Showing posts with label Martial. Show all posts
Showing posts with label Martial. Show all posts

Wednesday, November 4, 2020

Is martial law coming after the election?

Illustration by Guillem Casasús / Rendering by Borja Alegre

How Trump Could Attempt a Coup – The Atlantic

November 2, 2020

Politics

The Biden team is preparing for the worst. Here are three possible scenarios.

Barton Gellman

A wretched presidential campaign has played out at last, but Election Day is not how this story ends. Unable to overtake his opponent in the polls, Donald Trump decided months ago to run against the election itself. That race does not conclude when the ballots are counted. Trump has raged against fictional plots to steal his victory, maligning routine procedures such as voting by mail and counting ballots until there are no more to count. His rage will not diminish if he is defeated.

Our electoral system was not built to withstand a sustained assault on its legitimacy. We are capable of defending it, but that is a collective enterprise. A healthy start would be to recognize that the assault has yet to begin in earnest. Election Day and the period to follow will be moments of maximum temptation for Trump. Can he find a way to interfere with the tabulation of votes? Impound ballots in the mail? Dispatch armed personnel to quell alleged disturbances in Democratic neighborhoods?

The battle for American democracy will not be fully joined until the counting starts. That’s when Trump will tell us that his predictions have come true—that the whole procedure is rife with fraud, that the tally is rigged against him, and that no one can be trusted except Trump himself to tell us who won and who lost. The vital questions are whether and how he will try to use his power to subvert the results.

Whether, I think, is easy. We have been over this before. Trump will not concede defeat. He will use every means at his disposal to maintain a grip on power.

From the November 2020 issue: The election that could break America

That qualifier, “at his disposal,” is important. It marks a distinction between wishes and commands that Trump can expect to be carried out. We know Trump’s intent. He is indifferent to any interest but his own and ruthless in its pursuit. What we need to know, in self-defense, is his capability. Trump stands atop a vast apparatus of government, ostensibly under his control but not entirely so in fact.

To move the government, Trump needs to know where the levers are and how to control them. In practice, this means persuading other people to operate the machinery on his behalf. Some of those people would balk at certain kinds of orders.

The Constitution anoints Trump the chief law-enforcement officer of the United States, but he cannot lock up Joe Biden or disqualify him from the race by executive order, no matter how much he yearns publicly to do so. He is commander in chief of the armed forces, but he cannot declare martial law, delay the election, and expect the troops to go along. The men and women he likes to call “my generals” would not obey.

What, then, can Trump do?

In public, Biden and his senior advisers profess full confidence in the electoral system to work as it always has. Every vote will be counted, they say, and the winner will be sworn in on January 20—end of story.

Behind the scenes, they are preparing for the worst. A special working group of high-powered lawyers led by three former solicitors general—Walter Dellinger; Donald B. Verrilli Jr.; and a recent addition, Seth Waxman—has overseen a massive planning exercise for rapid responses to dozens of scenarios in which Trump tries to interfere with the normal functioning of the election. Thousands of pages of legal analysis, according to an authoritative campaign source, have been boiled down into “template pleadings” for at least 49 predrafted emergency motions in state or federal court. The campaign will be ready on an hour’s notice to file for a temporary restraining order in any case it has thus far been able to anticipate.

“There’s no question that the Biden campaign has worked through every imaginable scenario and is certainly prepared—legally, at least—for any of these possibilities,” says Richard H. Pildes, a constitutional-law professor at NYU. Nothing Trump might do “would surprise the enormous legal team they’ve created to deal with twists and turns in the election. I assure you they’ve thought of more scenarios than the media would ever get to.”

The Biden team says it is ready even for scenarios it is sure will “never happen, and we’re not worried about it,” a Biden-campaign lawyer told me. “There have been a couple of lawsuits challenging Kamala Harris’s eligibility to be vice president,” he said. “Do we have stuff on that? Yeah. Do I think we have to worry about it? Absolutely not.”

Preparations for other cases feel more urgent, he said. Biden advisers (some of whom requested anonymity so that they could discuss this work) and independent experts I spoke with have gamed out multiple scenarios, with variations of law and circumstance, in which Trump sends forces to seize—or segregate, or intercept—ballots before they can be counted. Some of the scenarios seem far-fetched, others less so. Here are three they have taken seriously, along with reasons to doubt that Trump can pull them off. (The White House did not respond to a request for comment.)

1. Sending the Troops

Command of U.S. armed forces is among the most potent powers of any president. Could Trump dispatch active-duty forces to Democratic strongholds in swing states—say, Philadelphia, Detroit, and Milwaukee—with intent to suppress the vote or interfere with the count?

In a recent Atlantic story, I speculated on the possibility:

Suppose that caravans of Trump supporters, adorned in Second Amendment accessories, converge on big-city polling places on Election Day. They have come, they say, to investigate reports on social media of voter fraud. Counterprotesters arrive, fistfights break out, shots are fired, and voters flee or cannot reach the polls.

Then suppose the president declares an emergency. Federal personnel in battle dress, staged nearby in advance, move in to restore law and order and secure the balloting. Amid ongoing clashes, they stay to monitor the canvass. They close the streets that lead to the polls. They take custody of uncounted ballots in order to preserve evidence of fraud.

Could it happen? Not easily, and not likely, but it is not impossible either.

If Trump cared at all about conforming to law, he would need a reason under the Insurrection Act of 1807 for the use of troops in domestic law enforcement. In early June, Trump threatened to invoke that authority to quell disorder during widespread protests in American cities over the death of George Floyd. That kind of deployment has precedent—most recently in 1992, to suppress rioting in Los Angeles after white police officers were acquitted in the beating of Rodney King, a Black motorist, and in the 1950s and ’60s, when it was used to enforce desegregation orders in the South. Trump, in theory, could seize upon any violence around polling places—even violence touched off by his own supporters—to justify the deployment. He might even cast his intervention as a bid to protect voters’ civil rights.

Those justifications would be slender reeds, and they would run into a major legal obstacle. Trump’s power as commander in chief is exclusive, but not unbounded: It is subject to statutory limits. And federal law forbids, under criminal penalty, the presence of “any troops or armed men at any place where a general or special election is held.”

There is, however, an exception: Troops are permitted if “necessary to repel armed enemies of the United States.” An aggressive interpretation of that phrase, according to Dakota Rudesill, a professor of national security law at Ohio State University’s Moritz College of Law, might describe “agents of antifa” in those terms. “That would be a stretch, but we’ve seen a lot of stretches” from Trump, Rudesill said. If troops took possession of ballots, “obviously what we’re talking about are profoundly severe, extreme, shocking developments that would be just massive norm violations and the sort of thing you see in authoritarian states like Russia that have the forms and processes but are not democracies anymore.”

But who could stop the president? Courts are often deferential to the executive branch in matters of national security, and it is unclear what remedy they could order even if they ruled the deployment illegal. There are no do-overs in a presidential election.

Most election-law experts I talked with expressed deep skepticism of this scenario.

“The kinds of things you’re talking about are the kinds of things that would lead to rioting in the streets,” said Richard L. Hasen, a professor at the UC Irvine School of Law. “Now we’ve truly crossed into banana-republic territory.”

Maybe rioting is just what Trump would want in order to validate the deployment, I observed.

“You’re one of the few people I know who’s darker than I am,” Hasen replied.

One practical barrier, according to a lawyer advising the Biden team, is that “it would take a lot of troops in a lot of places to have an impact that clearly helps him.”

