Posts Tagged ‘USA’

Constitutional Coups.

datePosted on 16:28, September 4th, 2016 by Pablo

When people think about coups d’etat, they tend to think about armed interruptions of the constitutional order, usually perpetrated by the military against an elected government. Such was the case with the abortive coup staged by elements of the Turkish military against the government of Recep Erdogan last July. Note that I do not say “democratically” elected governments, as usurpations of the constitutional order can also happen in electoral authoritarian regimes such as that of Hosni Mubarak in Egypt in 2011 (only to be followed by a “full” coup against the subsequently elected Muslim Brotherhood government of Mohamed Morsi in 2013).

The traditional origins of such forms of regime change, known as golpes de estado in Spanish, do in fact hark back to military interventions against civilian governments, and that remains its most common form. But another form of coup has emerged, minus the bloodshed and state of emergency so often associated with military-led coups (I say military-led because it is very seldom the case that the armed forces act alone when moving against the government of the day). Rather than an interruption and suspension of the institutional process by military means, it is a usurpation from within the institutional order by constitutional means. Rather than bullets fired by soldiers it is ballots cast by politicians that overturn the will of the people prior to scheduled elections. The insurrectionists belong to and work within the political system. This is what is now known as a constitutional coup. In order to understand this new form of “golpismo” we need to consider two background factors.

First, liberal democracy comes in two forms: presidential and parliamentary systems. Although they are a possibility in parliamentary systems (such as having the government dissolved by the Governor General, as occurred in Pakistan in 1953 and Australia in 1975), constitutional coups most often happen in presidential systems. By their very nature parliamentary systems have built-in insurance against constitutional coups because there are established means to remove a government, specifically via votes of no-confidence followed by snap elections. The rules governing both the vote and the election may vary from country to country, and there may be a ruckus surrounding such events, but they are an integral part of parliamentary democracy and, some might argue, a much finer tuned aspect of democratic governance than that allowed by its alternative.

Presidential systems provide no such mechanism for the removal of governments prior to their end of term. By definition, any such move constitutes an institutional crisis as the system is based on a separation of executive power from legislative authority. In parliamentary systems the executive (in the form of cabinet) continues to act as a parliamentary faction, to include ministers discharging responsibilities as members of parliament. In presidential systems that is not the case and executive authority can often be confronted by or exercised against legislative majorities (as is currently the case in the US). No matter what the majority in the legislature may wish, it cannot simply call for a vote of no-confidence in the government of the day. In fact, it has no legal basis to do so.

When the legislative and executive branches in presidential systems are locked in impasses or stalemates over any number of potential issues, the resolution mechanism boils down to supermajorities in the former and veto powers in the latter. Ideally, in bicameral legislatures the resolution sequence is usually this: the president introduces or supports a bill submitted for approval by the legislature. The opposition obtains a supermajority against the bill in the lower house, which is vetoed by the president, which is then upheld or overturned by a supermajority in the upper house. In unicameral legislatures the sequence is either one and done or a second legislative supermajority vote is taken after a veto in order to ratify or overturn the veto. Neither of these resolution paths provide a mechanism for the removal of the executive.

This process is cumbersome but offers the benefit of providing space for compromise between the executive and legislature as a bill winds its way through the ratification process. But what about removal of an elected government before its term is up? That is where the second key backdrop factor comes into play: disloyal opposition.

Long term KP readers will recall my earlier writing on this subject.  But for those who are not, here is a nutshell refresher on what constitutes loyal and disloyal opposition in a democracy (there is no point in using those terms in authoritarian regimes).

Loyal oppositions are those that, having been defeated in elections or confronted by an opposing party in executive office (remember, the problem is unique to presidential systems), abide by the rules of the political game and wait for the next electoral opportunity to gain executive power. During the meantime they work as much as possible to find areas of compromise so that the machinery of governance can continue to serve the public good (or at least be seen as doing so). Even if token, concessions are exchanged so that consensus on issues of policy can be achieved. Only in the most egregious case of executive misconduct, usually involving criminality or gross negligence, does a loyal opposition begin to contemplate the unthinkable, which comes in the form of impeachment (that is, forcing the resignation of the executive under pressure from the legislature backed by the authority of law enforced by state security agents).

Disloyal oppositions are those that refuse to accept the outcome of elections and/or the legitimacy of a particular government and use their political influence and power to bring down that government by any means short of force. This includes being deliberately obstructionist when it comes to passing legislation, flaunting rules governing acceptable political discourse, manipulating or colluding with media to plant false accusations against incumbents, refusing to authorise budgets and confirm executive appointments, and generally acting in every possible way to stymie government policy initiatives, make it impossible for the executive branch to function effectively within the tripartite, separation of powers framework of constitutional government, and to promote discontent with and distrust of the government and its political supporters.

The classic modern instance of a disloyal opposition was the Christian Democratic led opposition to Salvador Allende’s Unidad Popular government in Chile from 1970-73. The result of that disloyalty is well known. But not all disloyal opposition need result in full fledged military coups. Instead, they can veer down the path of the constitutional coup. Consider the case of Bill Clinton’s impeachment in 1998-99. In late 1998 the Republican controlled House of Representatives voted to impeach Clinton on two counts of perjury and two counts of obstruction of justice. The charges related to his accounts of the affair he had with White House intern Monica Lewisky, the salacious details of which were vividly spelt out by Independent Counsel Ken Starr (Starr has recently been forced to resign from his position as president and chancellor of Baylor University for his role in covering up sexual assaults on females by football players). Mr. Starr was appointed by the Speaker of the House at the time, Newt Gingrich, he of the three marriages and many affairs (including with subordinates).

In 1999 the Republican controlled Senate held a trial and voted on the charges. Needing a two thirds (67 seat) majority for the impeachment to succeed and with 55 Senators on the Republican side, the impeachment vote failed when 50 voted in favour on the obstruction charge and 45 voted in favour on the perjury charge. Clinton remained in office, albeit significantly hamstrung by his near-miss.

The issue here is that the impeachment was over a private sexual affair, not an act of public malfeasance . It was led by people who themselves had similar skeletons in their closets and who did so in part just to weaken the president even if their efforts to impeach him failed (given media coverage of the story). More specifically, it was not about gross incompetence, criminal behaviour, military mismanagement, or even lying to Congress about any matter of policy. Instead, it was about the president receiving fellatio from and using a cigar as a sex toy on Ms. Lewinsky during trysts in the Oval Office, then trying to cover it up. It is doubtful that the founding fathers, in Article Two (Section Four) of the Constitution, had this in mind when they wrote that impeachment was to be used only in exceptional circumstances involving “treason, bribery or other high crimes and misdemeanours.”

That is a slippery slope. And nowhere is the bottom of that slope more evident than in the recent impeachment of leftist President Dilma Rousseff of Brazil.

Brazil has history with impeachment. In 1992 then president Fernando Collor de Mello resigned after Congress voted in favour of his impeachment on charges of bribery and misappropriation of funds. Similar charges of “budgetary mismanagement” were brought against Ms. Rousseff in 2016 by a Congress dominated by the center-right PMDB, Brazil’s largest party, which has the most seats in Congress (66) and is the one to which her vice president Michel Temer belongs (the coalitional aspects of Brazilian politics are too complex to get into here but suffice it to say that Rousseff was trying to keep her friends and allies close and her enemies closer. That did not work out as planned). By the time the first reports of fiscal irregularities surfaced in 2015, the PMDB-led majority in Congress had gone full-blown disloyal in a context of economic stagnation and assorted crises (Zika, lack of Olympic preparations) and were itching to find a reason to remove Rousseff (who was not anywhere as popular as her Workers Party predecessor Luis Ignacio “Lula” da Silva). The investigation into financial wrongdoing gave them their window of opportunity.

