Categories
Quick Analysis

Marxists Allege they are “Morally Correct” Even When Factually Wrong

Communism, a philosophy increasingly popular with leftist and progressive groups in the United States, has been responsible for 94 million deaths, through executions, man-made hunger, famine, war, deportations, and forced labor.  Massacres, torture, forced disappearances, extrajudicial killings, terror, ethnic cleansing, enslavement and the deliberate starvation of people such as during the Holodomor and the Great Leap Forward have been described as crimes against humanity. David Slater, writing for the Wall Street Journal, notes that “Although the Bolsheviks called for the abolition of private property, their real goal was spiritual… For the first time, a state was created that was based explicitly on atheism and claimed infallibility. This was totally incompatible with Western civilization, which presumes the existence of a higher power over and above society and the state.”In his exclusive report to the New York Analysis of Policy and Government, Judge John H. Wilson (ret.)  examines how Marxists insist they have the moral high ground despite their unconscionable record.

During a January 2019 interview, New York State Congresswoman Alexandria Ocasio Cortez made a statement that confused many of her listeners.  When asked about the mathematical inaccuracies of her tax proposal, she stated “I think that there’s a lot of people more concerned about being precisely, factually, and semantically correct than about being morally right.” 

Being “morally correct” and “factually wrong” is not a concept invented by Congresswoman Ocasio Cortez.  Another example occurred during the protests after the shooting of Michael Brown in Ferguson, Missouri in 2015.  To this day, anti-police protestors often throw their hands in the air and cry “Hands Up, Don’t Shoot,” while claiming that Brown had made this gesture and uttered these words before being shot by Police Officer Darren Wilson.  In fact, according to Politico, “a St. Louis County jury could not confirm testimonies to the effect that Brown had been holding his hands above his head and telling Wilson not to shoot him. A Department of Justice investigation (also) could not corroborate those details, either, after interviewing roughly 40 witnesses.”

Yet, despite the lack of factual support for the gesture, according to CNN, “(t)o people who have embraced the ‘hands up’ gesture, though, the varying accounts don’t seem to matter much. Within hours of the shooting, ‘hands up’ became a rallying cry, a social media meme and a T-shirt slogan…(t)he image has transcended the specifics of Ferguson to make a longstanding grievance a national issue. It started a conversation about racial politics and allegations of police misconduct…” 

Thus, the factual truth of the matter is irrelevant – it’s the moral truth that matters here.

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The ability to divorce truth from the facts lies in the rejection of “moral realism” – that is “the position that there are mind-independent facts about ethics that are true and binding even if we have beliefs to the contrary. For example, the moral realist would say that it is objectively wrong to rape, even if the vast majority of people and cultures believed otherwise—the truth of ‘rape is wrong’ holds irrespective of our opinions and judgments about rape.”  Someone who holds to “moral realism” believes that truth is based on fact, regardless of opinion or belief.

On the other hand, for the “moral relativist” “there are no mind-independent facts about morality; morality can be constructed or is merely relative to culture… Moral relativism, broadly construed, is the view that ethical codes are relative to the standpoints of the peoples who embrace them.”  

Holding to a position of moral relativism would allow Ocasio Cortez or any anti-police protestor to believe that the factual truth is not important – in their view, every police officer wishes to deprive every black person in America of their rights and lives regardless of the objective truth.

The Report Concludes Tomorrow

Categories
NY Analysis

Biden, Corruption, and Censorship

Because so many media outlets have chosen to censor this story, we will continue to position it until the the election results are fully certified.

The New York Post has provided information indicating that the Biden family used the office of the Vice President to profit from America’s prime enemy, China. In response, biased social media giants have sought to censor the story.

The Post reports that Hunter Biden pursued lucrative deals involving China’s largest private energy company — including one that he said would be “interesting for me and my family,” emails obtained by The Post show. One email sent to Biden on May 13, 2017, with the subject line ‘Expectations,’ included details of ‘remuneration packages’ for six people involved in an unspecified business venture. According to the Post, the email suggests that participants were considering reserving 10% of the equity in the deal for ‘the big guy.’

 Joe Biden has, throughout his career, plagiarized, and displayed incredibly poor judgement. His advice to Barack Obama not to get Osama Bin Laden is the cherry on the top of a career of ill-advised moves. His probable role in abusing the FBI and the Department of Justice in attempt to overturn the results of the 2016 election may yet land him in deep legal trouble.