“A huge number of people have already voted,” the lawyer added. “How many troops do you have to send to how many places to affect a national election? And you’ve got to worry about whether you can actually get them to do what you want.”

That last point is the real constraint on Trump’s use of troops, the practical barrier he likely cannot surmount. It is hard to imagine the armed forces going along. General Mark Milley, the chairman of the Joint Chiefs of Staff, is not in the formal chain of command, but he spoke for the top uniformed leadership in a highly unusual written statement to the House Armed Services Committee, disclaiming any role for the U.S. military in the event of an election dispute.

Kori Schake: The military doesn’t want to get involved

Biden’s team has emergency legal papers prepared, but a senior adviser said flatly that “there is no way that he’s going to persuade the Pentagon to send troops.”

“Number one,” the adviser said, the senior brass “don’t want to, so let’s start with that. And number two, they make an independent evaluation about whether the action is legal. And there are at least two statutes that not only prohibit the troops from being deployed near polling places, but actually impose liability on the officers and arms-bearing soldiers.”

There is a caveat here, even so, the adviser acknowledged. It is also a serious crime, under the Uniform Code of Military Justice, to disobey a lawful order. Disobedience flies in the face of a lifetime’s training for a man or woman in uniform. Anyone who defies the commander in chief had better be sure.

2. Intercepting the Mail

Trump and his political advisers have good reason to assume that ballots sent by mail are likely to be Biden votes. Trump himself is the principal driver of that skew, because he has equated absentee voting with fraud, and many of his supporters believe him.

It might be in Trump’s interest, then, to interfere with the delivery of those ballots. Could he?

Experts considered one scenario that the Biden team has gamed out. John Ratcliffe, the director of national intelligence, passes word that top-secret information suggests an effort by China to forge absentee ballots—a risk that Attorney General Bill Barr has publicly raised as a matter of “common sense.” The report reaches Postmaster General Louis DeJoy, a major campaign contributor to Trump. DeJoy instructs the chief of the U.S. Postal Inspection Service to halt the delivery of ballots sent by mail.

Here even a temporary delay is strategically valuable to a sufficiently ruthless president. Twenty-eight states require that absentee ballots arrive by Election Day; the other 22 have deadlines within a few days. A ballot cannot be counted if it does not arrive on time, and the Supreme Court has been reluctant to permit a change of rules close to Election Day. “Running out the clock is a potential concern,” Pildes said.

S. David Fineman, a former chairman of the Postal Service’s board of governors, told me that postal inspectors could theoretically detain the mail for investigation purposes. “The Postal Service could take the position, ‘We’re not going to deliver any more mail to the county boards of election,’” he said.

Fineman said any move like this would be transparent and “outrageous.” He described it as “a little bit far-fetched,” if only for practical reasons. Since late last week, he pointed out, the Biden campaign and its allies have urged voters to stop using the mail, warning that ballots might not arrive on time. Tens of millions of ballots have already been delivered. If Trump were going to pull this move, he would probably have done it sooner. On the other hand, every vote counts in a closely contested state.

3. The Law-Enforcement Option

What “I do worry about,” the senior Biden adviser said, is an operation that combines federal law-enforcement forces under Barr’s command—as Barr arranged for the photo opportunity in Lafayette Square in June—including “some combination of DHS and the marshal service.”

In this scenario, federal authorities would purport to be investigating voter fraud and take steps to stop the counting. There is not much plausible authority to do that under federal law, but the law would not really be the point. If the FBI or U.S. Marshals showed up at a county election board with orders to seize the ballots, local officials would probably comply.

When I asked Lisa Manheim, a University of Washington law professor, about this scenario, she figuratively threw up her hands.

“Baked into your question is the idea that the president would somehow use legal means to then commit unlawful actions, so I understand why you’re asking it, but conceptually speaking, you’re not really asking a legal question,” she said. “You’re asking more just a question of power, when [legal pretexts] lend legitimacy to that exercise of power.”

“The law has a really hard time knowing what to do with pretext,” she added, “where a governmental actor is purporting to do something for one reason but in fact is doing it for another reason.”

Chuck Rosenberg, a former U.S. attorney and a former acting head of the Drug Enforcement Administration, was likewise somewhat flummoxed by the question. “I am not as sinister as the president, and so it’s really hard for me to think of ways to do something so out of line, so far out of norms,” he said. “How unrealistic do you want me to get?”

Rosenberg, echoing several other experts, said career assistant U.S. attorneys and FBI agents would rebel against such a plan. “It would require complicity at the executive-management level, and gullibility on the part of those following orders,” he said. “That’s hard for me to see.”

Justin Levitt, a Loyola Marymount University law professor and a former deputy assistant attorney general, said the trouble with the scenario is, “I don’t think that Bill Barr can carry that many ballots out of any given room, and I say that because I don’t think that career attorneys at DOJ would have any part in authorizing or signing off on or participating in an unlawful attempt to seize custody over ballots that were still in contention in the state.”

From the April 2020 issue: The president is winning his war on American institutions

“I fully believe that Trump and, unfortunately, Barr will seize every advantage they can because they have shown that they are willing to,” he said. “My firewall is that there’s very little that they can do themselves.” The equivalent of asking DOJ lawyers to seize ballots “based on completely visible pretext” is “asking the military to line up and shoot a crowd of peaceful civilians in the face.”

The Justice Department manual for prosecuting election crimes says that “in most cases,” documents relating to an election “should not be taken from the custody of local election administrators until the election to which they pertain has been certified and the time for contesting the election results has expired.” There is an exception for cases in which prosecutors allege “that local election administrators seek to retain or destroy the election records for a corrupt purpose or to further an ongoing election fraud scheme.”

In recent voting litigation, according to Edward B. Foley, a constitutional-law professor at Ohio State, the Trump administration is “taking the position that it’s a denial of voting rights to have fake ballots dilute real ballots,” which means “they have a legal theory for thinking that [state elections fall under] federal jurisdiction.”

“You can’t just say there’s no power of the federal government at all in these things,” he added. “You just have to hope it will not be abused … The idea of using DOJ power to try to thwart the popular vote is taking us into truly uncharted territories.”

Bob Bauer, a former White House counsel who is advising the Biden campaign, said the challenge for Trump would not be making an accusation of fraud, but backing it up. No court would allow the government to seize and hold ballots without evidence, he said, and “I don’t know how they could conjure it up and sustain that claim if it’s tested in any kind of adversarial process.”

The ultimate check on Trump’s power to meddle in the election is the same as it has been throughout his term in office: whether he can bend subordinates and institutions to his will. The record on that is mixed.

Bauer said a decisive loss in preliminary poll returns would greatly diminish the president’s power to push government agencies—or fellow Republican leaders—across normative lines.

“I am not sure when he looks behind him that he’s going to see the massive army that he thinks that he leads,” he said.

Wednesday, October 14, 2020

Stone is correct we will see martial law

Roger Stone to Donald Trump: bring in martial law if you lose election | Roger Stone | The Guardian

Roger Stone to Donald Trump: bring in martial law if you lose election

Martin Pengelly

Roger Stone, whose 40-month prison sentence for lying to Congress and witness tampering in the Russia investigation was commuted by Donald Trump, has said Trump should seize total power and jail prominent figures including Bill and Hillary Clinton and Mark Zuckerberg if he loses to Joe Biden in November.