The charges against Rousseff stemmed from “Operation Car Wash” (Operacao Lava Jato) into bribery and corruption involving the state oil monopoly Petrobras, assorted construction firms, politicians, bureaucrats and financial entities. Without going into the details, let’s just say three things: First, corruption is a way of life in Brazil, not just an aspect of how the economic and political elite behave (hence the phrase fazer jeito, or ” a way of doing things” on the sly). Of those legislators demanding her impeachment and who voted against her at the Senate trial, over a dozen are being investigated or have been charged with corruption themselves, including now-president Temer. Included among the luminaries who voted to oust her is a former Army officer who was involved in her torture when she was imprisoned by the military dictatorship in the early 1970s, and who said during the proceedings that it would have been best that she were killed while in custody.

Secondly, creative accounting by Brazilian governments is a time-honoured tradition that crosses party lines. Most reputable political and financial analysts agree that not only was Ms. Rousseff not personally involved or benefitted by dodgy Treasury figures, but that in the scheme of things the book fiddling done by her government was not criminal but in fact par for the course in Brazil. Unfortunately for her, Article 85 of the Brazilian constitution and the Fiscal Responsibility Law specifically prohibit mismanagement and disregard for the federal budget. This was the seldom used rope that Congress hung her with.

Thirdly, no impeachment in Brazil can occur without the tacit assent of the armed forces. Of all the sordid aspects of Rousseff’s impeachment, this is the most sobering one. 30 odd years after they returned to the barracks, Brazil’s military still sees forced removal of elected presidents as a viable option–so long as it does not involve them directly.

This is why what happened in Brazil a week or so ago was a constitutional coup. Impeachment is the weapon of choice for the constitutional coup plotters, but their intentions are disloyal and their objectives sinister at heart. Their motivations have nothing to do with honesty and transparency in government or defending democracy. Instead, they are about playing the system for tactically opportunistic partisan gain.

Brazil is not the only Latin American country to have suffered a constitutional coup. In 2012 Paraguayan President Fernando Lugo was impeached and removed from office, ostensibly because of his mishandling of a land occupation that ended in violence. He was given two hours to prepare his defense, and was replaced by his Vice President, who sided with the legislative opposition against him. Subsequent publication of US embassy cables by Wikileaks revealed that as early as 2009 opposition leaders had begun to discuss using impeachment as a way of ousting Lugo from office (Lugo was elected in 2008). They eventually succeeded.

There is a problem with this strategy: more than one side can play that game, and learning curves may teach that rather than the exception, the use of impeachment in pursuit of a constitutional coup can become the new norm. That in turn can spur a contagion effect, whereby politicians in other democracies with presidential systems see merit in pursuing similar courses of action. Worse yet, repeated recourse to constitutional coups as partisan weapons can lead to outright military intervention, at which point the return to the traditional form of coup trumps any constitutional niceties.

One should take this into account when pondering the activities of political actors in presidential-system liberal democracies, be they big and small. Because in a world where military-led coups are considered particularly thuggish and therefore distasteful, the constitutional coup is the genteel authoritarian’s game.

Moment or Movement.

datePosted on 20:09, August 25th, 2016 by Pablo

Barring some disaster, Hillary Clinton will win the US presidential election in November. That poses an interesting question for the US Left, because the defensive support for her offered by Sanders supporters and other progressives in the face of the Trump alternative can only be considered to be more than a short-term tactical ploy if her administration adopts progressive policies. Otherwise it is, as many have accused, continuation of politics as usual or Obama 2.0. This is, of course, at the heart of the negotiations between the Sanders camp and Clinton’s people at the DNC policy platform meetings, and it remains to be seen if the Clintonites will make good on their promises.

That brings up the perennial problem for political activists: how to turn a moment into a movement. US commentators are already using the phrase with regard to the Sanders primary run and the impact it will have on a future Clinton presidency. Some think that he has run his course, that status quo Democratic policies will prevail, and that the forces that his campaign galvanised will either go mainstream or dissipate into another pool of apathy and disenchantment. Others believe that to the contrary, the Sanders campaign has stirred new life into the American Left and that his campaign legacy will have an impact on how Clinton approaches the Oval Office.

It is a tough one to call. It is clear that Clinton needs to cater to Sander’s supporters in order to win the election. She cannot dismiss them before November 8 but could in theory do so afterwards, especially if the Democrats regain control of the Senate (they only need to win four seats) and make inroads into the Republican House majority (the Democrats would need a turnover of more than thirty seats to regain control of the lower chamber). The situation is made worse for progressives if Clinton wins by a landslide (anything over seven points) because she can point to a “mandate” that does not include them. That will be also be the case if political nihilists on the Left opt to “blow up the system” by voting for Trump or minor party candidates in large numbers. The latter will tighten the race unnecessarily (in Clinton’s eyes) and will, should she win, see her turn her back on the post-modern New Left wing of her party (I use the term “New Left” not in the sense of the 1960s Left but in the sense that post-modern progressives in the US are not in their majority affiliated with unions or other traditional organisational sources of Democratic electoral power). After all, she can say that they turned on her and she still won because the US political centre preferred her over Trump. She can feel justified in believing that she does not need the New Left to govern and therefore should not push policy initiatives at their behest.

Assuming a Clinton victory, the ideal situation for US progressives is twofold: most of Sanders’ supporters and others on the Left opt to vote for Clinton and she wins by a relatively close margin (say, between 3-5 points); and vote for Democratic candidates in key congressional districts knowing that a progressive presidential agenda needs congressional support in order to become law. That requires voter education (on the whys and hows of linking down-ballot choices to the presidential race and how executive-legislative relations can impact decisions with long-term consequences such as Supreme Court nominations) as well as mobilisation in favour of the progressive policies adopted by the DNC at the platform negotiations (and perhaps more).

In that preferred scenario, because Clinton will understand that she absolutely required a groundswell of New Left voters to win a close race, it will be harder to abandon them once victory is achieved. Even more so, it will be virtually impossible to renege on the progressive agenda if key wins by Democrats in Congressional races were owed to the participation of New Left voters.

So the Bernie “moment” in the primaries also has to become a dual proposition in the general election and post-election phases of the campaign if it is to become a movement. The New Left need to continue to mobilise in support of Clinton during the weeks leading up to November 8 and they need to continue to pressure her administration, both directly and through the elected Congressional candidates who needed their support to win, after she assumes the presidency and the 115th US Congress is convened in January 2017.

In other words, the transformation of the Sanders moment into a New Left movement requires one other “M:” momentum. That momentum has to be sustained through November and into the next administration and congressional term if the moment is to become a movement.