The former Vice President has displayed infuriating arrogance during his nearly half-century career in government, in which he accomplished little for the nation but very much for his own benefit. His recent comment that the voters “don’t deserve” to know his position on his party’s outrageous threat to pack the Supreme Court reveals an attitude that makes him supremely unqualified for the nation’s highest position, as does his contemptuous and condescending attitude towards minorities.

Some may pass off his recent series of strange comments as a result of his apparently deteriorating mental condition.  On more than one occasion, to cite just one example, he has forgotten what state he is in, and what position he is running for.

This, in and of itself, should have led to his withdrawal

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While Biden displays the ravages of age to a greater degree than some others of similar years, his bizarre behavior is nothing new.  Take a look at his 2012 vice-presidential debate with Paul Ryan.  Many observers wondered whether his giggling, guffawing and inappropriate behavior, even then, marked him as an individual with questionable intellectual skills.

There is a clear and specific reason that these factors have not destroyed Biden’s quest for the White House. Many in the media, which is deeply biased in favor of the Left, have willingly and rather thoroughly glossed over and, as in the social media response to the recent New York Post article, actually censored unflattering details about him.

The statements by some censoring social media moguls and their apologists that they did not want to print what they considered unconfirmed or, at least in their opinion, scandalous material does not stand the test of scrutiny. It didn’t seem to apply to any of the thoroughly debunked “Russian Collusion” charges levied against President Trump, or any of the countless other unsubstantiated charges the current occupant of the Oval Office has endured.

Conservatives are always at a disadvantage in fighting media censorship.  The Left is quite comfortable with the idea of shutting out opposing ideas. The Right is not.  They correctly point to the dangers of government control inherent in addressing the problem of addressing social media bias.   

But, as Frank Vernuccio, editor-in-chief of this publication wrote in the Washington Times in 2018,

“… a modified version of the “common carrier” concept could be applied without the overlay of government control that proponents of the concept maintain is necessary for the more physical world of trains and planes.  That highly modified common carrier concept could warrant—without any other government intrusion, regulation, or oversight– that monopolistic internet giants such as Twitter and Google treat all users equally.”

Categories
Quick Analysis

Foreign Policy Update

THINK TANK FUNDING

Secretary of State Michael Pompeo on Tuesday called for US think tanks to be more transparent about their funding by foreign governments, especially sources in China and Russia. He said in a written statement that it is not required under law but is needed “To protect the integrity of civil society institutions, the Department requests henceforth that think tanks and other foreign policy organizations that wish to engage with the Department disclose prominently on their websites funding they receive from foreign governments, including state-owned or state-operated subsidiary entities.” This announcement comes as the Trump Administration continues cracking down on foreign influences on the US political system.

CHINA

China is continuing influences campaign inside the United States, according to Secretary Pompeo. In a recent press interview he said, when asked about Chinese activities in the US, that “We have inside our own classrooms, in K-12 institutions in Georgia and my home state of Kansas, all across America, we have the Chinese Communist Party under the veil of these things called Confucius Institutes impacting our kids, putting their propaganda on top of our children.  It’s unacceptable, and we are working to, by the end of the year, have them out of every school all across America.” Pompeo said US schools need to “face up to the fact that this money is being used to subvert our democracy, to undermine our way of life, and we should simply say it’s unacceptable, we’ll find another way to underwrite our schools, to pay for our kids to go where they need to go.”  He called taking money from the Chinese Communist Party to keep our schools afloat an unacceptable tradeoff.

ISRAEL AND MIDDLE EAST PEACE

Recent breakthroughs by the Trump Administration toward lasting peace and stability in the Middle East have gone almost unnoticed in much of the American institutional media. In an interview Thursday Secretary Pompeo said that what the President has “done has been important for citizens all across America.  I was a soldier once, a long time ago now.  We will have few American young men and women who have to go to the Middle East and fight because of the work that the United States has done under President Trump’s leadership.  We now have two countries who have accepted that Israel’s here to stay, that it’s the Jewish homeland.” Pompeo said they want to partner with it, not hate it and that the Administration intends to find more countries that will want to do that as well.

