Senate Confirms Nomination of Rex Tillerson as Secretary of State

On January 23 the Senate Foreign Relations Committee by a straight party-line vote, 11 to 10, approved the nomination of Rex Tillerson to be Secretary of State. [1]  On February 1 the full Senate did the same, 56 to 43, which was the largest negative vote for confirmation for this position in the Senate’s history. [2]

Senate Foreign Relations Committee

Senator Bob Corker (Rep., TN), the Chair of the Committee, said the following:[3]=

  • “I personally have no doubt that Rex Tillerson is well-qualified. He’s managed the world’s eighth largest company by revenue with over 75,000 employees. Diplomacy has been a critical component of his positions in the past, and he has shown himself to be an exceptionally able and successful negotiator who has maintained deep relationships around the world.”
  • “The other absolute standard we apply to each of these nominees who come before us is to ensure they have no conflicts of interest related to their position.”
  • “The non-partisan director of the Office of Government Ethics (OGE) recently stated that Mr. Tillerson is making ‘a clean break’ from Exxon and is free of these conflicts. He has even gone so far to say that Mr. Tillerson’s ethics agreement ‘serves as a sterling model for what we would like to see from other nominees. He clearly recognizes that public service sometimes comes at a cost.’”
  • “I believe inquiries into Mr. Tillerson’s nomination have been fair and exhaustive. His hearing lasted over eight hours, and he’s responded to over 1,000 questions for the record. I’m proud of the bipartisan process, which is in keeping of the tradition of this committee that we pursued this, regarding his nomination, and I think that while our opinions and votes today may differ, that the process has been very sound.”

Senator Benjamin Cardin (Dem., RI), voting against confirming this nomination, said the following:[4]

  • “I believe Mr. Tillerson’s demonstrated business orientation and his responses to questions during the confirmation hearing could compromise his ability as Secretary of State to forcefully promote the values and ideals that have defined our country and our leading role in the world for more than 200 years. I will therefore not be supporting his nomination with my vote in Committee or on the Senate floor.”
  • “The United States plays a unique and exceptional role in world affairs.  Our values are our interests, as I said at Mr. Tillerson’s hearing. And our leadership in supporting democracy, universal human rights, unencumbered civil society, and unabridged press and religious freedoms is indispensable if these ideas and ideals are to be real and tangible in the world.”
  • “Mr. Tillerson equivocated on these self-evident truths under direct questioning, repeatedly prioritizing narrow business interests ahead of these core national security interests.  The power of the Secretary of State to call out wrong, to name and shame, and to fight each day on behalf of the American people and freedom-seeking people the world over is an enduring symbol to the oppressed and the vulnerable that the United States has their back.”
  • “Mr. Tillerson was unwilling to characterize Russia and Syria’s atrocities as war crimes, or Philippine President Duterte’s extrajudicial killings as gross human rights violations. And he was not willing to dismiss with unqualified clarity a registry for any ethnic or religious group of Americans.”
  • “I also believe Mr. Tillerson misled the Committee regarding his knowledge of ExxonMobil’s [well documented] lobbying on U.S. sanctions [against “some of the worst human rights abusers in the world such as Sudan, Syria, and Iran”]. Additionally, ExxonMobil’s stance on U.S. sanctions against Russia for their illegal invasion and annexation of Crimea, Ukraine in 2014 was well known at the time . . . . This is why it is particularly concerning that Mr. Tillerson indicated during questioning that he was not willing to recuse himself from matters relevant to ExxonMobil for the entire duration of his term.”
  • “While I was pleased that Mr. Tillerson said that he would support the laws I have written to hold accountable human rights abusers globally and in Russia specifically, and that America should have a seat at the table when discussing climate change with the international community, merely being willing to uphold the law or being willing to participate in global diplomacy are simply the necessary prerequisites for the job, not sufficient cause for confirmation.”
  • “On Russia more broadly, I am concerned as to whether Mr. Tillerson would counsel President Trump to keep current sanctions in place. . . . He showed little interest in advancing the new Russia sanctions legislation I’ve introduced with Senator McCain and colleagues on both sides of the aisle. Russia attacked us through cyber warfare and has committed even greater atrocities in Ukraine, Syria, and Eastern Europe. They must be held accountable and our bipartisan legislation is an important tool to do so.”
  • “Strangely, he was quick to caution about easing sanctions on Cuba because it would benefit a repressive regime, but seemed indifferent to doing business with Russia knowing that that business helped finance their ongoing violations of international norms.”
  • “Finally, America deserves a Secretary of State who will take advantage of every smart power tool in America’s diplomatic arsenal before recommending the use of force. I was therefore disturbed when Mr. Tillerson signaled during the hearing he would have recommended using force sooner when asked about real-world scenarios. The Secretary of State must be the consistent voice in any Administration that ensures the President has exhausted all diplomatic efforts before we put our brave men and women in uniform in harm’s way.”

Senate Debate and Vote

During the debate, supporters stressed Tillerson’s qualifications and the importance of confirming the president’s choice or this important position.

The affirmative vote of 56 was recorded by all 52 Republican senators plus three Democrats (Heitkamp (ND), Manchin (WV) and Warner (VA)) and Independent King (ME).

The negative vote of 43 was registered by  the other 42 Democrat senators and Independent Sanders (VT).

Conclusion

In the meantime, there have been at least four major developments linked to the future role of the State Department and its new Secretary.

First, a White House post, “America First Foreign Policy,” has no specific references to Cuba. But it does have this helpful general statement: In “pursuing a foreign policy based on American interests, we will embrace diplomacy. The world must know that we do not go abroad in search of enemies, that we are always happy when old enemies become friends, and when old friends become allies.”