Trump uses Fox News interview to accuse Biden of taking drugs

The long-time Republican dirty trickster, who has a tattoo of Richard Nixon on his back, offered the startling advice on Thursday, in a call to conspiracy theorist Alex Jones’s Infowars online show.

Stone was sentenced in part for lying about contacts with WikiLeaks during the 2016 election regarding emails hacked from Democratic party accounts. In turn, special counsel Robert Mueller and the Senate intelligence committee suspected Trump lied when he said he could not recall discussing the leaks with Stone.

Stone did not turn on the president. He had his sentence reduced on the recommendation of attorney general William Barr but he still faced prison before Trump acted. His conviction stands.

Both men were in Nevada on Saturday, Trump holding campaign events while Stone sought to raise money for himself.

Citing widely debunked claims of fraud around early voting, absentee balloting and voting by mail, Stone told Jones Trump should consider invoking the Insurrection Act and arresting the Clintons, former Senate majority leader Harry Reid, Zuckerberg, Tim Cook of Apple and “anybody else who can be proven to be involved in illegal activity”.

He also said: “The ballots in Nevada on election night should be seized by federal marshals and taken from the state. They are completely corrupted. No votes should be counted from the state of Nevada if that turns out to be the provable case. Send federal marshals to the Clark county board of elections, Mr President!”

Nevada has not gone to a Republican since 2004 but is shaping up to be a crucial contest this year. Biden leads there, but polls have tightened. On Saturday, after a planned rally in Reno was cancelled because of coronavirus restrictions, Trump staged an event which disregarded such strictures in Minden. His rhetoric was not far removed from that of the man he spared prison.

Attacking the Democratic Nevada governor, Steve Sisolak, Trump said: “This is the guy we are entrusting with millions of ballots, unsolicited ballots, and we’re supposed to win these states. Who the hell is going to trust him? The only way the Democrats can win the election is if they rig it.”

Stone said: “Governor Sisolak is a punk. He should not face down the president of the United States.”

On Sunday, on ABC’s This Week, senior Trump campaign adviser Jason Miller also attacked moves to facilitate voting by mail in Nevada. He also called Sisolak a “clubhouse governor … who, by the way, if you go against him politically … politically speaking, you’ll find yourself buried in the desert”.

Trump and his campaign have also consistently claimed without evidence that “antifa”, or anti-fascist, activists represent a deadly threat to suburban voters that will be unleashed should Biden win. Commenting on a Daily Beast report about leftwing activist groups planning what to do “if the election ends without a clear outcome or with a Biden win that Trump refuses to recognise”, Stone told Jones the website should be shut down.

“If the Daily Beast is involved in provably seditious and illegal activities,” he said, “their entire staff can be taken into custody and their office can be shut down. They wanna play war, this is war.”

Stone also advocated “forming an election day operation using the FBI, federal marshals and Republican state officials across the country to be prepared to file legal objections [to results] and if necessary to physically stand in the way of criminal activity”.

In an interview broadcast on Saturday night, Trump told Fox News he would happily “put down” any leftwing protests.

“We’ll put them down very quickly if they do that,” he told Jeannine Pirro.

“We have the right to do that. We have the power to do that if we want. Look, it’s called insurrection. We just send in and we, we do it very easy. I mean, it’s very easy. I’d rather not do that, because there’s no reason for it, but if we had to, we’d do that and put it down within minutes, within minutes.”

The Insurrection Act of 1807 allows the president to use federal troops to enforce federal law. Last used in 1992, it was much discussed this summer, amid protests over racism and police brutality arising from the killing of George Floyd by officers in Minneapolis.

Ultimately Trump chose simply to send federal agents to confront protesters, most prominently in Portland, Oregon, a move which proved hugely controversial.

In his interview with Fox News, Trump discussed an incident in the city in which US Marshals shot dead a suspect in the killing of a member of a rightwing group.

“There has to be retribution when you have crime like this,” Trump said.

He also said protests such as those in Portland would lead to “a backlash” from the political right, “the likes of which you haven’t seen in many, many years”.

Saturday, October 10, 2020

The world WON’T survive four more years under Donald Trump: Revelation 18:10

Can the world survive four more years of Donald Trump? – POLITICO

10/8/20, 7:23 PM CET

The Global Election

From climate change to nuclear weapons to global health — this election isn’t just about you, America.

This article is part of a special report, The Global Election.

A second term could set Trumpism in concrete

In the middle of a devastating pandemic, recurring nationwide protests and a bitter presidential election — not to mention the president’s own COVID-19 diagnosis — Americans can be forgiven for losing track of what Donald Trump’s presidency has meant beyond their borders. But the list of changes he has wrought abroad is not short.

A world order designed to function through slow consensus and underwhelming compromise, on a good day, has had virtually no coping mechanism for the American president’s disruption. In the name of putting America first, Trump has pulled out of one global deal after another, unpredictably reversing course on some of America’s biggest global priorities and moral commitments. He has snubbed democratic leaders and longtime allies while cozying up to Vladimir Putin and other autocrats. While the most important Western institutions — NATO, the European Union, the United Nations, the World Trade Organization, the World Health Organization — are still standing, it’s an open question whether they will be able to survive another four years of pummeling and disinvestment by the world’s superpower.

So, what really happens if the world gets a second Trump term? Over the past few months, POLITICO reporters in the United States and Europe spoke to experts and decision-makers around the world about what they expect to happen on issues ranging from defense to trade, public health to climate, if Trump is reelected.

Some of the outlook is unsettling: Trump is already undertaking a nuclear buildup and seems set on dismantling the one remaining treaty between the world’s two main nuclear powers. And there is a real fear that a second Trump term would embolden the authoritarians around the world who have lined up to support him. Not all of his bluster translates into impact — corporations are largely navigating his trade wars, and global climate policy is working around Washington for now — but his abandonment of the international arena is almost certain to have big downstream effects as China rises to fill the gap.

“Whoever occupies the Oval Office from January has to appreciate that America’s alliance network is its greatest comparative advantage over China,” says Former NATO Secretary General and Danish Prime Minister Anders Fogh Rasmussen. Trump is deliberately letting that network wither.

While the Trump administration notched a win for Middle East stability this year by securing deals between Israel and the United Arab Emirates and Bahrain, the world as a whole has not responded well to his presidency. In a recent Pew survey of 13 democracies, confidence in his leadership on world affairs ranged from 9 percent in Belgium to a high of 25 percent in Japan. Trump is the least trusted of all major world leaders; even among supporters of Europe’s far-right parties, his approval never rises above 45 percent.

This means “America First” has huge and mounting costs for America: Increasingly, it is losing the ability to rely on the easy cooperation of old allies, and the global respect that fuels U.S. soft power has almost vanished, thanks to the country’s runaway coronavirus death toll. Among 53 countries surveyed by the nonprofit Alliance of Democracies in June, only Americans and respondents from one other country (Japan) said they thought the United States had handled the coronavirus better than China.

Some international observers also fear for the state of America’s own democracy, seeing in the United States the tell-tale signs of backsliding that Hungary, Poland and Brazil have experienced in recent years. “The U.S. can go down a lot further, even if people think it’s already intense,” said Marietje Schaake, a liberal former member of the European Parliament who is now the international policy director at Stanford’s Cyber Policy Center.

America, in other words, soon could find itself in the company of a whole different set of countries. Whether it gets there depends on what the next four years look like. Here’s what the world should expect if Trump remains commander in chief.