The Secretary said Washington is flipping the traditional script.  “The old story that – for eight years, President Obama said well, you can’t do anything until you solve the problem Israel and the Palestinians.  The truth is people in the Middle East and the Gulf States, they want peace too, and the Abraham Accords have now begun to deliver on that important promise.” According to Pompeo, it will save the lives of America’s armed forces and create less risk that a terror event that starts in the Middle East will come to our homeland.

MAYANMAR

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According to a joint statement issued by the US, the European Union, Great Britain, and the UN High Commission on Refugees, on October 22  the international community together to address the Rohingya crisis. At a virtual conference, they will urge countries to increase assistance for Rohingya refugees, host communities, and internally displaced people in Myanmar, more than three years since the latest phase of the crisis began in August 2017. The UN has appealed for more than $1 billion in aid to meet the humanitarian needs of Rohingya refugees in Bangladesh this year, but so far less than half has been contributed. This leaves a significant funding gap, made worse by the COVID-19 pandemic. The conference, it notes, aims to raise urgently needed funds to help vulnerable displaced Rohingya living in and outside of their native Myanmar and to support critical services in host communities throughout South and Southeast Asia.

HONG KONG

The Chinese Communist Party (CCP) has systematically dismantled the autonomy that Beijing promised to the Hong Kong people and the world in a UN-registered treaty, accord to State Department Spokesperson Morgan Ortagus. “Through the imposition of the National Security Law, the CCP has crippled democratic institutions, human rights, judicial independence, and individual freedoms in Hong Kong. The United States has publicly condemned an increasing number of problematic actions taken by Beijing and Hong Kong authorities to stifle dissent and eviscerate Hong Kong’s autonomy.” 

These include the installation of a mainland security agency, mass arrests of peaceful protestors, the politically motivated delay of the September 2020 Legislative Council elections, and the capture and detention of Hong Kong democratic activists attempting to leave Hong Kong.

The Hong Kong Autonomy Act requires the Secretary of State to submit a report to Congress identifying foreign persons who are materially contributing to, have materially contributed to, or attempt to materially contribute to the failure of China to meet its obligations under the Sino-British Joint Declaration or Hong Kong’s Basic Law. According to Ortagus, this year’s report includes ten PRC and Hong Kong officials whose actions have undermined freedoms of assembly, speech, press, or the rule of law, or whose actions have reduced the high degree of autonomy of Hong Kong. 

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Saturday, she presents key updates on U.S. foreign policy from the State Department.

Illustration: Pixabay

Categories
Quick Analysis

When Is It a Propaganda War?

Chinese President Xi Jinping this week visited his PLA Marine troops and gave a rousing speech calling on them to “put all (their) minds and energy on preparing for war,” according to a state-run news organization. He ordered soldiers to “maintain a state of high alert” and to be “absolutely loyal, absolutely pure, and absolutely reliable.” While this is reminiscent of standard Chinese propaganda to the troops, US military analysts believe something new is happening within the CCP. President Xi is injecting a revived sense of ideological conviction into his speeches and other pronouncements coming out of Beijing. Is this a preparatory phase in a future physical war or simply another stage of development in China’s ongoing persuasion operations? Some in the US intelligence community are increasingly concerned that China may be preparing for actual military action against Taiwan, or perhaps the capture of some of the outlying islands between China and Taiwan. Increased ideological fervor could be part of that preparation.

A recently translated essay by Huang Xianghuai, a senior researcher at the CCP Central Party School, exposes a new sense of urgency within the CCP reinforcing its “ideological work.” Huang cites several key senior Party leadership messages intended for lower ranking cadre and governments officials. What is concerning to the US intelligence community is the chasm in tone between external propaganda aimed at the West, which speaks to a positive US-China relationship based on peaceful relations in 2020, and “darker” internal documents such as Huang’s meant only for bureaucrats and Party cadre. “Nei bu wen jian” or “internal documents” reveal a more sinister approach to China’s foreign relations.

Huang writes that “When China actively absorbs and borrows from the excellent achievements of human society for our use, it is in order to gain comparative advantages over capitalism and take our own path to prosperity, without, however, forgetting our roots or mechanically copying the development models of other countries.” He points out that President Xi says ideology determines the direction of progress in China, calling it the “calcium” of a communist’s spirit. When deficient, he suggests, cadre could sway and go down “the slippery slope of ideals….” Which “is the most dangerous kind.” The “biggest political power lies in winning people’s hearts.”