Second, the White House has informed at least 13 career Foreign Service officers in charge of the State Department’s bureaus responsible for policy, security and other matters that they will not be retained in those positions. A Department spokesman said, “These positions are political appointments, and require the president to nominate and the Senate to confirm them in these roles. They are not career appointments, but of limited term.” However, as Nicholas Burns, former under secretary of state for political affairs during the George W. Bush administration and a longtime diplomat, said, “Normally the outgoing person would stay in the job until his or her successor is confirmed. What you don’t want to have is a vacuum without senior leadership.”[5]

Third, the Trump Administration on January 27 issued an executive order banning admission into the U.S. of all refugees worldwide and all immigrants from seven states with majority-Muslim populations while simultaneously welcoming Christian immigrants from those same countries. This immediately prompted lawsuits in federal courts across the country with a federal court in Seattle on February 3 issuing a temporary restraining order against implementation of the executive order and the U.S. Court of Appeals for the Ninth Circuit the next morning denying the Government’s motion to stay the lower court’s order.[6]

Fourth, in another immediate reaction to that executive order, over 900 State Department diplomats prepared and submitted a dissent cable objecting to that same executive order because of its impact on “green card holders, visa holders, visa seekers, the young, the old, and the sick.” [7]

On the periphery perhaps of the above turmoil is whether the Trump Administration will abandon or alter the Obama Administration’s pursuit of normalisation of relations with Cuba. As noted in a prior post, the Administration recently stated it has commenced an overall review of U.S. policies regarding Cuba, which in the abstract sounds like a reasonable thing to do. Previous statements by President Trump and Mr. Tillerson, however, suggest that a significant retreat is on its way, a development that would be very troubling to this blogger and other supporters of normalisation.[8]

=====================================

[1] Flegenheimer, Mike Pompeo Is Confirmed to Lead C.I.A., as Rex Tillerson Advances, N.Y. Times (Jan. 23, 2017); Schor, Senate panel approves Tillerson nomination, Politico (Jan. 23, 2017); Cama, Senate panel votes to confirm Tillerson, The Hill (Jan. 23, 2017); Demirjian & Sullivan, Tillerson approved by Senate panel as secretary of state, Wash. Post (Jan. 23, 2017).

[2] Harris, Rex Tillerson Is Confirmed as Secretary of State Amid Record Opposition, N.Y. Times (Feb. 1, 2017); Assoc Press, Senate Confirms Tillerson To Be   Secretary of State, Wash. Post (Feb. 1, 2017); Assoc. Press, Senate roll vote for Rex Tillerson for Secretary of State, Wash. Post (Feb., 1, 2017).

[3] Corker, Senate Foreign Relations Committee Approves Nomination of Rex Tillerson to Be Secretary of State (Jan. 23, 2017).

[4]Cardin, Cardin Statement on Tillerson Vote (Jan. 23, 2016).

[5] Gearan, Trump administration choosing to replace several senior State Department officials, Wash. Post (Jan. 26, 2017); Schwartz, Facing Replacement, Top State Department Officials Resign, W.S.J. (Jan. 26, 2017).

[6] E.g., Full Executive Order Text: Trump’s Action Limiting Refugees Into the U.S., N.Y. Times (Jan. 27, 2017); Ländler, Appeals Court Rejects Request to Immediately Restore Travel Ban, N.Y. Times (Feb. 4, 2017).

[7] Reuters, Trump’s Early Moves Spark Alarm, Resistance, N.Y. Times (Feb. 1, 2017); Biddle, New Memo from State Department Dissent Chanel Describes Anguish of Spurned Refugees, The Intercept (Jan. 31, 2017).

[8] These posts to dwkcommentaries.com have discussed preliminary indicators for the future of U.S.-Cuba relations: The Future of U.S.-Cuba Normalization Under the Trump Administration (Dec. 22, 2016); Secretary of State Nominee Rex Tillerson Addresses U.S. Policies Regarding Cuba (Jan. 12, 2017); Rex Tillerson, Secretary of State Nominee, Provides Written Responses Regarding Cuba to Senate Foreign Relations Committee (Jan. 23, 2017).

Increased Risk of Nuclear War

The increased risk of nuclear war was the sobering conclusion of remarks at a January 24 Global Minnesota event by Tom Hanson, the Diplomat in Residence at the Alworth Institute for International Affairs at the University of Minnesota-Duluth and a retired Foreign Service Officer.[1]

According to Hanson, we are now engaged in a extremely dangerous new arms race with a high risk of nuclear war. The U.S. is developing what it calls the Prompt Global Strike (PGS), which is a hypersonic, precision-guided, controllable-yield nuclear missile that can be delivered anywhere in the world within one hour.[2]

Moreover, just this past December, the U.S. confirmed that Russia has developed an undersea drone that can carry an enormous nuclear warhead that is capable of traveling underwater at speeds up to 56 knots to distances of to 6,200 miles and of submerging to depths of 3,280 feet. Russia calls the system “Ocean Multipurpose System ‘Status-6.” [3]

Others have sounded this alarm.

William J. Perry, U.S. Secretary of Defense (1994-97), last July said, “Today, the danger of some sort of a nuclear catastrophe is greater than it was during the Cold War and most people are blissfully unaware of this danger.” One of the many reasons for his assessment is both the U.S. and Russia are enhancing their existing nuclear arsenal and developing long-range cruise missiles that can be armed with conventional or nuclear warheads.[4]

General Sir Richard Shirreff, who served as Nato’s Deputy Supreme Allied Commander in Europe between 2011 and 2014, said that an attack on Estonia, Lithuania or Latvia – all Nato members – was a serious possibility and that the West should act now to avert “potential catastrophe”.[5]

On January 26, 2017, the Union of Nuclear Scientists advanced its doomsday clock 30 seconds to make it only 2.5 minutes to midnight, the closest it has been to that fateful hour since 1953. Two of the group’s officials said, “In 2016, the global security landscape darkened as the international community failed to come to grips with humanity’s most pressing threats: nuclear weapons and climate change.”[6]

“Making matters worse,” they said, “the [U.S.] now has a president who has promised to impede progress on both of those fronts. . . . Mr. Trump’s statements and actions have been unsettling. He has made ill-considered comments about expanding and even deploying the American nuclear arsenal. He has expressed disbelief in the scientific consensus on global warming. He has shown a troubling propensity to discount or reject expert advice related to international security.”