That is where some dark clouds arise on the Clinton electoral horizon, and they are not caused by Trump. In the purported interest of “balance” (regardless of the outright campaigning on his behalf by conservative media outlets), mainstream news organisations are delving into her emails while Secretary of State, into her relationship with Clinton Foundation donors while in office, into why she does not hold press conferences (which is patently self-serving on the news agencies part) and even into spurious conspiracy theories about her health. These investigative efforts go beyond reporting on official FBI investigations of Clinton’s use of a private email server during her tenure as SecState and in spite of the fact that none of her activities while in office have been linked to any policy decision or personal favour offered on her part. For reasons known only to Julian Assange and his comrades, Wikileaks has targeted her communications and those of the DNC, both independently as well as in cooperation with Russian-based hackers, while neglecting to do so with those of Trump and the RNC.

Any one of these lines of inquiry have the potential to divert attention and resources away from her policy agenda and could even derail her campaign if found to contain seriously negative substance (nothing of which has been found so far in spite of the best efforts of the Trump campaign and its media lackeys). So the onus is on Clinton to re-energise her support base in the face of these dishonest and scurrilous attacks and to re-focus on the policies that she will bring to the Oval Office and share with her Congressional colleagues. That is where the New Left vote is vitally important. Just as Trump has his core base in middle aged white working class lower educated people, Clinton has a core base in urban professionals. But both of them need to expand their appeal outside of those cores, and it is the New Left that Clinton needs to court most assiduously. That gives the New Left leverage on her and they need to know how to judiciously take advantage of it.

To be sure, the GOP is working to separate the New Left from Clinton. It may not get the attention that trying to divorce Trump from down-ballot GOP candidates has received from the RNC, but Republicans clearly want the Sanders crowd to alienate from Clinton whether or not they vote for another candidate like Jill Stein (Green). For the GOP, getting the New Left to stay at home rather than vote is just as important as getting them to adopt the nihilist approach of voting for spoilers.

This is made interesting by the fact that Libertarian presidential candidate Gary Johnson is polling at around 10-12 percent and has received financial backing from erstwhile big GOP donors, while Jill Stein is polling around 5 percent. Usually third party candidates barely receive 10 percent of the vote in a US general election, so the fact that these candidates could receive 15  percent or more changes the dynamics of the presidential race quite dramatically. That reinforces the need for Clinton to get out the New Left vote on her behalf in significant numbers, something that will allow her to build momentum in the run up to election day and which in turn means that she must accept the fact that the Bernie moment has become a progressive movement. This will annoy her backers on Wall Street and corporate America, but they also can see the dangers of having a populist demagogue with Tea Bagger tendencies occupying the White House. For them as well as many on the New Left, she is the lesser evil.

It will be interesting to see how things play out over the next 9 weeks. Two things are certain: every vote will count this time around and what is now a moment of opportunity can only be transformed into a sustainable movement if the New Left puts, however reluctantly or sceptically, its collective weight behind the Clinton campaign in order to build the momentum of progressive change beyond election day.

Let’s hope that I am not wishful thinking.

No Hard Feelings?

datePosted on 15:47, August 2nd, 2016 by Pablo

Sources in the US Navy have revealed that it will send an Arleigh Burke class guided missile destroyer to the RNZN 75th anniversary celebrations in November. The details of the participating ship have been sent to the New Zealand government but have not yet been released. However, I have it on good information that the ship will likely be the USS William P. Lawrence (DDG110). It is part of Pacific based Destroyer Squadron 21 and home ported at Naval Station San Diego. It is a relatively new ship, having been launched in 2009, christened in 2010 and entered into service in 2013.

Arleigh Burke class destroyers are gas turbine propelled and under peacetime conditions carry no nuclear munitions. So whether it is the USS Lawrence or a sister ship, the requirement that the visiting US grey hull be neither nuclear propelled or armed will have been met.

If indeed it is the ship being sent, the USS Lawrence has an interesting recent history. In May 2016 it participated in the freedom of navigation exercises the US Navy conducted in and around the Fiery Cross Reef in the disputed territories of the South China Sea that China has been building a reclaimed island upon. It has also conducted anti-poaching patrols and fisheries inspections in the Western Pacific in conjunction with local and regional fisheries agencies as well as the US Coast Guard, and undertook a recent port of call in Suva, Fiji. It most recently participated in the 30-nation Rim of the Pacific (RIMPAC) exercises off of Hawai’i. In its present deployment it serves as something akin to a regional USN “guard ship” for the Southwestern Pacific. It even has its own Facebook page.

Readers will know that I publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. My reasoning was that the hospital ship could symbolise the humanitarian side of US naval operations (something that is a core mission of the RNZN) and could even do stop-overs in island states on the way to and from Auckland in order to offer check ups and exams, vaccinations and other medical assistance to disadvantaged Pacifika populations. Sending a hospital ship would be good PR for the US Navy and would also help defuse some of the opposition to the visit because it would look pretty silly for an activist flotilla to try and block an unarmed humanitarian vessel when other nation’s gunships received no such hostile welcome.

But no. That would be too much to ask of the US Navy. Instead, what they are sending is a ship of the destroyer class that succeeded the class of which the USS Buchanan (DDG-14) was part. In 1985 the USS Buchanan had pretty much the same role that the USS Lawrence does today. So after all of these years of acrimony, the US Navy has decided to send NZ the same, updated version of the boat that it tried to send in 1985.

Symbolism, much?

A note on the US navy ship visit.

datePosted on 12:51, July 22nd, 2016 by Pablo

So the US has agreed to send a ship to the RNZN 75th anniversary celebrations in November. That means that it has accepted New Zealand’s non-nuclear policy and will send a ship that is neither nuclear armed or propelled. It may have taken 33 years for it to finally loosen up on its “neither confirm or deny” policy when it comes to nukes on board, but the US realises that the geopolitical and strategic environment in which that policy was adopted is long gone and has been replaced by another in which continuing to adhere to it is a matter of hubris that is both churlish and counterproductive. Given the pressing realities of Chinese strategic competition in the Western Pacific and elsewhere, the US needs to consolidate its alliance commitments in the region. If acknowledging New Zealand’s non-nuclear stance is one way of doing so, than any loss of face is well worth it.

Pundits on the NZ Left and Right have claimed that NZ has “won” in its dispute with the US and that it is a great “victory” for the anti-nuclear movement that took to the waters of the Waitemata Harbour three decades ago. Quite frankly, I find the crowing about victory to be infantile because there were many other factors at play and decisions such as this are not a simple matter of win or lose. Moreover, with the Wellington and Washington agreements and RNZN participation in the annual US-led RIMPAC naval exercises, the bilateral military relationship between New Zealand and the US is pretty much back to first-tier partner status regardless of the symbolic stand-off about nukes. Add to that the fact that US nuclear submarines regularly patrol around (and some suggest in) NZ territorial waters, and the reality is that NZ’s non-nuclear status does not impede US naval operations near its shores regardless of what is said in public.

The issue of the US “relenting” is all about context. First off, the strategic environment has changed considerably. It is well known that US surface ships, with the exception of carriers, are all diesel power and as of 1991 have not carried tactical nuclear munitions. Even if resurgent, Russia no longer poses the global nuclear threat to the US that it once did, and although China has emerged as the giant’s rival in the last two decades, it still has limited capacity to project blue water force deep into the Pacific in a measure that would constitute a direct challenge to US maritime interests. However, the Chinese are working hard to address that imbalance, evident in their land reclamation projects in the South China Sea and their overtures to South Pacific island states with regard to naval port visits and fishing rights, something that the US views with concern and which in part motivates Vice President Biden’s whirlwind tour of the region this week. Likewise, the re-establishment of the Russian Pacific Fleet also signals that the era of US maritime supremacy is now subject to contestation, so the US well understands that it needs all of its military allies working off of the same page when it comes to these new challenges. Recognizing the RNZN on its anniversary is one small way of doing so.