China’s Confucius Institutes in the United States are being exposed as Chinese propaganda operations intended to win American hearts and minds. They are part of a larger program to weaken western resolve. China doesn’t want to be held accountable for its abusive actions in Xinjiang against its Uighur minority, aggressive anti-democratic actions in Hong Kong, or for its military aggression toward Taiwan, among other issues. Huang argues that there is “no power greater than the kind of power that can manipulate people’s concepts, thinking, and intentions.” He adds that “If we liken national power to a tabletop, the four legs supporting that table are economic power, military power, ideological power, and political power.” Analysts are watching closely to see if this revving up of “ideological power” is priming the Chinese for future military action. 

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Huang declares boldly there is no universal system of rule of law that applies to China. Stated another way, China says it doesn’t have to abide by the norms-based rules of the successful, modern nation-state system that has been in operation since the Peace of Westphalia in 1648. Xi and the CCP leadership intend to remake the world in China’s image. He says that the Party started working on reimbued ideology in earnest before the 18th National Party Congress which was held in November 2012. The CCP started by conducting a study of 2,000 leading cadres to determine what needed to be done to reinforce ideology throughout the leadership in preparation for changes in domestic and foreign policy. He points out that ideology has been summarized by some expert scholars with the phrase “the three smiles: a cold smile when hearing about Marxism, a faint smile when hearing about socialism with Chinese characteristics, and laughter with a smile when hearing about communism.” What is concerning the western IC is that Huang says President Xi and the CCP have turned the situation around “to a considerable degree since the Party’s 18th National Congress.” 

China’s understanding of the media is that it should lead opinion, not report it. He says that “proper management and use of the internet is critical for firmly mastering news and public opinion…” and that “to firmly maintain internet ideology dominance is to protect the sovereignty and authority of the State.” To control hearts and minds, domestically and abroad, China believes it must control the press, the Internet, and strictly limit ideas to those approved by the Party apparatus. The question left unanswered today is — Does this ideologically-based Marxist methodology serve China as a precursor to actual military action? 

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Friday, she presents key updates on China.

Illustration: Pixabay

Categories
Quick Analysis

Has the Civil War Begun?

Across kitchen tables and water coolers, in hushed tones and worried glances, Americans are quietly asking each other whether a new Civil War is coming.

Political squabbles, no matter how bitter, do not lead to speculation about a nation splitting apart.  But what has occurred over the past decade is far more than disputes between parties or a clash of ideologies.

The first instance of an abnormal threat arose when Progressives attempted to overturn the 2016 presidential election with false charges.  But even before then, when the Obama Administration made radicals and terrorists honored guests at the White House, and used the Internal Revenue Service and the Department of Justice to attack those who disagreed with its policies, it became apparent that a chasm was opening between the activist left and the rest of the nation.

The groundwork was laid even earlier.  Educational institutions, media outlets, and Hollywood began pushing an historically inaccurate, indeed libelous, picture of the nation that has provided more freedom and more prosperity than anything else that ever existed.

Now, mayors in places like Portland, Oregon side with rebellious mobs over their own police force.  New York’s Mayor defies both the city’s own ethics rules and the United States Constitution in his determined bid to put the interests of an extremist group and the criminal actions they undertake above the good of his own city.

The lesson of history and especially the 20th Century is that freedom has many enemies. Its opponents have had many variations in name, but many similarities in practice. The use of inciting and misleading propaganda to intimidate voters. Threatening public order with groups claiming ancient grievances that have already been largely resolved. Discrediting established centers of justice and law. Glorify a ruthless criminal element who make the use and threat of violence a normal part of politics.

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The recent attempted assassination of two Los Angeles sheriff personnel is a continuation of the Antifa/Black Lives Matter/Progressive violent opposition to law enforcement, evidenced by the subsequent demonstration at the hospital by Leftists shouting that they hoped the wounded victims die.

A key essential is subverting the normal processes of elective politics. This was done by Speaker Pelosi and Rep. Adam Schiff following 2016. An even more dishonest and radical plan to do so is being planned for the 2020 ballot.