— By Ryan Heath

* * *

What 4 more years of Trump would look like for …

Climate | NATO | Nuclear weapons | China | Trade | Health | Democracy

* * *

CLIMATE

The climate crisis is a slow-moving disaster that hinges on single pivotal moments. Right now, the global community is planning around the year 2050, when experts say humans need to all but eliminate greenhouse-gas emissions to avoid the worst effects of global warming. But the biggest dates on the immediate calendar are November 3 and 4.

Reelecting Donald Trump on November 3 would put America, and possibly other countries, on a new and hard-to-reverse course away from that emissions goal. And thanks to a recent bold promise by China, it could leave the United States isolated as other powers start to rewrite the rules of the global carbon economy.

In his first term, Trump repealed the Obama administration’s signature climate policy, the Clean Power Plan, and rolled back a host of other environmental rules. Trump also pulled the United States out of the Paris Agreement, the global climate pact aimed at that 2050 goal. But so far, those decisions have had fewer real-world effects than Trump might have imagined. Despite his promise to bring back Big Coal, the American economy has slowly been shifting away from fossil fuels. The majority of the 100-plus domestic environmental regulations he rolled back remain in limbo, after successful challenges by states and green groups, according to an analysis by the Institute for Policy Integrity. And thanks to devices deliberately implanted in the agreement to make it hard to leave, his abandonment of the Paris deal is still not official.

That pullout will be final on November 4, the day after the election.

A second Trump term would likely have a far bigger impact than the first, both domestically and abroad. The president would have more time to defend his deregulatory agenda in court, which could lock in rules that allow more pollution from power plants, leaking oil and gas wells, cars and refrigerants — potentially increasing emissions by at least 3 percent within the next 15 years.

Globally, his second term matters so much in part thanks to a quirk of the international climate process. The Trump presidency, coincidentally, has aligned with a fallow period in the life of the Paris Agreement. Most of its 195 signatories last pledged their emissions cutbacks in 2015, while Barack Obama was president, and won’t put forth new pledges until next year. The next U.S. pledge — or a U.S. decision to abandon the deal for good — is critical because other major polluters, like China and India, are watching closely. Chinese emissions are now so vast — more than a quarter of global greenhouse gases — that the consequences of even a few percentage points or a lost few years in terms of actual global warming would be enormous.

If the United States pulls out entirely, the Paris deal could start to fall apart, much as the earlier Kyoto Protocol climate treaty did without U.S. involvement. Saudi Arabia, whose economy depends on petroleum, has long played a role in trying to unpick the U.N. process from within. Some diplomats worry the Saudis would see the U.S. departure as the moment to walk out entirely. What will President Jair Bolsonaro do with Brazil? An exodus of such major players would leave the deal increasingly toothless.

But recently, a new prospect has come into view — one more encouraging for the global climate, and harder on the United States. China’s surprise announcement last month that it would aim to decarbonize by 2060, the first time it has set a date, shifts things in favor of stronger climate action next year, regardless of the outcome of the U.S. election. Trump, by refusing to participate, is likely to isolate the United States politically as the EU and China try to work together on climate politics in a way they haven’t before.

“China, the EU and other leaders are going to be putting their minds to, OK we have to live in a world without America. Maybe someday [they will] be back, but we really can’t wait,’” said Todd Stern, U.S. climate envoy under Barack Obama.

This would change the calculus as well for American companies, which will need to succeed in a world of low-carbon tech driven by China’s more rapid shift, regardless of what message comes out of Washington.

Climate experts generally see a Trump win in November as a moment to panic — “Arguably … game over for the planet,” said Michael Mann, a prominent climate scientist whose research has helped inform the U.N.’s landmark reports on climate change.

There are reasons to suspect the disruption might not be quite as extreme as advocates fear, however. Even with Trump in the White House, the country’s renewable energy consumption surpassed coal for the first time last year, a trend that has helped keep total U.S. emissions largely flat since Trump took office. Climate is now a grassroots consumer issue as well as a political cause, which means that companies, NGOs and the governors of some of America’s biggest states have picked up the climate mantle during Trump’s presidency. Last year, New York law committed the state to net zero emissions by 2050; California is aiming for 2045.

Still, energy analysts and climate experts say that without a clear national framework, the pace of change won’t be fast enough for the United States to decarbonize by 2050. Joe Biden is largely promising a reversal of the Trump approach. His platform calls for a $2 trillion investment to clean up the power grid, electrify the transportation sector, and aid minority and low-income communities disproportionately impacted by pollution. And he has pledged to rejoin the Paris accord and put the United States on track toward net-zero emissions by 2050 — though the details of how that will work, in an American economy still reeling from the pandemic, are far from clear.

— By Catherine Boudreau and Karl Mathiesen

NATO

US becomes an ever more unreliable ally

After four years of Donald Trump arguing with allies more often than confronting adversaries, many diplomatic and military officials fear that, should he be reelected in November, the U.S. president will kill NATO altogether. Those worries are almost certainly overblown.

The far more likely threat is that Trump would remain as NATO’s most influential leader, sowing uncertainty and chaos from within. “It is likely he would persist in disrupting, both politically and militarily,” said retired Lieutenant General Douglas Lute, who was U.S. ambassador to NATO from 2013 to 2017, and is now chief executive of Cambridge Global, a strategic consulting firm.

Claiming credit for forcing European allies to increase their military spending is now one of Trump’s favorite talking points. And with NATO enjoying broad bilateral support in Congress, chances of a U.S. pullout are remote. But a second Trump term could still weaken NATO’s security posture and undermine the alliance’s strategic and political credibility in myriad ways.

Most immediately, it would require the Pentagon to implement a major drawdown of U.S. forces in Germany, which many military officials think is a bad idea — more of an effort to punish German Chancellor Angela Merkel than a useful redeployment. “His announced intention to remove U.S. forces from Europe would become reality, thereby demonstrating withdrawal of U.S. commitment and reducing NATO’s deterrence posture,” Lute said.

Trump’s continuing soft approach toward Russian President Vladimir Putin also stands to weaken the alliance. “The trouble with NATO is that he doesn’t need formally to leave it, which Congress wouldn’t let him anyway,” said RadosÅ‚aw Sikorski, a former Polish defense minister and longtime foreign minister. “For NATO to work, we as allies, we need to have confidence that he would stand up to a potential enemy in an emergency,” Sikorski added. “And in that sense, he can destroy NATO with one tweet.”

At the same, NATO leaders can’t ignore the U.S. president. And Trump could pose a deep challenge to NATO’s core mission if he steps up pressure on the alliance to expand its role in fighting international terrorism, and into the Middle East — technically outside its jurisdiction. Trump initially urged NATO to do more in the region in January, after he ordered the killing of the Iranian commander Qassem Soleimani. Trump followed up by floating the idea of some Middle Eastern nations joining the alliance. (In 2019, he also suggested Brazil might join.)

For military commanders, it’s Trump’s sheer unpredictability that is most unnerving. The worst possibility is unilateral military action, which Trump has shown a willingness to take with no warning to allies, as when he withdrew U.S. forces from northeastern Syria.

Nearly as bad are public contradictions — especially when NATO makes great efforts to show unity. In September, just a few hours after NATO Secretary-General Jens Stoltenberg said all allies were united behind Germany’s conclusion that a chemical weapon had poisoned the Russian opposition figure Alexei Navalny, Trump said there was no proof.

Given the risk of such disruptions, if Trump wins in November, NATO leaders might want Stoltenberg, a master manager of the Trump relationship, to stick around as well. So, don’t be surprised if his contract — now due to expire on September 30, 2022 — ends up extended, until, say, January 19, 2025.