Other reasons for the change in the clock are the following:

  • “North Korea’s continuing nuclear weapons development, the steady march of arsenal modernization programs in the nuclear weapon states, simmering tension between nuclear-armed India and Pakistan, and stagnation in arms control.”
  • More specifically, “Russia is building new silo-based missiles, the new Borei class of nuclear ballistic missile submarines and new rail-mobile missiles as it revamps other intercontinental ballistic missiles. The [U.S.] is moving ahead with plans to modernize each part of its triad (bombers, land-based missiles and missile carrying submarines), adding capabilities, such as cruise missiles with increased ranges.”
  • “Doubt over the future of the Iran nuclear deal . . . in the Trump administration.”
  • “Deteriorating relations between the [U.S.] and Russia, which possess more than 90 percent of the world’s nuclear weapons.”

Conclusion

I was unaware of these recent technological reasons to be more fearful of a nuclear war. But I share the Union of Nuclear Scientists’ concern about Donald Trump’s having his finder on the nuclear button. As expressed in other posts, I believe that he is so uninformed about so many issues and so temperamentally impulsive and insecure that he could push the nuclear trigger at the slightest perceived personal or national insult.[7]

===================================

[1] Hanson’s analysis of the world order will be covered in a subsequent post.

[2] Prompt Global Strike, Wikipedia; Cong. Research Service, Conventional Prompt Global Strike and Long-Range Ballistic Missiles: Background and Issues (Feb. 24, 2016).

[3] Mizokami, Pentagon Confirms Russia Has a Submarine Nuke Delivery Drone, Pop Mech. (Dec. 8, 2016); Gertz, Russia has tested a nuclear-capable drone sub that could pose a strategic threat to US, Bus. Insider (Dec. 8, 2016).

[4] Hallin, The World, at the Brink of Nuclear War: “It is Only by Chance that the World has Avoided a Nuclear War,” Global Research (July 27, 2016).

[5] Cooper, Nato risks nuclear war with Russia ‘within a year,’ warns senior general, Independent (May 18, 2016).

[6] Krauss & Titley, Thanks to Trump, The Doomsday Clock Advances Toward Midnight, N.Y. Times (Jan. 26, 2017).

[7] Why Is Donald Trump Disparaging the Intelligence Community?, dwkcommentaries.com (Jan. 9, 2017); Comment: Other Observers Identify Trump’s Character Flaw, dwkcommenataries.com (Jan. 9, 2017); Comment: Another Columnist Nails Trump’s Character, dwkcommentaries.com (Jan. 10, 2017); Conservative Columnist George Will Condemns Donald Trump, dwkcommentaries.com (Aug. 8, 2016). Now New York Times’ columnist Charles Blow makes this explicit by calling Trump a compulsive liar: Blow, A Lie by Any Other Name, N.Y. Times (Jan. 26, 2017).

Why Is Donald Trump Disparaging the U.S. Intelligence Community?   

Last week I watched with dismay the discussion on the Charlie Rose Show about the ongoing fight between President-elect Donald Trump and the U.S. intelligence community. Rose and his guests (David Ignatius of the Washington Post, Michael Shear of the New York Times and Jeffrey Goldberg, the Editor of The Atlantic Magazine) kept trying to identify substantive (and erroneous) reasons for Trump’s denigration of the intelligence community and his apparent admiration of Russia and Vladimir Putin.

The real reason for Trump’s disparagement, in my judgment, however, is his fundamental character flaw that has been identified by Michael J. Morell, the acting director and deputy director of the Central Intelligence Agency from 2010 to 2013. In his January 6 New York Times article, Morell, wrote that Trump’s disparagement was damaging the intelligence community and would continue to do so. But it opened with this statement, “When I wrote in August 2016 . . . that Donald J. Trump’s character traits posed a national security threat, I didn’t imagine that the first manifestation of that dynamic could play out” with the CIA.[1]

Morell’s August 2016 article directly made the character flaw point.[2] He said, “the character traits [Mr. Trump] has exhibited during the primary season suggest he would be a poor, even dangerous, commander in chief.” Morell added, “These traits include his obvious need for self-aggrandizement, his overreaction to perceived slights, his tendency to make decisions based on intuition, his refusal to change his views based on new information, his routine carelessness with the facts, his unwillingness to listen to others and his lack of respect for the rule of law.”

These character flaws, according to Morell’s earlier article, were obviously seen by Mr. Putin who was “a career intelligence officer, trained to identify vulnerabilities in an individual and to exploit them. That is exactly what he did early in the primaries. Mr. Putin played upon Mr. Trump’s vulnerabilities by complimenting him. He responded just as Mr. Putin had calculated.”

===============================

[1] Morell, Trump’s Dangerous Anti-C.I.A. Crusade, N.Y. Times (Jan. 6, 2017).

[2] Morell, I Ran the C.I.A. Now I’m Endorsing Hillary Clinton, N.Y. Times (Aug. 5, 2016).

The Future of U.S.-Cuba Normalization Under The Trump Administration

Many U.S. citizens who welcomed the last two years of U.S.-Cuba normalization are worried about whether that policy will be continued by the future Trump Administration. Therefore, examination of past comments about Cuba by prospective members of that future administration is appropriate. Here is such an examination.

A prior post recounted the responses to the death of Fidel Castro from President-elect Donald Trump, Vice President-elect Mike Pence, prospective White House Chief of Staff Reince Priebus and Trump aides Kellyanne Conway and Jason Miller. The basic conclusion of their remarks was that Mr. Trump would be seeking a better deal with Cuba than the Obama Administration had negotiated.

More recently, at a December 16 “thank You” rally in Orlando, Florida, Trump told the crowd, “America will also stand with the Cuban people in their long struggle for freedom. Their support has been unbelievable. The Cuban people. We know what we have to do, and we’ll do it. Don’t worry about it.”[1]

Additional negative views about U.S.-Cuba rapprochement are found in comments by others in the prospective Trump Administration.