More importantly, from the moment President Obama stepped into the Oval Office he made de-nuclearization a cornerstone of his foreign policy. The Iran nuclear deal, the increased sanctions levied on North Korea, the slowing of advanced weapons sales to Pakistan, the repeated attempts to engage in bilateral strategic ballistic missile reductions with Russia–all of these efforts were undertaken as part of Obama’s vision of a safer world. It is therefore completely logical given his commitment to a world without (or at least with lesser amounts of) nuclear weapons, that under his administration the US would relent on the issue of NZ’s non-nuclear policy. In fact, it can be argued that the Obama administration wants to highlight its agreement with the principled commitment to a non-nuclear stance by authorising a US ship visit on a ceremonial occasion with symbolic significance given that several other nuclear powers will be among the 30 odd nations sending naval vessels to the celebrations–including its new competitors.

I have publicly suggested that the US send the USS Mercy, a hospital ship home ported at Pearl Harbour. It would symbolise the humanitarian aspects of naval deployments that the RNZN claims as one of its core missions and would defuse the grounds for opposition of protesters who see US warships as imperialist death platforms. Surprisingly, this suggestion has been ridiculed by some (most on the Right) who say that a ship without guns is not “exciting” and is not a real naval vessel. Given that navies around the world have tenders, tankers, tugs, intelligence collection vessels and assorted other non-combat ships, it strikes me as strange that some people think that the US decision to send a navy ship is a victory for NZ and yet that victory must be confirmed with a warship visit as opposed to something with a non-combat purpose. Given that the NZDF spends much time publicising its non-combat, peacekeeping and humanitarian roles, I would have thought that a visit by a US naval vessel whose purpose was something other than kinetic operations would be perfectly suited for the occasion.

In the end the decision by the US to accept the invitation to send a ship to the RNZN anniversary celebrations was a triumph of good sense over bureaucratic intransigence within the US defense establishment, pushed as much by the president’s commitment to a nuclear weapons-free world as it is by the evolving strategic realities in the Western Pacific Rim that require the US to consolidate its military alliance commitments in the region. Some in NZ may think that it “won” and the US lost with its change of posture, but a simple glance at geopolitical realities suggests that it was not the NZ non-nuclear movement that forced the change so much as it is the influence of much broader factors in a context when haggling about nukes on board is about as relevant to modern naval warfare as is arguing about the relative merits of spinnakers and mainsails.

Media Link: The US election circus.

datePosted on 11:09, July 16th, 2016 by Pablo

I have just returned to NZ after a month traveling in the US. While there I spent a fair bit of time talking with political friends and former colleagues, and it has been refreshing to see that there are plenty of people who see the situation for what it is rather than succumb to the uncritical and conservative media-induced notion that Donald Trump represents a genuine alternative to the political status quo and a real hope for positive change.

Now that he has chosen a troglodyte conservative white male governor from one of the most reactionary states as his Vice Presidential running mate, the die has been cast for one of the most remarkable acts of party self-destruction in modern times. That will become apparent over the next few days as the Republican convention unfolds in Cleveland. Expect riots both inside and outside the convention arena, and with less than a handful of significant senior national level Republicans and at least four (other) Trumps on the speakers list, this could be one of the best inbred political dog and pony shows ever seen. Let the fireworks begin!

I shall write more on the US elections between now and November (when the general election is held). For the moment here is a NZ radio interview I did while in the US that covers some recent developments.

Bernie the spoiler.

datePosted on 13:39, May 19th, 2016 by Pablo

Things are getting interesting on the Democratic side of the US presidential primaries. Although Hillary Clinton is on pace to win the nomination, Bernie Sanders continues to dog her steps with wins that keep him, if not within striking distance of securing the nomination himself, close enough in delegate count and popular support to narrow the gap between them to the point that she cannot claim a decisive mandate as the nominee. That is important because if the trend continues, and especially if he can stay close or win in California in early June, he can arrive at the convention armed with demands that will have to be met if he is to throw his support behind her in the general election. There is already talk of him running as an independent (which is what he was until he entered the Democratic primary). That would prove disastrous for the Clinton campaign and could turn the presidential race into a mirror image of two divided major parties having candidates from within their ranks running as spoilers against their convention nominees.

Let us be very clear on one thing: Bernie is right when he says that the Democratic nomination process is stacked against him. Between interest group super delegates whose loyalty is pledged to Clinton regardless of primary results to the closed primary process itself, there has been concerted effort by Democratic party bosses to keep his numbers down by denying independents the right to vote and counter-balancing the popular vote with super delegate selections. He has, quite frankly, been cheated on more than one occasion and that does not even take into account the more underhanded tactics used against him by the Democratic National Committee.

This spilled over recently in the Nevada Democratic convention, where a pro-Clinton state party chairperson overruled Sanders supporter’s motions and sat Clinton delegates rather than those pledged to Bernie. The convention descended into chaos and the chairperson, a woman, was inundated with vicious misogynistic physical threats mainly from the so-called “Bernie Bros,” presumably angry young men. Although Sanders issued a one line sentence condemning violence in a three paragraph statement about that convention, the bulk of it was dedicated to highlighting the underhanded moves made by the chairperson and her minions. He followed that with a victory speech after the Oregon primary (which he won handily) in which he remained defiant, belligerent and determined to take his campaign to the convention. He does not appear to be in the mood for reconciliation with Ms. Clinton.

Needless to say, Democratic Party leaders, Clinton supporters and many liberals are freaking out over this. They see Sanders as a sore loser given that he knew what he was getting into when he joined the party last year in order to run for the nomination. They see his candidacy as interfering with the streamlined selection process that was supposed to result in a unified consensus backing Clinton. More importantly, they see his intransigence and talk of a third party run as handing the keys to the Oval Office to Donald Trump, especially given that some Republican Party luminaries are lining up behind the Orange Crush as a matter of partisan duty regardless of what the consequences may be should he become president. In fact, however reluctantly, the Clinton haters within the GOP and their media surrogates appear to be coalescing behind Trump at the same time that the fractures within the Democratic Party are getting more pronounced. No wonder Democrats are freaking.

I am less concerned than my liberal US friends about this because I think that Sanders is playing his cards correctly. The reason is because I think that what he is playing is a variant of the “moderate-militant” strategy. A moderate-militant strategy is one where a militant objective is announced as a first negotiating point and pursued until an opposing actor makes moderate concessions to the militant. Rather than the militant goals, the real intent is to secure moderate gains. The militant starting point is just a negotiating ploy designed to force the opposing side to move towards it in the hope of securing an agreement.