— By David M. Herszenhorn

NUCLEAR WEAPONS

A direct strike on the treaty system

On an existential global threat that often feels like a back-burner issue in U.S. politics, Donald Trump has quietly moved America into much riskier territory — and faces a decision point before February that has nuclear experts of both parties worried.

After decades in which the United States and Russia have kept the nuclear threat in check with a series of treaties, negotiated and enforced by presidents of both parties, Trump has already changed course significantly in his first term. He pulled out of the 1987 Intermediate-Range Nuclear Forces Treaty with Russia, citing Moscow’s violations but not making any attempt to renegotiate it. He withdrew from the 1992 Open Skies Treaty, which was signed by nearly three dozen nations, including Russia, allowing overflights of military facilities to promote transparency. And Trump withdrew from a 2015 multinational nuclear deal designed to rein in Iran’s illegal weapons development.

At this point, just one important nuclear treaty remains in place: the 2010 New Strategic Arms Reduction Treaty, or New START, a deal between the United States and Russia that limits each side to a fixed number of deployed nuclear weapons — setting an important cap on what amounts to 90 percent of the world’s nuclear weapons. It expires in February.

Moscow has already offered to extend it without preconditions the full five years the treaty permits. Trump’s advisers are negotiating but insist that an extension of any length must come with a formal commitment to negotiate a replacement treaty that covers more classes of Russian weapons. It also wants Russia to help convince China to join a new treaty that limits its comparatively small but growing arsenal. Many see that requirement as a “poison pill” designed to blame the Russians and the Chinese when the deal inevitably collapses.

If either the United States or Russia walks away from the deal on those grounds, Trump will have killed off the last vestige of a diplomatic framework between Washington and Moscow dating back more than five decades.

The Trump team insists that the president still believes in arms control, but that New START went too easy on the Russians, who have been upgrading their nuclear arsenal at a much quicker and more expansive pace than the Americans. They also insist the treaty’s verification measures need to be much more intrusive. Some observers agree: “There are people who have had experience negotiating with the Russians who believe the Russians will always cheat at arms control,” said Peter Huessy, director of strategic deterrent studies at the Mitchell Institute for Aerospace Studies, who supports Trump’s approach.

But for many of those in both parties who have spent their careers in and out of government trying to tamp down the global nuclear threat, a second Trump term could mark an outcome worse than they had envisioned for even hawkish administrations: America, in a few short years, wiping out 30 years worth of de-escalation policy in the interest of preserving its right to build whatever weapons it wants.

This isn’t just indifference to diplomacy, but a genuinely more belligerent approach to nuclear weapons. The president and his advisers have made explicit threats to use nuclear weapons to punish or coerce adversaries, which would have been unthinkable for previous presidents. Under Trump, the Pentagon and Department of Energy have made upgrading the American nuclear arsenal a top priority in the defense budget, to include a new fleet of ballistic missile submarines, a new stealth bomber and a new nuclear missile to go with it. The U.S. Navy has already outfitted its subs with a new “low-yield” nuclear warhead, the first new nuclear weapon in decades. Last month, the Air Force awarded a $13 billion contract to replace the 400 intercontinental ballistic missiles that are on alert in underground silos in North Dakota, Wyoming and Montana.

If he stays this course in a second term, Trump will have made permanent the biggest nuclear buildup since the Cold War — while simultaneously unraveling the treaties that have steadily reduced the nuclear threat since the end of the Cold War.

A Biden presidency likely would pivot the United States back to its earlier approach, quickly. Biden and his advisers have pledged to extend New START without preconditions before it expires, and to scramble to rebuild some of the previous deals that Trump walked away from. Biden has also expressed support for declaring a “no first use” policy when it comes to nuclear weapons — replacing, for the first time, the purposely vague U.S. position on when it might actually resort to their use. Also, his advisers support proposals to pursue an agreement with Russia to take both nations’ nuclear weapons off “alert” status, a step that arms control advocates believe would do more than anything else to reduce the danger of an accidental nuclear exchange.

“It’s a totally fundamentally different approach,” said Derek Johnson, executive director of Global Zero, a leading disarmament group that includes some of Biden’s confidantes. “I don’t think Biden is a ‘ban the bomb’ kind of guy, but he understands what these weapons do, what they mean.”

— By Bryan Bender

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CHINA

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Xi Jinping’s China is a contender for what was once America’s undisputed global throne | Feng Li/Getty Images

Will the US leave only one great power?

When they look ahead to November 3, analysts of the U.S.-China relationship mostly debate who’s tougher on Beijing; whether Joe Biden’s toughness-via-multilateral-institutions outstrips Donald Trump’s toughness-via-diktat-and-shots-from-the-hip.

Far more consequential is what the 2020 election means for America’s own ability to shape global events — its “comprehensive national power,” to borrow a Chinese term. As the United States argues with itself over whether and how to tie its shoelaces, China, and many Asian nations within its sphere of influence, are breaking into a sprint.

If you understand what’s happening between the United States and China right now, there’s far more at stake in the election than most Americans appreciate — and it affects the future of the entire planet. Americans tend to take it for granted that the United States is in a class by itself, uniquely influential in the world, both for its hard and soft power. But the rise of China, with a tech-forward economy and immense global ambition, as well as the rise of Asia around it, means that is no longer true. America is in a new contest of two giants, and its relative power is waning. America is not in danger of being surpassed; it is in the process of being surpassed, right now, by its only serious rival for the global throne.

Ironically, while Trump talks about China more than any recent president, a second term will almost guarantee that the United States shrinks from the great power contest that China is ready to wage, satisfying itself instead with superficially bold but ultimately less consequential measures. Need an example? Think of the Trump administration’s poorly conceived TikTok ban, instituted because of stated concerns over data sharing. It grabbed weeks of headlines; then a court put it on hold. Contrast that with a true data protection regime that vouchsafes every citizen’s dignity and privacy — Europe has one, and even the Chinese Communist Party is drafting one. Washington has done nothing.

Internally, America’s status quo is increasingly unsustainable. The United States is miring itself in infighting precisely when it needs urgent reforms to its physical, educational, financial, civic, military, health and judicial infrastructures in order to win the 21st century. American leaders pay lip service to these issues, but both parties spend more time and psychic energy reacting to Trump’s tweets. It is a ruinous, exhausting game in which Beijing is the only real winner.

In the meantime, America has begun to exit the institutions through which it used to exercise major global influence, rather than reforming or reconceiving them. The United States has announced its withdrawal from the WHO and the Paris climate accord. It has crippled the WTO, badmouthed the U.N. and sanctioned the International Criminal Court. These are the gestures not of a confident power, but of a brittle one that lacks either the will or the capacity to do the hard work of leading.

China is gleefully filling this power vacuum, assuming leadership of multiple U.N. bodies and launching its own initiatives, including the Asian Infrastructure Investment Bank and the Belt and Road Initiative. U.S. officials rightly point out that these organizations lack sufficient transparency or concern for their impacts on human and natural ecosystems. Since that’s true, America needs to get more serious about providing alternatives.

None of this means the election of Biden would guarantee a quick revival of American primacy — far from it. Both Republicans and Democrats have largely clung to the perilous, mostly unexamined assumption that the world is simply waiting to be dominated by American greatness again, whenever America happens to be ready. This arrogance, and the myopia it engenders, will outlive the Trump administration.