The most negative words came from Cuban-American Mauricio Claver-Carone, transition team member for the Department of the Treasury. After the election in an op-ed article in the Miami-Herald he argued,“Obama’s new course for Cuba has made a bad situation worse.” It concluded with this statement: “There’s no longer any rational strategy behind President Obama’s ‘Cuba policy.’ It has gone from what it initially portrayed as a noble purpose to pure sycophancy in pursuit of ‘historic firsts. Unfortunately, those Cuban dissidents who recognized Obama’s intent from the beginning and labeled it ‘a betrayal’ of their fight for freedom have now been proven correct. Their foresight has come at a terrible cost.”[2]

A similar hostile analysis of rapprochement come from Mike Pompeo, a Congressman from Kansas and the nominee for Director of the CIA.[3] Here are two examples. Immediately after the December 17, 2014, news of the release of Alan Gross from Cuban prison, Pompeo said, “Unfortunately, the Obama Administration has once again taken the opportunity to appease America’s enemies by releasing convicted spies, reviewing Cuba’s designation as a State Sponsor of Terror, and attempting to re-establish diplomatic relations with the Castro regime. In March 2016 Pompeo said, Obama’s trip to Cuba was “misguided for the flawed Cuba policy it represents,” including the dropping “ Cuba from the State Sponsors of Terrorism list, . . . [loosening] sanctions, and . . . [opening] a U.S. Embassy in Havana while there has been zero needed political reform, no increase in freedom, and inadequate loosening of Castro’s grip on power.”

General Michael Flynn, the proposed White House National Security Advisor, sees Cuba as an enemy. Promoting a book he co-authored (The Field of Fight), Flynn stated his belief that the U.S. is in “a global war, facing an enemy alliance that runs from Pyongyang, North Korea, to Havana, Cuba, and Caracas, Venezuela. Along the way, the alliance picks up radical Muslim countries and organizations such as Iran, al Qaeda, the Taliban and Islamic State.” (Emphasis added.) Another Kelly article says the world is divided into two sets of enemies. First, there are the radical Islamists, whom he sees as America’s principal foes. Then there is a constellation of hostile anti-democratic regimes that he calls “the alliance” that includes both Islamists and non-Islamists that collaborate against the West because we’re their common enemy. The alliance includes Russia, Syria, North Korea, China, Iran, Cuba, Bolivia, Venezuela and Nicaragua.” (Emphasis added.) [4]

Trump’s nominee for Secretary of State, Rex Tillerson, however, has not expressed an opinion on U.S.-Cuba relations. Only tangential clues turn up. [5] For example, Tillerson has negotiated multi-billion dollar deals with Putin and Kremlin-confidant Igor Sechin, the head of a Russian state-owned oil company who has negotiated oil deals with Cuba. But at ExxonMobil’s May 2014 annual stockholders’ meeting, Tillerson said the company had no plans to participate in Cuban deposits development by Russian oil major Rosneft because of U.S. sanctions against Cuba.

Guardedly positive comments about Cuba have been made by General John Kelly, the nominee for Secretary of Homeland Security, who recently served as the U.S. military’s Commander of the Southern Command with responsibility for the detention facility at Guantanamo Bay. Last January Cuba was a first-time participant in the Caribbean Nations Security Conference, when Kelly said, “We’ve normalized now and, regardless of how we think of each other in terms of politics, we have very, very common challenges.” Kelly also said that the Naval station at Guantanamo Bay is “strategically valuable” and should remain open after the detention facility is closed and possibly jointly operated with Cuba employing Cubans. At an earlier Pentagon briefing he said, “the Guantanamo Naval Base is a hugely useful facility to the United States.”

In an October 2015 interview, Kelly said that the U.S. “Coast Guard has worked with the Cubans over the years, but mostly in terms of rescue-at-sea and humanitarian activities. But the other four services – Army, Navy, Air Force, and Marines – have had zero relationships with the Cubans. There is a meeting called the “fence-line meeting” at Guantánamo where the Base Commander, a U.S. Navy Captain, meets about weekly with a counterpart on the other side. They talk and chat a little bit, but it’s not much of a relationship.’ In addition, “There are no drugs in Cuba.” [6]

As Kelly neared retirement as Commander of the Southern Command in January 2016, he said, “What tends to bother [terrorist groups and rights activists] . . . is the fact that we’re holding them [at Gitmo] indefinitely without trial … it’s not the point that it’s Gitmo. If we send them, say, to a facility in the U.S., we’re still holding them without trial.” If “ it were agreed Guantanamo should be closed, logistically it wouldn’t be hard, and remaining detainees could be held in the U.S.— “They’re not going to escape, for sure.”

One advocate for rapprochement in the Trump team is (or has been?) Kathleen (K.T.) McFarland, named as Deputy National Security Advisor. She has publicly backed open relations with Cuba. In 2014, she wrote “We must take steps now to ensure that Cuba doesn’t become a Russian or Chinese pawn, and thus serve as a launch pad to threaten America’s security were they to establish a military presence.” [7]

Basic Internet searches about the following members of Trump’s team failed to find any comments about Cuba: General James Mathis (Secretary of Defense), Vincent Viola (Secretary of the Army), Steven Mnuchin (Secretary of the Treasury), Wilbur Ross (Secretary of Commerce), Todd Ricketts (Deputy Secretary of Commerce), Nikki Haley (U.N. Ambassador) and Jeff Sessions (Attorney General).[8]

Conclusion

The above analysis of commentaries by members of the Trump team regrettably suggests a dim future for continuation of normalization of U.S.-Cuba relations. Those of us in the U.S. who believe that this is an erroneous move need to continue to advocate for normalization and to share that opinion with our Senators and Representatives, the Trump Administration and our fellow U.S. citizens.

======================================

[1] Lemmongello, Trump thanks Florida at Orlando rally, Orlando Sentinel (Dec. 116, 2016).

[2] Claver-Carone, Obama’s Cuba policy makes bad situation worse, Miami Herald (Nov. 16, 2016).

