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Why Back-Channel Diplomacy Does Harm.

The unprofessional attempts to set up a back-channel diplomatic effort in Ukraine are a great example of how not to run a government.

President Donald John Trump has apparently used back-channel diplomacy on multiple occasions and not just in the case of Ukraine for which he will likely be impeached. Setting aside the issues of impeachment for the moment, the question arises why back-channel, off-book things like those perpetrated by Rudy Giuliani are so dangerous.

The watch-word here is surprise. The official channels are at risk of being blindsided by facts they aren’t prepared for. They may find out that promises were made that either cannot be kept, or that required more care to complete than is possible in the needed time frame. Members of Congress are at risk of supporting bills that are at cross purposes to those of what is the de facto policy being pursued by the administration. Businesses and individuals that trust the policy of the country and invest in foreign markets may find their positions eroded by sudden shifts they couldn’t predict.

But the easiest mistake to make with the most dangerous game that Donald John Trump has played is outright warfare erupting (or existing conflicts made worse) due to miscommunication. An ally expecting a promise to be kept and finding it unkept (this actually happened, for those keeping score), or an adversary expecting a concession that does not come, and suddenly a countermove is interpretted to be unprovoked aggression and the result is destabilization. There is nothing more foolish than a simpleton like Donald John Trump thinking it’s okay to muck about with the well-defined and necessary diplomatic processes.

War is bad enough when necessary, but when you botch your way into one, that’s a stupid and wasteful thing.

Okay, but war is not the most likely scenario. Loss of international respect and trust is much more common. That is likely both for the United States, and also between other nations uninvolved, because there’s a kind of tragedy of the commons nature of trust between nation states. If a big, proud nation like the USA is seen as lacking in trust, other countries tend to trust each other less as well.

There are also major security risks in employing folks to handle policy that are not versed in security and are not following protocols designed to limit security risks. Breaches can make matters all the worse by allowing adversaries to outmaneuver efforts or sow dissent among allies who are hearing different policies roll out simultaneously.


The Republicans should put themselves in Ukraine’s shoes and ask, if Donald John Trump had promised to fill their campaign coffers, and he called them and said, “I’d like you to do me a favor, though,” requesting some fraudulent press statement as a condition of releasing their campaign funds, would they not think it bribery? They would. But they already go along with that, because that’s the situation Republicans are in: the favor is normalizing and covering up for Donald John Trump’s many misdemeanors (and spending money at Trump Organization properties), and the payoff is their reelection prospects (particularly in primaries) are bolstered by his lack of opposition if not his support. They have had their own quid pro quo with Trump this whole time.

And the American people, if their boss at work said, “I have a bonus for you. I’d like you to do me a favor, though.” If their boss asked them to fabricate some paperwork for a bonus? Same thing. Cut the crap, Republicans. What Donald John Trump did is wrong, and the law requires acknowledging that. Who we are as Americans requires us to see it for what it was.

A Lot is Going On for 12 October 2019

Combination post about the news from early October 2019.

The president has pulled troops back in Syria, allowing Turkey to invade and attack the Kurds. Most everyone is opposed to this, and yet the Republicans can only be so critical before they worry it will hurt their next primary. Donald John Trump is unfit to be president, and everyone knows it, but only one party can actually say it and act to do something about it.

But speaking of unfitness, you have the likes of Apple, the NBA, Blizzard Entertainment, and ESPN, all trying to appease China’s authoritarian bullshit. Not with chocolate cake, this time, but with various moves to promote their worldview, either against Hong Kong, against Taiwan, or in favor of an unfounded claim over a body of water they share with about five other countries. The preference for short-sighted profit motives does not surprise, but it does prove to be the losing side of things. The day will come when China inevitably democratizes (whether as a whole or as a set of separate states), and those citizens will remember the failure of these companies and institutions when that day comes. They will not remember them fondly.

One cannot imagine a tale of modern international history being portrayed in Chinese cinema, because they cannot tell the truth. They don’t teach it properly in schools, and they don’t portray it in their media. A society cannot be built upon amnesia. As America continues to reckon with its own past, we should recognize that other nations face that challenge, too, and worse, are far less equipped to face it. That amnesia is exactly what these corporations are supporting, for a buck.

There’s no power for chunks of California while the power company out there tries to decide if it’s safe to turn back on. Rather than do sufficient work to clear fuel on the front end, they’ve decided it’s more efficient to not make money for days at a time and hope that the weather changes. It seems better than having major fires, but one would suspect that clearing the fuel around lines would be the easier and saner way to go.