Frustratingly, America still has a window of opportunity to win the world back, if it would only seize it. Beijing has torched bridges everywhere, from India to Mongolia to Vietnam to Korea to Germany to the Czech Republic to Australia. Internally, China’s challenges remain vast. Despite being communist, it wrestles with huge wealth inequality. By international standards, many of its citizens are still poor. It does not have America’s wealth of natural resources. Xi Jinping’s ruthless crackdown on anything that smells like dissent is impoverishing China’s public dialogue. Perhaps worse from Beijing’s perspective, it is stifling productive talent and eliminating key economic and political feedback mechanisms that could help the country adapt.

But America doesn’t get to veto China’s rise, only to reckon with it. China is the top trading partner of a growing number of nations, ensuring Beijing’s continued influence, however weak its soft power. Chinese leaders are explicitly betting on the future by investing taxpayer money in bleeding edge technologies like artificial intelligence and quantum computing. China has a huge, ambitious and increasingly well-educated population, and its ranks of engineers, from whom America used to cherry pick, are growing. People there broadly believe the future will be better than the past. They are founding multibillion-dollar companies and inventing new consumer technologies that Americans will only hear of five years later when a U.S. firm decides to copy it or the government decides to ban it.

Consider these facts: In U.S. dollar terms, China’s total GDP is $14 trillion to America’s $21 trillion, but adjusted for purchasing power parity — that is, the actual goods and services it generates for its citizens — it surpassed the United States in 2014. China’s is far lower per capita, and may never catch up, but that doesn’t blunt the overall global influence of its sheer size. After a frightful coronavirus scare and large-scale early-year lockdowns, China’s economy will grow, not shrink, in 2020, while America’s looks set to bleed about 4 percent, the biggest decline since 1946. Recent survey data shows people in Germany, the U.K. and Canada overwhelmingly believe China is already the world’s leading economic power. That was true in 2019 also.

China-watchers have argued ad nauseum over which candidate Beijing “wants” to win, and the truth is that both Trump and Biden would be tough in direct dealings with Beijing. What’s more important is what signal the 2020 election result sends to the world about whether the United States is ready to face the realities of a century of Asian power. Does America want to continue to lead a world that still needs America? Or will it keep turning inward, allowing China to do the heavy lifting while Americans tell themselves how great they are, and used to be?

— By David Wertime

HEALTH CARE

As the US retreats, other powers step forward

When Donald Trump announced over the summer that the United States intended to withdraw from the World Health Organization, the rupture was over the global health body’s alleged failure to hold Beijing accountable in the early stages of the coronavirus pandemic. But if Trump wins a second term and continues America’s retrenchment from global health efforts, other powers — including, ironically, China — are expected to take steps to fill the vacuum.

And that retrenchment might have a bigger impact than Trump thinks, affecting “so many other multilateral things,” said Ilona Kickbusch, an external adviser to the WHO and founder of the Global Health Center at the Graduate Institute Geneva. “It’s a question of trust. It won’t just stay within the health arena,” Kickbusch said. As other countries take the lead on matters of global health, experts say, those nations will also be able to extend their geopolitical influence.

Trump is not alone in his frustration with the WHO; other countries similarly have argued that its leadership needs to be more transparent and take a harder line on China. But he is alone in deciding to pull out of the organization, a move that is on track to be finalized in July 2021.

Already, other countries are stepping forward. Over the summer, French and German diplomats abandoned talks at the G7 about a U.S. plan to reform the WHO, arguing that Washington had no standing to overhaul an agency it was planning to leave. Instead, a Franco-German proposal, which calls for more funding and more authority for the organization in exchange for more transparency from its administration, is getting traction in Geneva, effectively giving Europe, rather than America, the mantle of leadership at the WHO.

It’s not just America’s allies that are asserting themselves in the realm of global health: Russia and China are strategically donating coronavirus vaccines to countries in their circles of influence. Beijing also boosted its WHO funding in response to the U.S. cutoff and announced $2 billion in aid to help the coronavirus response in developing countries. Global aid has been a key source of American power in developing countries, and China is poised to step in as the new benefactor.

On a practical level, America supplies a disproportionate amount of expertise to the WHO, so the agency could be hobbled if Trump recalls U.S. staff. Yet Trump is also walking away from a venue where America has long been able to advance its own interests. Up to this point, administrations from both parties have thrown around their weight at WHO headquarters to ensure strong intellectual property protections for medicines — a boon to the massive American pharmaceutical industry but not so popular in poorer parts of the world that want lower drug prices. The Trump administration also has been outspoken in inserting language into global health agreements to discourage abortion. Without the WHO, a second Trump administration would have to advance these interests through other channels.

That’s something it already has shown a willingness to do, at least when it comes to abortion. In four years, Trump’s team has cut off U.S. global health aid to organizations that perform or even discuss abortion, extending the reach of the so-called Mexico City policy to foreign governments and other recipients. The latest expansion came in September, with a draft regulation that would extend the policy further to contractors, not just grantees. If it becomes official, the move would force more aid groups, many of which provide HIV care and other women’s health services, to make an existential choice: drop abortion or risk going out of business. The new regulation can’t come into force until after a 60-day comment period, which ends after the election, on November 13. (Joe Biden has promised to scrap the Mexico City policy if he wins.)

The Trump administration has said it will redirect its WHO contributions — once the single biggest source of cash to the United Nations health body — to other global health efforts, or perhaps create its own WHO alternative. And Congress has consistently continued to fund PEPFAR (to fight AIDS) and The Global Fund to Fight AIDS, Tuberculosis and Malaria on a bipartisan basis. But if Trump continues to undermine or politicize U.S. domestic health institutions, as he has done during the coronavirus crisis, that could reverberate beyond U.S. borders. Many foreign countries recognize drugs approved by the Food and Drug Administration, rely on help from the Centers for Disease Control and Prevention to contain outbreaks and benefit from advances developed from National Institutes of Health research.

The weakening of those agencies could create another opening for other countries. In a major speech in September, European Commission President Ursula von der Leyen called for a European version of the U.S. Biomedical Advanced Research and Development Authority, a move that could woo private R&D money across the Atlantic. There’s also a major effort underway to give the European Centre for Disease Prevention and Control — so far, a relatively modest operation compared with the CDC — more resources and authority so it can monitor and respond to threats in Europe and around the globe. But both of these ambitions will take time, and possibly more money than EU countries are willing to give.

Even if America’s friends and rivals aim to build their own global health infrastructure, experts say the world will suffer in the short term, given the outsized role the United States plays in providing expertise. In an “Ebola-type of outbreak where you’d want to have global solidarity,” said Josh Michaud, an associate director for global health policy at the Kaiser Family Foundation, “there would be a gaping hole left by the absence of the U.S. under a Trump administration.”

— By Sarah Wheaton

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TRADE

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Illustration by Giulio Bonasera for POLITICO

A shakeup accelerated by a virus

It’s hard to remember just how quiet a corner of policy trade was before Donald Trump arrived on the scene. What seemed like a glide path toward more global integration was sharply, loudly disrupted by his campaign and presidency. Trump stocked the White House with hawkish outliers, abruptly pulled out of the world’s largest trade deal and sharply pivoted American policy to an improvised protectionist approach, stiffly enforced by punitive tariffs.

No trade expert seriously expects Trump to deviate from his approach in a second term: China is the enemy, America comes first, tariffs are a tool and tensions are the new normal.

