cuba Needs Immediate U.S. Recovery Help 

“Hurricane Ian caused great devastation [in Cuba]. The power grid was damaged, and the electrical system collapsed. Over four thousand homes have been completely destroyed or badly damaged. . . . In the western province of Pinar del Rio, famous for its tobacco production, over 5,000 farms were destroyed. In small towns like San Luis, 80% of all homes were left damaged . . . . Cuba must be allowed, even if just for the next six months, to purchase the necessary construction materials to REBUILD. Cubans are facing a major setback because of Hurricane Ian.”[1]

These words buttressed the demand by a U.S. organization, The People’s Forum,[2] in a full-page ad in the Sunday New York Times for the U.S. to end the U.S. embargo of the island, the U.S. designating Cuba as a “state sponsor of terrorism” and the U.S. complex processes for dispatching disaster relief. The People’s Forum added the following:

  • “It is unconscionable at this critical hour to maintain the embargo and engage in collective punishment against an entire people by preventing Cuba from purchasing construction materials or receiving aid.”
  • President Biden put Cold war politics aside—even for six months!”
  • “The people of Cuba are part of our family—the human family. Don’t let outdated Cold War politics prevent peace-loving people from helping the Cubans to rebuild and return to their homes, rebuild the electrical grid, and have clean drinking water and access to food. The time to act is now!”
  • “Cuba is our neighbor. The United States loses nothing by being a good neighbor and allowing Cuba to recover fully from this tragic moment.”[3]

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[1] Advertisement, Let Cuba Rebuild-Urgent Appeal to President Biden, N.Y.Times, p. A23 (Oct. 2, 2022). The ad solicited online donations through the website of another organization, LetCubaLive.

[2] The People’s Forum “are a movement incubator for working class and marginalized communities to build unity across historic lines of division at home and abroad. We are an accessible educational and cultural space that nutures the next generation of visionaries and organizers who believe that through collective action a new world is possible.” (The People’s Forum, About.)   The Forum previously has engaged in other efforts to promote U.S.-Cuba normalization. (The People’s Forum, Search Results: Cuba.)

[3] This advertised message provides an exclamation point to this blog’s most recent post, Criticism of President Biden’s “New Cuba Policy,” dwkcommentaries.com (Oct. 1, 2022).

More Details on Jurors’ Comments on Derek Chauvin Trial 

The blog previously has discussed the court’s decision last week to release on November 1 certain information about the jurors in the Derek Chauvin trial and the October 28th Don Lemon program on CNN  with seven of the 14  jurors (including two alternates). [1] Now additional details about this development have been reported by the Washington Post, New York Times and StarTribune. [2]

The Washington Post has reported the following:

  • Several jurors said their views on race did not factor into the verdict. According to Juror Nicole Deters, ““We got here because of systemic racism within the system, right, because of what’s been going on. That’s how we got to a courtroom in the first place. But when it came down to all three verdicts, it was based on the evidence and the facts one hundred percent.”
  • Several jurors said “they probably would have come to the same verdicts if Chauvin had testified in his defense, but they said they would have liked to hear what he was thinking. Videos of the killing, recorded by bystanders and others, factored into the jurors’ decision-making, they said.”
  • Juror Sheri Belton Hardeman said, “The camera doesn’t lie. And it was in slow motion at times while you were sitting there in court. … So it was hard. It played a huge role though. It truly did.”
  • Juror Jodi Doud told CNN the video “bothered me so much. How could somebody do that to someone else? And it was a slow death. It wasn’t just a gunshot and they’re dead.”

The New York Times added the following report:

  • Half of the 12 jurors declined to comment or could not be reached on November 1st after their names had been publicly released. At the home of one of them, this sign was posted on the front door: “Please, no press no soliciting” while a “Black Lives Matter” poster was prominently displayed in a window.
  • Juror Brandon Mitchell, who previously had made public comments on the trial, said on November 1, , 2021, that all of the jurors have been keeping in touch on an email chain since the trial. “They’re scared of the unknown and of becoming a public figure instead of spending their lives in peace.”
  • Juror Jodi Doud had said on the CNN program, “This is not what he [Chauvin] did, but more or less what he didn’t do. He did not provide lifesaving measures for George Floyd when he knew that the guy was in pain or needed medical attention.”