And that’s not even getting to the ongoing impeachment saga. The president continues to deny that he’s accountable for anything. The White House even sent a letter saying that impeachment was contrary to the law. One wonders, given all the times Donald John Trump has received beautiful letters from Kim Jong Un, why the White House never sends beautiful letters (re: impeachment or otherwise).

New revelations continue to come out about various worries officials have had from other phone calls and incidents. One suspects before it’s all over, Trump will claim Clinton won the election and it’s all her fault for not contesting the vote and taking the job. He already tried to pin the blame for the call on Secretary of Energy Rick Perry.

On the other hand, we’re finally having another Democratic debate this Tuesday (15 October 2019). Will be good to see the gang back together. Will be good to see Senator Bernie Sanders back at it. If the Republicans could find it in their hearts to ever have this kind of sanity in a group running for their nomination, it would be a great blessing for our nation.

If Impeachment, then Trial.

Thoughts about how impeachment will proceed from the House to the Senate.

There’s a lot of questions floating around the journals of late about impeachment. The basic flavor, from both the left in fret and the right in hope, is will the Senate shrug? The majority leader has said they will take them up, but then came suggestions of the inevitable motion to dismiss.

The first thing is that you will never see articles move out of the House unless Speaker Pelosi and her colleagues find them damning enough for four or more Republicans to vote with the Democrats against dismissal on at least one of the articles. Perhaps the only way the House moves on articles without that locked down is if the Senate Republicans signal they have given up entirely on their oaths and take to the Mall to fly kites. At that point, the House would vote articles to place an asterisk on this chapter in American history so that future generations will note how craven a party can become under the poison spell of a filthy fool like President Donald John Trump.

To go through preliminaries—which they’ll need to before they can receive a motion to dismiss—and then accede to such a motion would be disastrous. They would have set the stage for a trial, with the public’s understanding already formed, and then said there’s nothing to be done about that understanding. It would speak against the entire purpose of the separation of powers—that, the executive being unable to properly investigate and indict emself, must have eir actions subject to review by a separate branch. If that separate branch cannot bring itself to successfully review executive actions, we have a whole systemic breakdown.

From the timber of the Trump–Ukraine (now –China?) scandal to-date, at least a handful of Republicans should vote against dismissing some of the articles. Such motions are a low bar in all but the most worthless cases, whether civil or criminal. The fact of the coverup using the code-word NSC system, the fact of the attempts by Secretary of State Pompeo to block testimony, the facts of Attorney General Barr and the citizen Giuliani jetting about and phonecalling to dig up dirt, all point to there being enough witnesses and awareness of the wrongdoing to push this into the territory of impeachment. There was something else…. Oh—the call itself, where the President directly asked a foreign government for dirt on a political opponent!

The other reason that the Senate would want to hold a full trial is that they should want the thing put to bed, either way. If they refused to hold a real trial upon the basis of valid and dire articles of impeachment, the House could simply reissue them again and again, to drive home the point much the way that parents waking their children find particularly grating ways. If the Senate dispensed anything approaching real justice, allowing for the case to be presented, and then decided to acquit, at least history would be served, if not justice.

Which brings us to Chief Justice Roberts. He will preside over any presidential impeachment. He represents the third branch, but the main reason for his presence is that a removal of a president automatically elevates the vice president, which means the vice president has a natural conflict. To obviate the conflict, the chief justice presides in his place. And in that role, he is the presiding officer of the body, including the fact that he may break ties on votes requiring a majority. Under Senate precedents, Roberts will offer preliminary rulings on legal questions before the body, subject to reversal or affirmation by a majority of the body. He also reads out the questions posed by senators, in writing.

All of which is to say that the Senate has that extra reason to behave in the midst of an impeachment trial. They will not want to make Roberts look bad. They will not want to cast a bad reflection upon our judiciary.


A reminder: impeachment and removal are there to fix the government. They are not punishment; any criminal behavior can be prosecuted after removal and punished accordingly. The question of removing President Trump boils down to the fact of his abuse of our standing in the world to seek personal benefits, which is a matter that surely harms our national interest and our security particularly.

For now the matter remains in the House, where the inquiry is getting started. It’s unclear how the House will proceed, with some folks on the right calling for it to be formally voted as an inquiry and held inter partes as the Nixon and Clinton inquiries were. If the House Republicans wish that vote so badly, they are free to push a resolution to that end and vote for its adoption (rather than the feckless resolution they’re seeking on Representative Schiff for paraphrasing the readout of the Trump–Zelensky call). Instead, their entire strategy seems to be more about the lack of any defense for the president’s wrongdoing. That said, one expects a vote at some point, and that the president’s counsel will be allowed to participate, if only to ensure the get a close-up view of the grave position this White House is now in.