“No. 1, and no question about it: This administration has changed the conversation, the approach, the outlook on China forever,” said Clete Willems, former deputy director of the National Economic Council in the Trump administration, who now advises multinational clients at a Washington law firm.

Not everyone agrees with Willems that it’s the right approach, but experts from across the political and policy spectrum agree that the genie won’t be easy to put back in the bottle — on trade with China or anywhere else. And this is where the next four years will matter.

Having renegotiated (and rebranded) NAFTA, Trump is now trying to lock in new treaties with a number of top trading partners. First up is the U.K., the fifth-largest export market for U.S. goods, which is leaving the EU; those talks are already underway. Trump also has promised new trade deals with other significant partners — like India and Brazil — though those haven’t progressed as far. If he succeeds, he’ll have engineered a series of one-on-one deals that firmly extract the United States from its former role as dean of the multilateral trade system.

But there’s a strong case that when it comes to trade, Trump will have trouble making his revolution into a durable regime. Enforcing his 2020 replacement deal for NAFTA will take up time and energy — all to support a deal that wasn’t especially radical, and isn’t expected to substantially increase trade or wages in the United States. Trump spent years hyping up trade talks with China, only to end up with a preliminary deal that he now faces the difficult decision of whether to declare a failure, given that Beijing isn’t on track to meet the commitment it made earlier this year to buy an additional $200 billion worth of U.S. goods over the next two years.

And no one in Washington is sure that his tough-minded trade chief Robert Lighthizer — respected by both Democrats and Republicans on Capitol Hill and known as an effective negotiator on the global stage — will be sticking around for a second Trump term to help carry out his priorities.

The reality is that Trump hasn’t broken anything just yet, and has few big victories to show. Global supply chains have survived Trump’s first term, despite his tough talk. And companies that have moved their manufacturing out of China haven’t necessarily brought the jobs back to the United States; many have just rerouted their supply chains to other countries with cheap labor like Vietnam and Mexico.

Still, those with a globalist outlook worry that the four more years of the Trump way — one-on-one deals, unpredictable blowback for perceived infractions — will make it harder to regain trust, and market access, from U.S. allies and trading partners. Just ask Canada, which has been hit by tariffs on aluminum not once but twice. The first time Ottawa quickly slapped retaliatory tariffs on billions of dollars’ worth in U.S. goods; the second time the U.S. withdrew the tariffs days before Canada was set to do it again. Privately, Canadian officials and industry leaders say Trump’s unpredictability and willingness to attack even his closest allies has reminded them of the importance of diversifying their trade relationships away from the United States.

“What he’s actually done is produce very few victories and has caused a lot of collateral damage in the process,” said Bill Reinsch, a trade policy specialist at the Center for Strategic and International Studies.

Ironically, one factor could help Trump in getting his wish for more “reshoring” of jobs if he wins four more years: coronavirus. Between Trump’s nudging and the realities of the pandemic, some companies already have had no choice but to change how they do business. A recent survey of global manufacturing executives found that almost a quarter have moved some operations out of China and more are considering it. (And, in this case, of those looking to leave China, the majority are looking to move operations closer, to the United States, Mexico or Canada.)

Unlike other areas, experts don’t see a Biden presidency quickly restoring the old normal. Former Vice President Joe Biden, the Democratic nominee, isn’t expected to prioritize trade in the early months of his administration, and removing most of Trump’s tariffs — the president has slapped tariffs on more than $360 billion worth of Chinese goods so far — would make Biden look weak on China. And whether it’s Biden in 2021 or someone else in 2025, the president who succeeds Trump will inherit a new version of the global economy, shaken up by Trump and reshaped by the coronavirus, for better or worse.

— By Sabrina Rodríguez

DEMOCRACY

Will authoritarians feel emboldened?

When Donald Trump defeated Hillary Clinton in 2016, Russian politicians literally broke out Champagne. If Trump wins again, much of the rest of the authoritarian world could join in. “If he’s reelected, we’re going to see an acceleration of what we’ve experienced over the past four years,” said Norbert Röttgen, chairman of the German parliament’s foreign affairs committee and a member of Chancellor Angela Merkel’s center-right Christian Democrats.

In both word and deed, Trump has made no secret of his fondness for some of the world’s most notorious strongmen. “It’s funny, the relationships I have,” Trump told Bob Woodward earlier this year. “The tougher and meaner they are, the better I get along with them.”

Trump’s bromance with Russia’s Vladimir Putin was apparent even before he moved into the White House; it became clear fairly early on in his presidency that he felt kinship with authoritarians of all stripes. One of the highlights of his early months as president was his first foreign visit, which took him to Saudi Arabia, where he enthusiastically participated in a traditional sword dance.

The reception he received there left a strong impression. When Saudi Prince Mohammed bin Salman faced international outcry (and outrage in the U.S. Congress) over an operation to murder and dismember Washington Post columnist Jamal Khashoggi, an ardent critic of the regime, Trump stood up for his new friend the prince. “I saved his ass,” Trump went on to tell Woodward. Around the same time, Trump professed that he and North Korean dictator Kim Jong Un, the leader of one of the most repressive regimes on the planet, had fallen “in love.”

Democrats around the world fear that another Trump victory would further embolden authoritarian regimes, dealing a severe, if not fatal, blow to the liberal world order. So, it’s no accident that authoritarians from around the world have been lining up root Trump on. Last month, for example, Hungarian leader Viktor Orbán, whose tight grip on power has stirred the ire of the EU, said he endorsed Trump for a second term. “The U.S. president is on particularly close, one could almost say friendly, terms with all the Central Europe leaders,” Orbán said during his weekly public radio interview. “This is why we, or at least I am personally supporting him to win the election.”

Another Trump fan is the government in Poland, which also finds itself under the scrutiny from the EU for not adhering to the bloc’s democratic standards. Should Trump win, leaders in Hungary and Poland would likely feel emboldened to chip away at democratic freedoms in their countries, secure in the knowledge that Washington has their back.

Then there’s what Trump calls “the easy ones,” a group that includes most European leaders, whom the president has said he doesn’t “like as much … or get along with as much.” Longtime U.S. allies such as Germany worry that a second Trump term would do irreparable damage to multilateralism and the transatlantic relationship. Trump, who once called NATO “obsolete,” has lashed out at Berlin since becoming president for not meeting its defense spending pledges. The administration has also gone after Europe for not toeing the U.S. line on everything from China to Iran.

“Unfortunately, it’s become a quite dysfunctional relationship over the last four years,” said Daniel S. Hamilton, a veteran U.S. diplomat and academic who has spent his career traversing the Atlantic. “There have been times earlier when relations were not good. … But the Cold War differences we’re always in a framework of the Cold War … Now there’s no overarching glue.”

— By Matthew Karnitschnig

And what if it’s Biden?

As dramatic as some of these predictions might seem, Americans shouldn’t expect Joe Biden to immediately do a 180 on U.S. foreign policy if he’s elected.

Foreign governments generally accept that there’s relatively little policy space between Republicans and Democrats on trade these days: You might see fewer tariffs and language more amenable to allies under Biden, but there are no easy trade deals anymore. And the United States is in retreat regardless of who wins the election, lacking the political will and the resources to be what James Crabtree, a professor at the National University of Singapore, calls “an all-round, all-weather superpower.”

Trump might continue to accelerate the trend, and Biden’s rhetoric on a range of issues would be sharply different, but a President Biden would also be tied up in domestic crises, starting with coronavirus management and recovery.