[3] Pompeo, Rep. Pompeo Responds to Shift in Policy with Cuba (Dec. 17, 2014); Pompeo, Independent Journal Review: Mr. President, There Is A Reason No U.S. President Has Visited Cuba for 88 Years (Mar. 21, 2016).

[4] Carden, The Real Reason to Worry About Gen. Michael Flynn, Nation ( Nov. 18, 2016); Totten, How Trump’s General Mike Flynn Sees the World, World Affairs (Nov. 30, 2016).

[5] Schoen & Smith, Why Rex Tillerson would be a disaster as Secretary of State, FoxNews (Dec. 13, 2016); ExxonMobil says not to cooperate with Russia’s Rosneft in Cuba, Prime Bus. Net (May 29, 2014). Tillerson’s close relationship with Sechin is covered in MacFarquhaar & Kramer, How Rex Tillerson Changed His Tune on Russia and Came to Court Its Rulers, N.Y. Times (Dec. 20, 2016) and Kashin, Rex Tillerson’s Special Friend in the Kremlin, N.Y. Times (Dec. 22, 2016).

[6] Assoc. Press, Cuba to attend security conference with US for first time (Jan. 12, 2016); U.S. Dept Defense, Department of Defense Press Briefing by General Kelly (Mar. 12, 2015); Lockhart, A Conversation with General John F. Kelly, SOUTHCOM Commander (Oct. 15, 2015); O’Toole, Here’s What America’s Longest-Serving General Most Fears, Defense One (Jan. 11, 2016).

[7] Ordońez, Trump’s been inconsistent on Cuba. Will Castro’s death make a difference? McClatchy DC (Nov. 26, 2016).

[8] As always I invite comments pointing out errors of commission or omission. No similar searches were done for Ryan Zinke (Secretary of Interior), Rick Perry (Secretary of Energy), Andrew Puzder (Secretary of Labor), Ben Carson (Secretary of Housing and Urban Development), Tom Price (Secretary of Health and Human Services), Betsy DeVos (Secretary of Education), Scott Pruitt (Administrator of Environmental Protection Agency), Linda McMahon (Administrator of Small Business Administration), Seema Verma (Administrator of Center for Medicare and Medicaid), Stephen Miller (Senior Advisor to President for Policy), Gary Cohn (Director of National Economic Council), Mick Mulvaney ( Director of Office of Management and Budget) and Don McGahn (White House Counsel).

Possible Amendments to the New Justice Against Sponsors of Terrorism Act (JASTA) 

As reported in a prior post, on September 28, the U.S. Congress overwhelmingly voted to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA) even though the Chair (Senator Bob Corker (Rep., TN)) and Ranking Member (Senator Benjamin Cardin (Dem., MD)) of the Senate Foreign Relations Committee and Senator Diane Feinstein expressed deep reservations about the wisdom of this law.

Immediately after the adoption of this law, Senator Corker and others expressed desires to change the new law.[1] Let us look at these concerns and efforts to amend JASTA.

Certain Senators’ Concerns

Senator Corker said he thought the issues could be addressed in the “lame-duck” /Senator session of Congress after the November election and that possible fixes included limiting the bill’s scope just to the Sept. 11 attacks, changing some of the technical definitions or thresholds in the bill and establishing a tribunal of experts who ‘could first determine if there was culpability there.’”

Without specifics Senate Majority Leader Mitch McConnell said there could be “potential consequences” of JASTA that are “worth further discussing.” House Speaker Paul Ryan said Congress might have to “fix” the legislation to protect U.S. troops in particular. Trent Lott, a former Republican Senate Majority Leader and now a lobbyist for the Saudis, said, “I do feel passionately this is a mistake for a variety of reasons, in terms of threats to troops, diplomats, sovereignty, there’s serious problems here. Hopefully we can find a way to change the tenor of this.”

 Saudi Arabia’s Reactions

On October 3 Saudi Arabia’s Cabinet released a statement criticizing the adoption of JASTA.[2] It said the new law was “a source of concern to the international community in which relations are based on the principle of equality and sovereign immunity, as this law came to weaken the immunity of the world guaranteed by the United Nations, its agencies and councils which were formed to preserve the legal sovereignty of all its member countries across the universe. Weakening this sovereign immunity will affect all countries, including the United States. [The cabinet] expressed hope that wisdom will prevail and that the U.S. Congress would take the necessary steps to avoid the bad and dangerous consequences that may result from the JASTA legislation.”

On October 20 U.S. Secretary of State John Kerry met with Saudi Arabia’s Foreign Minister Adel al-Jubeir. Afterwards the two of them held a joint announcement at the State Department.[3] With respect to JASTA, Kerry said:

  • We “did discuss [JASTA’s] very negative impact on the concept of sovereign immunity. And the interests of . . . [the U.S.] are at risk as a result of the law that was passed in Congress in the final days. And we discussed ways to try to fix this in a way that respects and honors the needs and rights of victims of 9/11 but at the same time does not expose American troops and American partners and American individuals who may be involved in another country to the potential of a lawsuit for those activities. Sovereign immunity is a longstanding, well-upheld standard of law, and unfortunately this legislation – unintentionally, I think – puts it at great risk and thereby puts our country at great risk. So we’re talking about ways to try to address that.”

Foreign Minister Adel al-Jubeir’s comments about JASTA were the following:

  • “I . . . want to add my voice to what the Secretary said about the importance of sovereign immunities. Sovereign immunities have been a cardinal principle of the international legal order that was established after the Treaty of Westphalia in the 1600s. The objective is to bring order to the international system. And where sovereign immunities are diluted, the international system becomes chaotic, and no country, and no government, is able to conduct its official business without having to worry about lawsuits. The United States, as the country with the biggest footprint in the world, of course has the most to lose by this, because you have operations all the way from Japan to South America to the Pacific, and I think that is why the vast majority of countries have come out vehemently and very strongly against . . . JASTA . . . for its dilution of sovereign immunities. And there have been a number of countries that are looking at reciprocal measures, and if this issue takes hold, we will have chaos in the international order, and this is something that no country in the world wants.”