In the Sanders version, the strategy is to run his campaign on “socialist” principles all the way to the convention. By playing hardball and not wavering before it, he forces the Clinton camp to accept the fact that without him they cannot win and with his supporters opposed they will certainly lose the general election. If Sanders arrives at the convention armed with a strong contingent of delegates in spite of all the manoeuvres against him, he can threaten to tell his supporters to either not vote or cast their ballots against her in the general election. In that case it is very likely that Clinton will concede on important issues and incorporate them into her policy platform before she is declared the nominee. This decision will be made easier by the GOP partisan consolidation around Trump, which brings closer to reality the heretofore unimaginable prospect of his presidency. Given her own negatives, she can no longer rely on loathing of Trump as a guarantee of a defensive vote turnout against him. She needs Bernie more than he needs her, and his playing tough all the way to the convention is a way of underscoring that point.

The worst thing that Sanders can do is concede or pull out of the race before the convention. Were he to do so he would lose any bargaining position he might have had at the convention because for the militant-moderate strategy to work it must be held steadfast until the other side makes a conciliatory move. Given their differences, including opposing views on whether to embrace corporate reform and accept special interest political financing among many other things (such as the US position on Israel-Palestine), it would be a waste of all the time, resources and effort he and his supporters have put into his campaign to abandon it before they have a chance to make their case at the common gathering. Instead, the best bet for his voice being heard strongly at the convention is to press on all the way to it, and then some.

Under no circumstances should Sanders accept Clinton’s assurances on key policy issues in return for his quitting the race and throwing his support to her. I would not trust the DNC and Clinton camp as far as I could throw them. Instead, he must make a condition of his support that the party write in the concessions to his policy demands into the presidential campaign platform adopted at the convention. It may not make for an airtight guarantee once she is elected but it will be much better than relying on her good faith that what was promised will be delivered come January 2017.

If the Clinton camp is smart they will realise that Sanders has brought something new into the party, which given the polarisation of the country and who they are running against, can be a key to their success in November. They must understand how he is playing the game and why he is doing so. They must understand that offering him a position in a Clinton administration is not what he is after and would not suffice to mollify his supporters in any event. They must study their positions in advance and see where they can concede readily and where negotiations on substantive issues will be harder. But what they must understand most is that the chances of a Clinton victory in November rest as much on gaining his support as they do on her own qualifications and experience.

If that is understood, the remaining primaries can be contested vigorously (if not honestly) with a mind towards clearly demonstrating the policy-based platforms of the Democratic candidates versus the empty rhetoric, simple-minded prescriptions and opportunistic bombast coming from the other side. Once that is done, the convention can become not only an arena of contestation between contending ideas about how to take the country forward, but also an opportunity to exchange concessions in order to present a unified front to the voting public. Therein lies the recipe for success in November.

“Culture wars” as election year bait trapping.

datePosted on 12:31, May 16th, 2016 by Pablo

One proven strategy for campaigns that have little substantive by the way of policy to offer and which are trailing in the polls is to drop any pretence of having a grounded policy platform and instead turn to populist demagoguery while casting slings and arrows at opponents. The most common is the “sky is falling” approach, whereby the social and political backdrop to the campaign is cast as one of doom and gloom, with armageddon-like results if the opposition wins. Those undertaking this strategy depict the struggle as a fight between good and evil, as a last chance to roll back the hounds of hell bent on devouring what is left of the good ole days and the traditional way of doing things. The key to the strategy is to divert public attention from core policy issues and towards incidental yet highly emotive areas of social exchange where purchase can be made of difference, uncertainty and fear.

In the current US election campaign, that is precisely what the GOP candidates, Donald Trump in particular, have been doing. They frame the contest as if the US was staring at the abyss as a result of the Obama administration, with Hillary Clinton as the lead horsewoman of the apocalypse. This is designed to tap into American’s deep sense of insecurity and pessimism even if the reality of the US condition suggests that many of these concerns–which are held mostly but not exclusively by conservatives–are both exaggerated and unfounded.

The GOP version of the sky is falling approach has twist in that it invokes so-called “culture wars.” The notion that the US is in the midst of “culture wars” started out as an anti-political correctness theme among conservative politicians and media commentators. It has now morphed into an all-encompassing attack on so-called progressive and “secular humanist” socio-economic reform and social changes that may or may not have been pushed by political actors. It is resurrected by the media and political Right every election year. For example, conservatives today rail against the outsourcing of US jobs done supposedly in order to curry favour with foreign trading partners even though in the past they have no issue with the dynamics of globalized production. And yet it is has been advances in robotic technologies rather than politicians that have displaced blue collar shop floor jobs in the US, and the US is not the only place where this has happened. For this crowd abortion is not an individual choice but state-sanctioned murder, and scientific research that uses fetal tissue is part of a vast death machine targeted mainly at (potential) white christians. The so-called “War on Christmas” is really an attack on Christianity and the Judeo-Christian foundations of the Republic. In this appeal, the siren call is that it is time to make a stand and confront the usurpers of the traditional faith, however illusory they may be.

The same folk have reacted viscerally to the Black Lives Matter movement, reviving some unhappy ghosts of the past in doing so, by seeing it as a group of self-entitled freeloaders, enablers, opportunists (yes, Al Sharpton is there), plus assorted and occasionally organised thugs who seek to divert responsibility from their collective lack of values as well as the actions of people of colour who have brought lethal police attention upon themselves (in spite of the compelling evidence of epidemic-level police shootings of unarmed black men). They see in Muslims an insidious fifth column bent on imposing Sharia law and usurping the American dream from within. They consider gay marriage as an assault on the sanctity of straight marriage (in a country with a divorce rate of over 50 percent of straight marriages) and the incorporation of openly gay members in the military as a sign of its deliberate weakening. They see universal health care as the imposition of “socialism” and yet another assault on individual freedom of choice. The see attempts at tighter gun control as the antecedent to federal imposition of martial law. The see feminism as the beginning of the end for the traditional family. They take refuge in xenophobia and bigotry as bulwarks against “progressivism” and the inevitable national decline that they believe that it entails.

And, to put it mildly, many of these people see the current US president as representative of all of these maladies. His upcoming trip to Hiroshima encapsulates the view: despite the White House issuing a public statement saying that the president will not apologise for the nuclear attack on the city and will lay a wreath to pay his respects for the innocent civilian dead, conservatives are using this as further evidence of his plan to destroy America while invoking Pearl Harbour as a reason his apology is treasonous (ignoring the fact that senior Japanese government officials have laid wreaths at the Pearl Harbor memorial in the past).

These commentators see progressive brainwashing everywhere, from the “liberal” (yet somehow corporate) media to every level of the educational system. They see indolence and disrespect amongst their youth and expressions of non-Caucasian ethnic pride as the divisive product of political correctness. They basically see the US going to hell in a hand basket.

The entire premise of the sky is falling/cultural wars strategy is defensive. It is designed to prey on people’s fears of losing what they have and their insecurities about keeping or improving on what they have in an uncertain future marked by rapid demographic and social change in an age of global flux. It makes a dark possibility seem like an imminent reality. It is a push-back reaction rather than a forward-looking progression. It plays, ultimately, on ignorance, and in the US there is plenty of ignorance to go around.

The resort to such a strategy would be laughable except for one thing: it works. It diverts people’s attention away from difficult matters of national policy and on to things that have deeply personal resonance and which touch on primitive instincts and desires. Its appeal is unthinking and visceral rather than cerebral and critical. The more raw and emotional the appeal, the more likely the target audience will react spasmodically to it. In doing so, those who invoke that response are able to counter the policy prescriptions of their opponents without really engaging with them.