A continued retreat comes with risks for both America and the world, however. The EU is doing heavy lifting on climate change and forging an independent course on China. Russia and Turkey are asserting themselves across the Middle East and North Africa. A growing China continues its massive global infrastructure and financing programs, and the U.N. Security Council is, largely, an irrelevance.

Even if Trump doesn’t get four more years, Trumpism will have made a lasting impact on the world.

— By Ryan Heath

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Thursday, September 17, 2020

Preparing for Trump’s martial law

Perhaps we shouldn’t be surprised that as the election grows closer, Donald Trump’s allies and sycophants are trying to shop a low-key civil war via the Insurrection Act of 1807, which Trumpworld learned about in early June when Trump gassed protesters so he could do a photo op in front of a church holding a Bible upside-down. Trumpworld is now very jazzed to use this 1807 act. Not entirely clear they know much about it except that they think they can do martial law with it.
Trumpworld has every reason to be worried. They can read the polling on the internet, and it’s not great. Trump’s economy is even less great, and coronavirus has already killed 195,000 Americans. And then there’s the Woodward tapes, which show the president knew the coronavirus was “the plague” while still holding indoor rallies and tweeting about liberating states from lockdown. There is not much American greatness happening, despite Trump’s promise of it. This is so true that the campaign slogan “make America great again, again” feels like something right out of Veep.
Trump’s civil war pitch started in June with an opinion piece by one Tom Cotton, or as I like to think of him, the worst senator in the Senate except for Rand Paul. Tom Cotton loves war. Tom Cotton has embraced the idea of war with two countries so far, Iran and China; and now he’s casually shopping the idea of a low-intensity civil war by deploying federal government forces “to protect law-abiding citizens from disorder.” He added, “One thing above all else will restore order to our streets: an overwhelming show of force to disperse, detain and ultimately deter lawbreakers.” This was in response to one night of looting in SoHo, where a Chanel store was broken into. I mean the federal government does not need to be harnessed for one night of looting in SoHo. 

Wednesday, September 9, 2020

Trump will soon have power to declare martial law

ALAN DERSHOWITZ, OPINION CONTRIBUTOR
The views expressed by contributors are their own and not the view of The Hill
The Constitution, quite surprisingly, is silent on the issue of martial law and emergency powers. Martial law and emergency powers were not actually uncommon at the founding of the nation, and several state constitutions provided for them in cases of emergency. That silence, however, has not stopped presidents from exercising such powers, generally upon the request and with the cooperation of states.
In more recent history, for instance, President Johnson deployed federal troops to Detroit in 1967 during a riot and once more to Chicago amid violence during the Democratic convention in 1968. He had the blessing of the states and cities in both cases. California requested and received federal troops during the Los Angeles riots in 1992. However, President Eisenhower sent the 101st Airborne Division to Little Rock against the wishes of Arkansas to enforce high school integration in 1957. President Kennedy federalized the National Guard to force integration of the University of Alabama in 1962, also over state objections.
The closest the Constitution comes to regulating these powers is in a prohibition against suspending the writ of habeas corpus “unless when in cases of rebellion or invasion the public safety may require it.” We are definitely not experiencing an invasion, nor do the current disturbances, violent as some but not others have been, qualify as a rebellion.
Accordingly, even if President Trump were to try to invoke martial law or emergency powers, claiming that they are inherent with his authority as commander in chief of the armed forces, the courts would have the last word, because citizens detained without due process would be able to secure judicial review by means of the “great writ” of habeas corpus. The courts must remain open even during dire emergencies.
What then would the courts do if the president were to declare martial law and have the military detain protesters? The answer here is clear. No one knows. There are no direct precedents for such an action when our nation is in peacetime. Even the wartime precedents speak with different voices. President Lincoln suspended habeas corpus during the rebellion we call the Civil War. Moreover, President Roosevelt ordered the confinement of more than 100,000 Americans of Japanese descent after Pearl Harbor and martial law was declared in the territory of Hawaii.
In a case growing out of the Civil War, the Supreme Court justices used soaring language, pointing out that the framers “foresaw that troublous times would arise, when rulers and people would become restive under restraint, and seek by sharp and decisive measures to accomplish ends deemed just and proper, and that the principles of constitutional liberty would be in peril, unless established by irreparable law.”
The country “has no right to expect that it will always have wise and humane rulers, sincerely attached to the principles of the Constitution. Wicked men, ambitious of power with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln.” If this right to suspend the provisions of the Constitution during the great exigencies of government “is conceded and the calamities of war again befall us, the dangers to human liberty are frightful to contemplate.”
Despite this language, the court allowed detention of the citizen who brought the petition. Governors have declared martial law in response to all manner of domestic disturbances, ranging from strikes to riots to disputes over oil production. In a case involving a conflict between coal miners and mine owners, Justice Oliver Wendell Holmes wrote that a governor may seize “the bodies of those whom he considers to stand in the way of restoring peace.” The courts generally have not intruded on the exercise of such extraordinary powers while emergencies persisted, but the courts have insisted that they end when an emergency is over.
The history of martial law in our states has been mixed with numerous abuses and excesses. This should not be surprising, since “martial law” is a contradiction in terms. If it is martial, meaning the rule of the military or the police, then it is not law. It is power. If a president, as distinguished from a governor, decided to declare martial law across the nation, or even in selected states or regions, would he need the approval of Congress? Another question is whether Congress has already given the president the authority to declare martial law or to suspend individual rights.
There are several statutes, including the Insurrection Act and the Posse Comitatus Act, that may be relevant but none are definitive. Were the president to claim that both the violent disruptions and the threat of a renewed spread of the coronavirus justified the use of the military or the suspension of certain basic rights, he would be embarking on uncharted waters, and so would the courts. There is no governing precedent for a combination of dangers such as the ones today. The courts would look to past invocations of martial law and emergency powers for guidance. They would pay greater deference to an executive branch declaration if Congress authorized it than if the president acted alone.
Back in the early 1970s, I wrote a series of articles about the history of martial law and emergency powers. This is how I summarized our mixed record back then. “What then could we reasonably expect from our courts if any American president during a period of dire emergency were once again to suspend important constitutional safeguards?”
“Our experiences suggest the following outline. The courts, especially the Supreme Court, will generally not interfere with executive handling of a genuine emergency while it still exists. They will employ every technique of judicial avoidance at their disposal to postpone decisions until the crisis has passed. Indeed, although thousands of persons have been unlawfully confined during our various periods of declared emergency, I am aware of no case where the Supreme Court has ever actually ordered a release while the emergency was still in existence.”
“The likely exceptions to this rule of judicial postponement will be cases of clear abuse where no real emergency can be said to exist, and cases in which delay would result in irrevocable loss of rights, like those involving the death penalty. Once the emergency has passed, the courts generally will not approve further punishment. They will order the release of all those sentenced to imprisonment or death in violation of ordinary constitutional safeguards. But they will not entertain damage suits for illegal confinement ordered during the course of the emergency.”
Let us hope that the nation never gets to a point where martial law or other emergency measures that curtail fundamental rights are deemed necessary. If it does, there are no absolute guarantees in our Constitution or in our precedents to assure that the proper balance will be struck.
Alan Dershowitz, professor emeritus at Harvard Law School, served on the legal team representing President Trump during the Senate impeachment trial. He is an author whose newest book is “The Case For Liberalism in an Age of Extremism” available on Kindle. Follow him on Twitter @AlanDersh.