However, neither gentleman provided details about so-called “fixes for JASTA.

Moreover, there already are “9/11 lawsuits” brought by 9,000 plaintiffs against Saudi Arabia consolidated in federal court in the Southern District of New York in Manhattan that had been dismissed, but will be resurrected under JASTA. Already there is talk about potential discovery and other pre-trial activity in the cases. This includes plaintiffs’ efforts to reinstate Saudi Arabia as a defendant. And on September 30 a new Sept. 11 lawsuit against Saudi Arabia was filed in U.S. District Court in Washington, D.C., on behalf of the widow and daughter of a Navy officer killed in the attack on the Pentagon.

However, Raj Bhala, a professor of international and comparative law at the University of Kansas Law School, opines that the “deck remains stacked against the plaintiffs” with their biggest challenge: persuading a court there is solid evidence of a direct Saudi government role in the 9/11 attacks.[4]

Other Reactions

On October 10 China’s Foreign Ministry said China opposes all forms of terrorism and supports the international community on anti-terrorism cooperation, but that such efforts should “respect international law and principles of international relations, including fundamental principles of nations’ sovereign equality.” Therefore, every country “should not put . . . [its] domestic laws above international law and should not link terrorism with any specific country, religion or ethnicity.” The Foreign Ministry also noted that China’s people and assets at home and around the world face a growing risk from terrorism, but it has a foreign policy of non-interference in other countries’ affairs.[5]

Many other countries oppose JASTA. France considers that laws such as JASTA would lead to a “legal chaos” at the international level. Russia has slammed the legislation as undermining international law. Turkey views JASTA as a law against the principle of individual criminal responsibility for crimes and expects it would be reversed shortly. Egypt’s Foreign Ministry warned that JASTA could have a dire effect on US international relations.[6]

Daniel Drezner, a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University, said JASTA was an example of “legislative fecklessness.” Immediately after the bill’s passage, Republican congressional leaders talked about the need to “fix” the bill and tried to blame President Obama for the problems by falsely claiming he had not made a strong case against the bill. But the president had vetoed the bill, publicly articulated the reasons for the veto and personally and through Administration officials had warned congressional leaders about the adverse implications of the bill. Thus, a “’stupid bill’ that adversely affects American national interests is now law.”[7]

A New York Times editorial, agreeing with Professor Drezner, said that the adoption of the bill over a presidential veto, was a new example of congressional “craven incompetence” and that JASTA should be repealed. A Wall Street Journal editorial also called for repeal.[8]

Conclusion

The only specific suggestions of ways to “fix” JASTA that I have seen are Senator Corker’s. The idea of creating a new tribunal presumably to assess whether a specific state has sponsored or aided and abetted acts of terrorism in the U.S. sounds too complicated, but there are not enough details about such an idea to have a detailed response. The same is the case for his other suggestion about changing some of the technical definitions or thresholds in the bill. The idea of limiting the law to 9/11, however, might be a way to see how such a law works out in practice before it is expanded to include any other situation as the law now stands.

Instead, I offer the following initial suggestions for amending JASTA on the assumption that repeal is not currently feasible:

  1. Assign exclusive jurisdiction over all civil actions under JASTA to the U.S. District Court for the District of Columbia and require or suggest that all such cases be assigned to a designated District Judge. That will assist the U.S. Departments of State and Justice, the White House and foreign governments in monitoring any such actions and eliminate the risk of inconsistent decisions at the District Court level and at the level of the federal courts of appeal. There is no reason to have any other federal courts involved in such cases and absolutely no reason to have any state courts so involved.
  2. Make the U.S. Government a necessary party to any such civil action.
  3. There should be limitations on permissible pre-trial discovery in such cases. Here is one way to do so. After answers to any complaint in any such civil action have been served and filed and before any other proceedings in the case, require the U.S. Government to provide its opinion as to whether the foreign state in any such case has sponsored or aided and abetted any acts of terrorism in the U.S. If the U.S. Government states that the foreign state has not sponsored or aided and abetted any act of terrorism in the U.S., then the civil action should be dismissed. If the U.S. Government states that the foreign state has so sponsored or aided and abetted, then the case should proceed to assess damages with appropriate discovery. If the U.S. Government states that it does not know whether the foreign state has so sponsored or aided and abetted, then the U.S. Government should propose a plan for discovery in the case to attempt to resolve that question as quickly and as inexpensively as possible with a prohibition of any discovery that is not included in such a plan.

Now we wait to see what bills will be introduced in Congress to amend JASTA.

===================================================

[1] Reuters, U.S. Lawmakers May change Sept. 11 Law After Rejecting Veto, N.Y. times (Sept. 30, 2016); Peterson & Lee, Congress Looks to Narrow Bill Allowing Terror Victims to Sue Foreign Governments, W.S.J. (Sept. 30, 2016).

[2] Reuters, U.S. Sept. 11 Law Weakens International Relations, Saudi Cabinet Says, N.Y. Times (Oct. 3, 2016); Saudi Press Agency, Press Release regarding JASTA (Oct. 4, 2016); Hubbard, Angered by 9/11 Victims Law, Saudis Rethink U.S. Alliance, N.Y. Times (Sept. 29, 2016).

[3] U.S. State Dep’t, Remarks with Saudi Arabian Foreign Minister Adel al-Jubeir After Their Meeting (Oct. 20, 2016) Reuters, U.S. Urges Houthis to Keep Ceasefire, Discusses JASTA With Saudi, N.Y. Times (Oct. 20, 2016). No additional details about any proposed “fixes” to JASTA were provided in response to questions at the State Department’s October 21 Daily Press Briefing.

[4] Mazzetti, Claims of Saudi Role in 9/11 Appear Headed for Manhattan Court, N.Y. Times (Sept. 29, 2016); Bravin, Lawyers Move Quickly After Congress Enacts Bill Allowing Suits Against Saudi Arabia, W.S.J. (Sept. 30, 2016).