That is why I am puzzled by the Obama’s decision to push legal action to facilitate transgender use of toilet facilities based on self-identity, not physical traits. Actually, it is not the legal recognition of transgender rights that bothers me but the timing of the push for them. Why could this not have waited until the next presidential term, especially since Hillary looks to win and even Trump is not opposed to the move?  Or is that why the initiative is being made now, as it can be seen as further dividing the GOP base from its presumptive presidential candidate?

If so, I think that it is an unnecessary and counterproductive ploy. By pushing for transgender rights at the particular time the White House has thrown a lifeline to the troglodyte Right, who in turn can pressure the GOP elite and Trump to wage war on such a cultural abomination. Already we hear the clamour about perverts lurking in little girl’s toilets, and The Donald’s penchant for flip flopping on issues is well known, so why on earth start up this particular culture war when a year from now passage of transgender rights legislation would have less electoral impact?

If I was a Democratic strategist I would urge the Party and its candidates to not be baited into culture war debates. That will only trap them in a no-win circular shouting match about science and daily practice grounded in “common” versus “good” sense based on different ideas about ethics and morality–but not intellectually honest or informed  people but with aggregations of the mental equivalent of Trump’s Mexican built Wall.

Instead, I would urge them to laugh at sky is falling arguments and refute them with the facts. The country is getting more colour in its demographic, has become more tolerant of non-traditional lifestyles, has robust religious diversity, has innovative production and entrepreneurship and remains, regardless of what the GOP doomsayers claim, economically strong and relatively secure in spite (rather than because) of its foreign military adventures. It may not be utopia or even the mythological house on the hill, but it sure ain’t a bloated carcass of decadence floating towards oblivion (unless you are referring to the GOP itself, in which case the analogy applies).

The Democrats should focus on what Gramsci referred to as “touching the essential,” that is, the real state of the economy and national affairs, addressing the real problems of average people in proper perspective (and there are plenty to consider), and offer practical (and practicable) solutions to specific policy issues. That will leave the GOP to bark into the wind about girly men, safe spaces and serial adulterers. Because when the dust has settled on November 8, the sky will still be there and the cultural wars of the Right will have been lost yet again.

Defensive voting and split tickets.

datePosted on 14:31, May 3rd, 2016 by Pablo

As part of the ongoing effort to clarify some aspects of the US elections this year, this post focuses on two tactics: defensive voting and ticket splitting. Some readers may already be familiar with both concepts, but for those who are not, here is brief outline of what they involve.

Defensive Voting.

Defensive voting is the act of voting against someone by casting a ballot for their opponent not out of loyalty or agreement with the position of the opponent, but out of fear of the possibility of the disliked candidate winning. This may be due to a number of reasons but is usually based on a lesser evil approach: In order to prevent a greater evil from occurring in the form of a detestable candidate being elected, voters choose whatever alternative candidate is available who stands a chance of preventing the “bad guy” from prevailing. The idea is simply to prevent an unpalatable candidate from electoral victory even if the alternative is not entirely palatable either. There may be variations on this approach, such as voting for a clearly marginal candidate in order to help sideline a legitimate opponent, but the basic premise for such tactical voting is prevention, blocking or denial, not support, affirmation or promotion.

This is another reason why the US presidential race is so interesting. Polls show that Donald Trump and Hillary Clinton are the most detested front-running candidates in US presidential history. Ted Cruz is equally loathed across the political spectrum. That means that more than the vote of their supporters, what will decide the outcome in November is who has the largest defensive voter turnout against them. A micro version of this scenario will play out at both major party conventions, since the “anyone but Trump” Republican factions and the Bernie Sanders supporters in the Democratic Party will, at least initially, vote against the front runners as much because of their dislike of them as out of support for their own candidates.

Depending on what happens at the conventions, in November it is entirely possible that some if not many Republican voters will vote for Clinton (should she win the nomination) or an independent candidate rather than Trump. Likewise, Sander’s supporters, if he does not win the nomination and receives no policy concessions in the Clinton platform, could well turn to a third party candidate such as that of the US Green Party. That could seriously tighten the race and perhaps even lead to a Trump victory, which from the standpoint of many progressives would simply help sharpen the contradictions in the US political system and lay the foundations for more significant change down the road (I refuse to use the term “revolutionary” because unlike Sanders and his supporters I have a full understanding of what social revolutions entail, and that does not include participating in deeply institutionalised electoral processes).

If the presidential race comes down to Clinton versus Trump or Cruz, then the deciding factor will be who has the most votes cast against them rather than for them. Given the intensity of negative feelings towards all of this motley crew, it could lead to a record turnout on both sides of the political divide and give previously non-committed Independent voters, particularly those who were not able to vote in closed primaries, a decisive role in the election.

Ticket splitting.

Those familiar with MMP understand this concept well. The  “split ticks” versus “two ticks” phenomenon is simple to grasp: you can either vote for a party and a candidate from that party in a general election (giving “two ticks” to the party vote and that party’s candidate from your electoral district), or you can split your party vote from your member vote (say, by voting for Labour in the party vote and a Green candidate in the member vote).

This type of voting is unusual in the US. Political parties tend to discourage so-called vote splitting because in most elections whole slates are presented as a ticket by the party to voters, for offices ranging from president to the local dog catcher. Even though voters, in practice, do split their votes among national, state and local offices, at the national level the US electoral system largely operates in binary, either/or fashion. That makes it a rare day when parties urge their supporters to split their national-level votes.

This year that day has come. Some in the GOP leadership are floating the idea that, should Trump win the party nomination, people should split their votes in the presidential race from their votes “down ticket,” that is, for other elective offices. The GOP has very real reason to be concerned that a Trump defeat could trickle down through the Senate, House of Representatives, Governorships and even important mayoral races. With that in mind, they are asking their supporters to vote Republican down ticket even if they do not vote for Trump (and in fact many in the GOP are urging voters to vote for anyone but Trump). As mentioned in my previous post, a shift in six Senate seats restores a Democratic majority to it. In the House the shift will have to be much larger but even one that decreases the Republican majority close to or below the 2/3 mark needed for passage of legislation can be devastating for GOP prospects during the next congressional term. With several prominent Republican politicians tainted by their endorsement of Trump (such as New Jersey governor Chris Christie), the chances of his dragging the entire party down with him are considered to be very possible. Thus the open calls for vote splitting on the part of some in the Republican leadership.

On the Democratic side there is less interest in vote splitting although Sander’s supporters are urging him to run as an independent if he loses the Democratic nomination for president. Should he do so, then his supporters will engage in vote splitting as well, voting for him rather than Clinton but voting for Democratic candidates down ticket. That will be what tightens the presidential race, as barring unforeseen circumstances Sanders can only act as a spoiler in the campaign for the White House. This is the most likely reason why the Clinton camp will be inclined to offer him significant policy concessions at the convention, which not only will mollify his supporters but also could help increase their defensive vote against Trump.

The Outlook.

Of course, in no small part because she is a female in a country that still has issues when it comes to gender and higher office, Clinton may have more defensive votes cast against her than those cast against Trump or Cruz. In that case the stage will be set for the mother of all federal government meltdowns once either Republican candidate assumes office, since whoever it is will very possibly be fighting Congressional Republicans as well as the Democrats from his perch in the Oval Office, to say nothing of many state an local authorities. But given those who have been scapegoated by Trump and Cruz’s neo-medieval social outlook, framed against the demographics of the country, the more likely scenario is that defensive minded voters turn out in droves, many of them splitting their tickets on the conservative side,  and Clinton rides to victory, perhaps in a landslide.