The Times article also reported that the prospective jurors questionnaires “reveal a diverse range of opinions from the jurors, who were from throughout Hennepin County and ranged in age from their 20s to their 60s. Four of the jurors were Black, six were white and two were multiracial; seven of the 12 were women.”

The StarTribune noted that two jurors and an alternate previously had made the following public comments about the trial:

  • “25-year-old Journee Howard, of Minneapolis, said she was especially swayed by the testimony of Dr. Martin Tobin, who bolstered the prosecution’s contention that Floyd died from asphyxiation as a direct result of being pinned face down on the pavement at 38th and Chicago for more than nine minutes by Chauvin and two other officers.”
  • Brandon Mitchell said the jury deliberations were “smooth” with a strong focus on the evidence and the terminology of the law, but did not include discussions about race or the broader issue of police killing civilians.
  • Alternate Lisa Christensen, 56, of Brooklyn Center, said she was “sad and disappointed” when she was excused before deliberations began but agreed with the verdicts.

The StarTribune also added that a jury questionnaire disclosed that the jury foreperson was a 31-year-old man from Minneapolis, who was engaged at the time of the trial, has degrees in accounting from the University of St. Thomas, and works as an audit manager and that almost all of the  responses to the questionnaire said the prospective jurors disagreed with the statement that “the police treated white and Black people equally” while all agreed that “Police in my community make me feel safe.”

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[1]  Judge Orders Release of Jurors Names in Derek Chauvin Trial, dwkcommentaries.com (Oct. 28, 2021); Discussion of Derek Chauvin Trial By Seven of Its Jurors, dwkcommentaries.com (Oct. 30, 2021).

[2]  Shammas & lati, Race was not part of Chauvin jurors’ decision, they say, Wash. Post (Nov. 1, 2021); Bogel-Burroughs, Jurors Who Convicted Derek Chauvin Are Identified for First Time, N.Y. Times (Nov. 1, 2021); Walsh, More than 6 months after verdicts, court releases names of jurors in Derek Chauvin trial, StarTribune (Nov. 1, 2021).

 

 

 

Developments in State Criminal Cases for George Floyd Killing

 There have been four recent developments in the state criminal cases over the killing of George Floyd: (a) the state trial court’s delaying the criminal trial of the other three defendants (Thomas Lane, J. Alexander Kueng and Tou Thao); (b) conducting a hearing on Lane’s motion for discovery of certain use-of-force reports by the Minneapolis Police Department; (c) conducting a hearing on motions for sanctions for alleged leak of alleged Chauvin offer to plead guilty; and (d) Thao’s motion for sanctions for alleged illegal pressure on Hennepin County Medical Examiner.

Delay of Trial [1]

At the May 13 pretrial hearing in the three cases, Judge Peter Cahill announced that the trial would be delayed from August 25, 2021 to March 7, 2022. The Judge gave three reasons for this postponement: (a) provide time for the Judge to deal with pending issues in the cases; (b) provide time for the recently filed federal criminal case against all four ex-officers to proceed since it carries higher potential penalties; [2] and (c) provide time for the publicity about the trial and conviction of Derek Chauvin to diminish.

The three defendants favored the postponement. The State did not .

Nekima Levy Armstrong, a lawyer and prominent civil rights activist in Minneapolis, did not approve of this postponement. She said, “I think we they should have just moved forward. I don’t think it helps our community in a positive way to have to wait about another year.”

Lane’s Motion for Discovery [3]

Previously Lane had requested the State to disclose all use-of-force reports for the last 30 years in which a Minneapolis police officer intervened verbally or physically against another officer’s use of force and the State objected. Lane’s attorney believes there are no such reports and thus discredit the aiding and abetting charges against Lane (and the other two ex-officers )for not intervening to stop Chauvin’s restraint of George Floyd.

Matthew Frank for the State argued that the request was overly broad and should be denied. ts brief stated, that Lane had “not established how the intentions and actions of individual police officers in past years in other incidents would be admissible to impeach testimony about the objectively reasonable officer standard. His failure to address the factual or legal standards necessary to this motion highlight that this is not a serious discovery motion, but simply an attempt to usurp the Court’s time and resources so counsel for Defendant Lane can obtain a public forum to argue his theory of the case. His motion should be summarily denied.”