[5] Reuters, China Backs Sovereign Immunity After U.S. Sept. 11 Bill Becomes Law, N.Y. Times (Oct. 10, 2016).

[6] Fotouh, JASTA: Real threats and hidden opportunities, Egypt Daily News (Oct. 24, 2016).

[7] Drezner, The unbearable idiocy of Congress, Wash. Post (Sept. 30, 2016).

[8] Editorial, Congress Has Itself to Blame for 9/11 Bill, N.Y. Times (Sept. 30, 2016); Editorial, Instant Senate Remorse, W.S.J. (Sept. 30, 2016).

Cuba’s Foreign Minister Advocates Cuban Interests at the U.N.

Foreign Minister Bruno Rodriguez
Foreign Minister Bruno Rodriguez

On September 22, Cuba’s Foreign Minister, Bruno Rodriguez Parilla, addressed the annual meeting of the United Nations General Assembly.[1] The next day he repeated some of the themes of this speech while talking at a meeting at the U.N. of the G77 + China, the intergovernmental organization of 134 U.N.-member developing countries that promotes their collective economic interests, their joint negotiating capacity on such issues and South-South cooperation for development.[2]

 Foreign Minister’s Speech to the U.N. General Assembly

“The statistics could not be more eloquent. 80% of the world population owns only 6% of the wealth, while the richest 1%, enjoys half the heritage of the planet. No less than 795 million people suffer from chronic hunger. 18,000 children die daily because of poverty. More than 660 million use non-potable water and 780 million adults and 103 million young people are illiterate.”

“The huge nuclear and conventional arsenals and annual military spending of 1.7 billion million dollars, belie those who claim that there are no resources to eliminate poverty and underdevelopment.”

“The waves of refugees into Europe, caused by underdevelopment and NATO interventions, show the cruelty, the oppressive nature, inefficiency and unsustainability of the current international order . . . .”

“2015 was also the worst in terms of climate change, with increasing global temperatures, melting of polar ice, the ocean levels and volume growth emission of greenhouse gases. . . . While it is expected that the industrialized countries will make progress in fulfilling the obligations assumed with the ambiguous Paris Agreement, only tangible data on financing and technology transfer to developing countries may justify hopes of survival of the human species.”

“Peace and development are the raison d’être of the [U.N.] For the human species, it is imperative and urgent . . . to create a culture of peace and justice as the basis of a new international order. . . . For peaceful coexistence among States, it is essential to respect the [U.N.] Charter and international law.”

“The UN must [combat] unilateralism and . . . be thoroughly reformed in order to democratize it and bring it closer to the problems, needs and aspirations of peoples in order to make it capable of [moving] the international system towards peace, sustainable development and respect for all human rights for all. The reform of the Security Council, both in its composition and its working methods, is a task that can no longer be postponed. Strengthening the General Assembly and rescuing [its] functions that have been usurped by the Security Council should guide the search for a more democratic and efficient organization.”

Rodrigues also supported the rights of the people of Palestine, the Sahara, the Syrian Arab Republic, Russia (and against NATO), Venezuela, Colombia (and their agreement to end the conflict with the FARQ), Brazil (and against “the parliamentary coup d’eta against President Rousseff”) and Puerto Rico.

He praised Cuban medical personnel who are “working in [61 countries in] all continents . . . for the life and health of humans” and criticized the U.S. Parole Program for Cuban Medical Personnel that seeks to interfere with such beneficial medical programs.

On the other hand, he recognized that “just over a year has passed since the restoration of diplomatic relations between Cuba and the United States and the reopening of embassies.” Since then “there has been some progress in our bilateral ties, especially in diplomatic affairs, dialogue and cooperation on issues of common interest, as reflected in the high-level visits, including the visit of President Barack Obama, and the dozen agreements signed on issues that can bring benefits to both countries and throughout the hemisphere.

However, “the reality is that the [U.S. embargo] blockade remains in force, continues to cause serious damage and hardship to the Cuban people and continues to hamper the functioning of the economy and its relations with other countries. Executive measures adopted by the [U.S.}, although positive, are insufficient.” Therefore, the Cuban government “will present [this October] to the Assembly the draft resolution entitled ‘Necessity of Ending the Economic, Commercial and Financial Tax by the United States of America against Cuba.’”

In the meantime, “the Cuban government [will continue to develop] a respectful dialogue with the [U.S.] Government, knowing that remains a long way to go to move towards normalization, which means building an entirely new bilateral relations [model].” For this to be possible some day, it will be imperative that the blockade [be] . . . lifted” and that the territory [allegedly] illegally occupied by the Naval Base of the United States in Guantanamo” be returned to Cuba.

“The Cuban people continues [to be engaged in updating [its] economic and social model . . . in order to build an independent, sovereign, socialist, prosperous and sustainable nation.”

 Foreign Minister’s Speech at Meeting of G-77+ China

Rodriguez emphasized what he called “the historical debt owed to the nations of the South by the industrialized countries that built their wealth from centuries of colonialism, slavery and plundering of natural resources. This debt needs to be settled by [the industrialized countries] paying [the nations of the South] with financial flows and technology transfers.”

“The external [financial] debt [of the South] must be abolished because it already has been paid many times.”

The Cuban Foreign Minister of Cuba also advocated a direct and active participation of the South in global decisions.

He reiterated Cuba’s allegations against the U.S. economic, commercial and financial embargo (blockade) despite the recent rapprochement between the two governments. More will be heard on this subject when Cuba this October presents its annual resolution against the embargo to the General Assembly

Conclusion

There really was nothing new in these remarks, but it is heartening to hear again that Cuba continues to pursue normalization with the U.S. and to updating its economic and social model in order to build a more prosperous society.

================================

[1] Rodriguez, The UN must be defended [against] unilateralism and at the same time, it must be deeply reformed to democratize, Granma (Sept. 22, 2016); At UN, Cuba cites progress in US relations, but with embargo still in force, ‘there is a long way ahead,” UN News Centre (Sept. 22, 2016).