In the meantime, let’s get back to our popcorn and beverages and watch the circus/trainwreaks primaries continue to unfold.

Some details about the US election campaign.

datePosted on 14:45, April 22nd, 2016 by Pablo

Coverage of the US election in NZ is pretty bad. The local media pundits are shallow at best and take their lead from US cable news services. The best analyses are either reprints or canned footage from US media outlets or in local political blogs (save the rabid frothing on certain reactionary outlets).

Since I get to vote in the elections I follow them pretty closely. Also, having been  based in the US for the twenty years prior to my arrival in NZ, I have practical experience with them, to including voting in 6 states. Because the coverage in NZ is sketchy on certain key details and because it follows the crude narrative of the Yank media, I figured I would offer a short primer on some key details leading up to the Republican and Democratic conventions in a few months.

Open versus closed primaries. 

Primary elections are held in all 50 states and US territories during presidential election years in order to award delegates to candidates pursuing the presidential nomination of their respective parties. The amount of delegates is based upon the number of registered members of a party in a given state, divided among the number of congressional districts in that state. In some states the awarding of delegates is a winner take all affair, while in others it is proportional to the number of votes each candidate receives out of the total number of people voting in a party’s’ primary. In some states there are caucuses instead of primaries, which are more consultative and informal than elections and offer greater leeway in delegate selection and commitment to candidates. Of course, like so much else in US elections, there is a fair bit of gerrymandering and dubious exchanges involved in delegate apportionment, but the general principle is as outlined.

In “closed” primaries only registered supporters of a given party may vote in that party’s primary. That forces voters to declare a preference in advance of the primary. The time frame for registering a party preference in order to be eligible to vote varies from state to state. For example, in Florida, where I am registered to vote, a person must register at least 60 days before the primary election. In New York the registration deadline is six months before the primary election date.

In closed primaries independent voters must either declare a party preference by the official registration deadline or else they are excluded from voting in the primary. This is important because the majority (40 percent) of US voters declare themselves to be Independents (the Democrats and GOP get around 29 percent and 27 percent of all registered voters). The motive for holding closed primaries is twofold: to suppress the vote in order to eliminate uncertainties on election day (since most independents either do not or cannot vote in party primaries); and to thereby allow the most committed party supporters to determine who the winning candidate will be. Although much attention has been directed at Trump and Sander’s complaints about the delegate selection process and inability of independents to vote, respectively, the hard fact is that both the Democratic Party and GOP try to control the primary voting process via closed elections in most states. The Democratic and Republican National Committees co-ordinate (some would say conspire) with state and local party officials to add just enough opaqueness to the process so that electoral uncertainty is limited while the appearance of free and fair elections is maintained.

In “open” primaries voters do not have to register prior to the election date. They can simply declare a party preference on election day or shortly before the election, the walk into the voting station with the voting papers of the party they have chosen. The only requirement for voting is that they show proof of residence in a given state. This allows independent voters to often have a decisive impact on the outcome and leads to greater amounts of strategic voting. For instance, when I lived in Virginia and later in Arizona, which were open primary states during the times I lived there, I would often vote in the Republican primary in order to vote for the most troglodyte candidate on the ballot. My hope was that in doing so I would help said candidate win the nomination because he (it was always a he) was unelectable in the general election. Unfortunately that did not always happen, but you get the general idea.

“Open” primaries are often a better indication of general election outcomes because they are less dominated by internal party logics and less “controllable” by party bosses. Conversely, “closed” primaries tend to reflect better the desires of committed party voters, something that may or may not be translatable into general election victories.

Another important thing to remember is not so much the percentages of the vote won by each candidate but the total number of votes registered for each party in a given primary. For example, in the recent “closed” New York primary the total GOP vote was around 800,000 whereas the Democratic vote was close to 1.8 million (that is, more than double the Republican vote). In conservative rural states such as those of the Midwest and South (the so-called red states), the numbers for each party are reversed (and much lower in aggregate). So a candidate winning by huge margins in party primaries that have significantly fewer voters than the opposition is no sure bet to go on and win a general election.

It is useful to keep this statistic in mind when projecting out to the general election. For example, it does not matter if Trump wins 80 percent of the GOP vote in a primary in which the GOP receives less than half of the total number of votes than that received by the Democratic Party candidates because come general election day his numbers will have to bolstered by a huge amount of independent votes (who are allowed to vote in general elections for whomever they prefer). Since most Independents tend to vote Democratic in general elections, that means that not only will he have to have a historic turn out by Republican voters in his favour (again, at just 27 percent of the general electorate), but he will also have to overcome a deeply rooted historic Independent voting trend if he is to win. That is a big ask.

Brokered or Contested Conventions.

Most national party conventions in US presidential election years are more a coronation than a nomination. Usually the preferred candidate has the winning threshold of delegate numbers pretty much in hand by May or early June, so the conventions (which are always held in July or early August in order to be able to dedicate at least three months to the national campaign) are mere formalities that have become increasingly garish and circus-like in recent years. Long on style and short on substance, these uncontested conventions are designed to show party unity and promote patriotic appeal in the eyes of uncommitted voters.

“Brokered” or “contested” conventions are a whole other kettle of fish. In these type of conventions no candidate has the winning number of delegates on the day the convention opens. That leads to a series of ballots amongst delegates until one candidate emerges with a 50 percent plus one vote majority. The first ballot is a so-called “loyalty” ballot in which delegates vote for whom they are pledged to (the saying is that you vote for the person who brought you to the big dance). Since the first ballot only serves to confirm the lack of a delegate majority by any candidate, then a subsequent round of balloting occurs until a majority candidate is decided upon. That is where things get interesting because after the first loyalty ballot delegates are released from their pledges and can support whomever they think has the best chance of winning the general election (or at least presumably that is the logic at play. It is entirely possible that some delegates may play to lose by selecting an unelectable presidential candidate in order to eliminate him or her from party politics after the defeat).

Balloting continues until a candidate is selected. That not only brings intra-party conflicts out into the open. It also is where the backroom deals in smoke-filled rooms, the backstabbing, horse trading and sausage-making all come into play. It is an ugly process that often leads the winning candidate battered and bruised rather than sanctified, which in turns leads to a weakened position heading into the general election–something the opposing party candidate will pounce on.

If I recall correctly, the last brokered convention was in 1979, when Ted Kennedy challenged sitting president Jimmy Carter at the Democratic convention. Carter won the party nomination, only to be trounced by Ronald Reagan in the general election. As people noted at the time, if an incumbent president could be challenged at his own party convention, why should voters think that he was worth re-electing?