The Judge said he would take the motion under advisement and later issue an order on the motion.

Three Co-Defendants Motion for Sanctions [4]

The three co-defendants (Lane, Kueng and Thao) have alleged that the prosecution leaked to the New York Times an alleged offer by Chauvin to plead guilty to third -degree murder only three days after the killing of Mr. Floyd.[5]

At the May 13th  hearing, this subject was raised when the three co-defendants asked for the prosecutors to testify under oath or submit affidavits that they did not leak this information, and Judge Cahill revealed that shortly after publication of the Times article he had asked the prosecutors to do just that, but only one such affidavit was provided (by Matthew Frank) while Attorney General Ellison submitted a letter (not under oath) that the prosecution team was not the source.

Judge Cahill tentatively scheduled an August hearing on this matter, and one of the co-defendants’ attorneys said he would subpoena prosecutors who had not submitted affidavits as well as the New York Times reporter for the article (Tim Arango) even though Judge Cahill expressed concern about a subpoena to the journalist in light of his First Amendment protections. (Indeed, the New York Times subsequently stated that it “will vigorously defend against any effort to target our reporters and their sources.”

Thao’s Motion for Sanctions [6]

On March 12 attorneys for Tou Thao filed a motion for sanctions for alleged prosecutorial misconduct in allegedly (a) having Dr. Roger Mitchell, a former Chief Medical Examiner for Washington, D.C., pressure Dr. Andrew Baker, the Hennepin County Medical Examiner, to change his preliminary findings of “no physical findings [supporting] a diagnosis of traumatic asphyxia or strangulation” to the final findings of “neck compression;” and (b) after Chauvin’s chief medical expert (Dr. Fowler) testified that in his opinion the cause of death was undetermined, Dr. Mitchell wrote to Maryland officials to investigate Dr. Fowler’s qualifications and such an investigation was commenced by the Maryland Attorney General.

The motion then requested an order (a) dismissing the criminal charges against Thao; (b) barring seven attorneys (Including Attorney General Ellison and Neal Katyal) from participating in any trial against Thao; (c) asserting complaints about these attorneys to their professional responsibility authorities; and (d) requiring the State to report Dr. Mitchell to the appropriate medical boards.

The same day (May 12) Minnesota Assistant Attorney General Matthew Frank sent a letter to the Judge, saying that this motion asserted, “Bizarre allegations . . . [that] are false and wrong” and that the State requested one week to file a response to the motion.

Conclusion

The issues keep coming.

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[1] Xiong, State trial postponed to March 2022 for ex-officers charged with aiding and abetting murder in George Floyd death, StarTribune (May 13, 2021); Furber, Judge Delays Trial for Other Officers Charged in Killing of George Floyd, N.Y. Times (May 13, 2021); Bailey, Trial for 3 former officers charged in George Floyd’s murder delayed until March, Wash. Post (May 13, 2021); Karnowski & Forliti (AP), Trial for 3 ex-cops charged in Floyd’s death pushed to March, Wash. Post (May 13, 2021); Winter, Judge Delays trial in George Floyd Case, W.S.J. (May 13, 2021).

[2] See Federal Criminal Charges Against Ex-Minneapolis Policemen Over George Floyd Killing, dwkcommentaries.com (May 7, 2021).

[3] See n.1 supra. See also State’s Response to Defendant Lane’s February 10, 2021 Discovery Motion, State v. Lane, Hennepin County District Court, Case No. 27-CR-20-12951 (May 11, 2021).

[4] See n. 1 supra.

[5] See n. 1 supra; Did Derek Chauvin Agree to Plead Guilty to Third-Degree Murder for Killing George Floyd, dwkcommentaries.com (Feb. 11, 2021).

[6] See n. 1 supra. See also  Motion for Sanctions for Prosecutorial Misconduct Stemming from Witness Coercion, State v. Thao, Court File No. 27-CR-20-12949, Hennepin County District Court May 12, 2021), https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12949-TT/NOMM05122021.pdf; Letter, Matthew Frank (Assistant Attorney General) to Judge Cahill, State v. Thao, Court File No. 27-CR-20-12949, Hennepin County District Court May 12, 2021).. https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12949-TT/Correspondence05122021.pdf.