[2] Our country wants to settle historical debt to the South, Granma (Sept. 23, 2016).

Conservative Columnist George Will Condemns Donald Trump

This blog recently has discussed the severe criticism of Donald Trump by a Wall Street Journal editor and by other conservatives and Republicans. Another longtime conservative commentator, George Will, also has aggressively condemned Donald Trump, both before and after the latter’s July 21 Republican presidential nomination. Moreover, in June, when Trump was the presumptive nominee, George Will changed his party affiliation from Republican to “unaffiliated” because of Trump.[1]

Here are at least seven of these condemnations by Mr. Will.

Pre- Nomination

1.Donald Trump relishes wrecking the GOP[2]

Trump “boasts of his sexual athleticism, embraces torture and promises to kill terrorists’ families.” He has “ myriad [religious] conversions-of-convenience.” More importantly for Will, Trump has disavowed Will’s conservative milestones by liking the Obamacare mandate and by opposing Social Security reform and reductions.

2. The albatross of a Trump endorsement[3]

 “Trump’s distinctive rhetorical style — think of a drunk with a bullhorn reading aloud James Joyce’s ‘Finnegans Wake’ under water — poses an almost insuperable challenge to people whose painful duty is to try to extract clarity from his effusions.”

“Trump, the thin-skinned tough guy, . . . has neither respect for nor knowledge of the Constitution, and he probably is unaware that he would have to ‘open up’ many Supreme Court First Amendment rulings in order to achieve his aim. . . . [of chilling] free speech, for the comfort of the political class, of which he is now a gaudy ornament.”

Trump, “whose breadth of . . . ignorance is the eighth wonder of the world, actually thinks that judges ‘sign’ bills. Trump is a presidential aspirant who would flunk an eighth-grade civics exam”

3. Do Republicans really think Donald Trump will make a good Supreme Court choice?[4]

Trump is “a stupendously uninformed dilettante who thinks judges ‘sign’ what he refers to as ‘bills.’ There is every reason to think that Trump understands none of the issues pertinent to the Supreme Court’s role in the American regime, and there is no reason to doubt that he would bring to the selection of justices what he brings to all matters — arrogance leavened by frivolousness.”

“Trump’s multiplying Republican apologists do not deny the self-evident — that he is as clueless regarding everything as he is about the nuclear triad.”

4. If Trump is nominated, the COP must keep him out of the White House?[5]

“Donald Trump’s damage to the Republican Party, although already extensive, has barely begun. Republican quislings will multiply, slinking into support of the most anti-conservative presidential aspirant in their party’s history. These collaborationists will render themselves ineligible to participate in the party’s reconstruction.”

“If Trump is nominated, Republicans working to purge him and his manner from public life will reap the considerable satisfaction of preserving the identity of their 162-year-old party while working to see that they forgo only four years of the enjoyment of executive power.”

5. How entangled with Russia is Trump?[6]

After bewailing Trump’s many statements supporting Russia and Putin, Will says it “is unclear whether any political idea leavens the avarice of Trump and some of his accomplices regarding today’s tormented and dangerous Russia. Speculation about the nature and scale of Trump’s financial entanglements with Putin and his associates is justified by Trump’s refusal to release his personal and business tax information. Obviously he is hiding something, and probably more than merely embarrassing evidence that he has vastly exaggerated his net worth and charitableness.”

 Post- Nomination

 6. Trump’s shallowness runs deep [7]

Trump’s “speeches are . .syntactical train wrecks. . . . [He] rarely finishes a sentence. . . . [But maybe] he actually is a sly rascal, cunningly in pursuit of immunity through profusion.

“The nation, however, is . . . [being damaged] by Trump’s success in normalizing post-factual politics. It is being poisoned by the injection into its bloodstream of the cynicism required of those Republicans who persist in pretending that although Trump lies constantly and knows nothing, these blemishes do not disqualify him from being president.”

7. The sinking fantasy that Trump would defend the constitution,[8]

According to Will, “Trump knows nothing about current debates concerning the [Supreme Court’s]. . . proper role.”

Moreover, Trump has erroneous views on what Will regards as “the two most important [Supreme Court] decisions this century.

Trump has criticized Citizens United v. Federal Elections Commission, 558 U.S. 310 (2010), which held corporations have a first amendment free speech right to make financial political contributions and which Will favors on the ground that “Americans do not forfeit their free-speech rights when they band together in corporate form to magnify their political advocacy.”

The other case, Kelo v. City of New London, 545 U.S. 469 (2005), held, 5-4, that a municipal government “behaved constitutionally when it bulldozed a residential neighborhood for the ‘public use’ of transferring the land to a corporation that would pay more taxes than the neighborhood’s residents paid to the government.” For Trump, his “interests as a developer and a big-government authoritarian converge in his enthusiasm for Kelo.” Will, however, thinks this decision “did radical damage to property rights.”

In addition, Will decries President Obama’s use of executive orders, which Trump promises to expand.

Conclusion

Although I disagree with George Will on the various political issues he discusses in these columns, I do endorse his condemnation of Donald Trump’s temperament, judgment and knowledge.

==================================================================

[1] Diaz, George Will: Trump’s judge comments prompted exit from GOP, CNN (June 21, 2016).

[2] Will, Donald Trump relishes wrecking the GOP, Wash. Post (Feb. 21, 2016).

[3] Will, The albatross of a Trump endorsement. Wash. Post (Feb. 28. 2016).

[4] Will, Do Republicans really think Donald Trump will make a good Supreme Court choice, Wash. Post ( March 18, 2016).

[5] Will, If Trump is nominated, the GOP must keep him out of the White House, Wash. Post (April 29, 2016).

[6] Will, How entangled with Russia is Trump?, Wash. Post (July 29, 2016).

[7] Will, Trump’s shallowness runs deep, Wash. Post (Aug. 3, 2016).

[8] Will, The sinking fantasy that Trump would defend the constitution, Wash. Post (Aug. 5, 2016).