Brokered or contested elections are bad news for the parties in question. That is why both the Democratic National Committee (DNC) and the Republican National Committee (RNC) are doing everything they can to derail the campaigns of the two “outsiders” in the race, Sanders and Trump. Remember that Bernie Sanders has never been a Democrat. From his days as mayor of Burlington, Vermont to his Senate career, he ran and served as an Independent until the time he entered the Democratic presidential nomination campaign. The DNC fears and loathes him, a sentiment made worse by the fact that he has derailed what was supposed to be Hillary Clinton’s inevitable and uncontested  march to the presidency. Now, the path to coronation is not so certain. Clinton needs to win 66 percent of the remaining delegates in order to secure the nomination. With states like California, Oregon, Maryland and Pennsylvania still in play, that task is not going to be easy. Even if she does win enough delegates to secure the nomination before the convention (and the selection of special interest group “super delegates” was designed to ensure that), she will have to make concessions to Sanders’ policy platform if she is to retain the support of his followers (who otherwise will not vote for her even if they fear a Trump or Cruz presidency). This complicates things for her as well as for her largest patrons, since Bernie has his sights firmly focused on Wall Street and other corporate lobbies like Big Phrama that have donated massively to her campaign. And if Clinton does not secure 66 percent of the remaining delegates, then a contested convention is in her future.

As for Trump, well, he is the fly in the RNC ointment. If he gets the necessary amount of delegates by the time of the convention, then the GOP will be forced by their own rules to award him the nomination. If that happens there is some talk of the GOP running an “independent” candidate against him so as to distance their brand from his name in an election that they expect to lose.

If Trump does not secure the necessary number of delegates before the convention, then a brokered convention is likely. The RNC both fears and wants that to happen. Fears, because it most likely will lead to defeat in November. Wants, because it could be the only way to prevent Trump from winning the nomination. If the convention is brokered or contested it is probable that Trump will be denied the nomination in favour of a “compromise” candidate even if he has the most delegate votes in the first round of balloting.  If so, it is likely that he will not go quietly and may mount his own “independent” campaign. Either way, the GOP is doomed in the general election because whoever runs an independent campaign on the Right will divide conservative voters and forfeit the chance of success against Hillary (with or without Bernie’s supporters).

Trump displays his lack of political understanding when he rails about delegate selection and how the person who gets the most GOP votes nation-wide should win the nomination. He fails to understand that, as with the Electoral College and the Senate, delegate selection is specifically designed to put the brakes on demagogic or populist appeals and mass influence over party politics. Moreover, he claims that even if he comes up short (say, by a hundred or less delegates out of the 1237 needed to win the nomination), as the leader in pledged delegates entering the convention he should be given the nomination much in the way a conceded putt is given in golf.

In doing so  he evidences exactly the disdain for institutional rules and procedures that the party elite is most concerned about. His rhetoric has already trashed many GOP sacred cows, so his push to circumvent or change its convention rules is seen as a major step towards the party’s demise (at least in its present form). Add to that his ignorance of even the most elementary notions of separation of powers and Executive Authority, and you have a GOP disaster-in-chief in the making. Heck, Trump as president (or Cruz for that matter) could well make Dubya Bush look positively Churchillian in comparison. Hence the RNC desire to snuff him out, and the only way to do so short of assassination is to force a brokered convention or run an “independent” candidate against him even if it ensures a loss in November.

 Campaign Financing.

I will not get into the intricacies of US campaign financing laws save for a couple of items. Individual contributions to candidates are limited but contributions to so-called Political Action Committees (PACs and Super PACs) are not. Under US electoral law corporations and lobbying groups are considered to be the same as individuals (i.e. there is no ceiling on contributions to PACs). PACs have been created as a way to circumvent the limitations on contributions to candidates and often serve as thinly disguised fronts for individual campaigns. Most of the money used to buy advertising, pay campaign staff and conduct the street level, grassroots get-out-the-vote work is channeled through PACs.

However, there is a twist. Before the national conventions, the DNC and RNC are prohibited from donating money to the campaigns of individual presidential candidates. Conversely, individual candidates can fund raise for themselves but not for others. This is an important detail because much fund-raising done by candidates like Hillary Clinton is done to channel money to so-called “coattail” candidates, that is, people in her party running for non-presidential offices who can benefit from the trickle down effect of her star power. Remember that in a presidential election year it is not just the presidency that is at stake. The entire House of Representatives (elected every two years) and one third of the Senate (elected every six years) are up for grabs as well, as are host of state and local offices.  This year 34 Senate seats are being contested and a shift in six seats would restore a Democratic majority, something that is almost as important to a Democratic presidency as is the person who holds it.

Therein lies the rub. None of the candidates are legally allowed to hold coattail fund-raisers and neither of the party national committees can help fund their candidacies until the nomination is secured. The Sanders campaign has cried foul after Hillary mentioned that her fund-raising was designed not just for herself but for other candidates, but the DNC has dismissed her slip of the tongue as inconsequential. In any event the practical solution to campaign financing is to channel all funds through PACs, which can then be instructed to finance campaigns for political offices up and down the ballot.

This is where, again, Bernie and The Donald have problems. The DNC and RNC are clearly channeling PAC money away from them and towards their rivals. Their own fund-raising efforts are focused on themselves without coattail-inducing support. Bernie has raised millions in small donations from individuals and some (mostly union) money, but is virtually devoid of serious PAC support. Trump is self-funded and it is debatable as to whether the RNC will reverse itself and direct money towards him in the event he secures the GOP nomination. If it does not, even his millions may not be enough to counter a well-financed, PAC-driven Democratic campaign with coattail effect, or even an “independent” GOP campaign focused more on securing the non-presidential positions on the ballot rather than the presidency.

In summation, once you strip away the dog and pony show aspects of the US election campaign, what you get is a contest run by two major parties that are authoritarian and hierarchical at their core, where both attempt to control voting outcomes from above rather than below, and which use electoral frameworks, convention rules and circuitous campaign financing to achieve that end. In that regard, the prospects for victory in November clearly lay on the Democratic side, whereas the prospects for an open party rupture is patently evident in the GOP.

Let the circuses conventions begin!

 

I have had a professional interest in torture since my days doing human rights work in Latin America. As part of that work I talked to victims as well as perpetrators of state terrorism and subsequently wrote professionally about its usage in Argentina. Later on I consorted with members of the US counter-intelligence community who were responsible for interrogations of suspected spies and other bad people. They helped me understand the difference between coercive (as opposed to passive or sympathetic) interrogations and torture. The combination of experiences made clear to me that torture is more about punishment and collective deterrence through fear than it is about timely and sensitive information-gathering.

When the US started using its “enhanced interrogation techniques” after 9/11, descending into the medieval weirdness of Abu Ghraib and camp X-Ray at Guantanamo Bay, I tried to make sense of it.

In recent years the US Congress and the CIA have conducted investigations into the enhanced interrogation program. The bottom line is twofold: enhanced interrogations did not work any better than “normal” interrogations in extracting valuable information from terrorism suspects; and the justifications for using them was specious and deceptive at best. The best way of garnering valuable intelligence, as it turns out, is through a combination of timely signals collections working in concert with old fashion human intelligence gathering on the ground.

Now along comes Donald Trump claiming that not only does torture work but that he would “do worse” to suspects than water boarding in order to extract information from them. By now it should be clear that he is a blithering idiot on foreign relations, military affairs, intelligence operations, and pretty much everything else when it comes to public policy, to say nothing of being a serial liar with the purest case of narcissistic personality disorder seen since Narcissus himself (and were it that he could only suffer the same fate).

Heck, he makes Al Gore’s claim about inventing the internet look like a child’s fib in comparison!

In any event, Trump is dangerously wrong.

In an interview with a NZ business publication, this is what I had to say bout Trump’s remarks.

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