Having failed to unlawfully wrest power through the collusion myth, an Orwellian scheme called the “Transition Integrity Project (TIP)” is the next attempt by the Left to ensure that power is taken no matter what the election result is, unless the result is so overwhelming it cannot be denied. Not satisfied with seeking to tip the scales by various means, depending on the state,  such as issuing drivers licenses to illegal aliens that made it easy for them to register to vote, opposing reasonable ballot security, giving convicted felons the vote, allowing party partisans to collect ballots, and instituting mail in voting without any safeguards to insure only qualified voters submit ballots, TIP’s perpetrators are peddling a completely false fairy tale that the Trump Administration wouldn’t acknowledge a potential election lost.  It’s essentially just another in a series of phony, sensationalist attempts to distract the public from concentrating on policy issues, such as the Democrat leaders’ unpopular support of Antifa violence, open borders, tax increases, decreased funding for the police and the military, and tolerance of China’s theft of American jobs.

TIP’s end goal was clearly enunciated by both Hillary Clinton, who advised Joe Biden not to concede no matter what the election result is, and John Kerry, who urged violence in the streets in the event of a Trump victory.

A continuation of the attempts to overturn election results is a serious challenge to the American form of government, but it is not the only danger. The normalization of violence is the essential addition that could lead to open conflict.

The attempted overturning of elections, the use of violence, the spreading of malicious propaganda: the answer to the question of whether a civil war is coming, is no. No, because it has already arrived.

Categories
Quick Analysis

Whatever Happened to Self Defense? Part 2

This in-depth report was provided exclusively to the New York Analysis of Policy and Government by the distinguished jurist, Judge John H. Wilson (ret.)

Then there is Mark and Patricia McCloskey of St Louis, MO.  When a group of protestors entered the grounds of their gated community, the McCloskey’s defended their home with firearms.  As the incident is described by Fox News host Tucker Carlson, “the McCloskeys sat in their backyard together having dinner. Suddenly, as they ate, a mob of hundreds of screaming people destroyed a wrought iron gate with a no trespassing sign on it and came pouring in, moving toward them quickly…(t)his mob was clearly intense on violence. They said so…the mob threatened to murder him and his wife. Then they threatened to kill the family’s dog.  Panicked, the McCloskeys called the police. Then they called the neighborhood security patrol, but no one came. They had no choice to protect themselves.” 

In language almost identical to the New York and Georgia law cited above, Missouri law states that “(a) person may…use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person.”   

Yet, despite the fact that the protestors were trespassing, and threatening “unlawful force” against the McCloskeys, St Louis Circuit Attorney Kim Gardner charged the McCloskeys with unlawful use of a weapon as a felony. 

Finally, there is the case of Kyle Rittenhouse.  According to the Chicago Tribune, the 17 year old Rittenhouse was in the process of guarding businesses in Kenosha, Wisconsin with a rifle during the riots which followed the shooting of Jacob Blake, when “Joseph Rosenbaum, 36, of Kenosha…(chased) Rittenhouse…into the parking lot of a used-car dealer.  When Rosenbaum, who was unarmed, finally cornered Rittenhouse, he grabbed for the teenager’s gun. Multiple shots rang out, and Rosenbaum fell, mortally wounded… Rittenhouse hustled away. Soon a group of people began chasing him…shouting ‘Beat him up!’ ‘Get him! Get that dude!’ …(o)ne of the pursuers took a swing at Rittenhouse and knocked his ball cap off…  Rittenhouse stumbled and fell as he ran. One of his pursuers took a flying kick at his head and missed as Rittenhouse fired two errant shots from the ground. A second pursuer, Anthony Huber, 26, of Silver Lake, Wisconsin, swung a skateboard at Rittenhouse, hitting him on the shoulder, and grabbed and tried to hang onto Rittenhouse’s rifle. Rittenhouse shot Huber in the chest during that struggle..killing him…(a) third victim, Gaige Grosskreutz, 26, of West Allis, Wisconsin, who survived, first held up his hands in a gesture of surrender at a distance of a few feet. In one of his hands, he held a gun. But when he ‘moved toward’ Rittenhouse…Rittenhouse fired, striking (Grosskreutz) in the arm.”  

Once more, what is Wisconsin law on self defense?  “A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person…(t)he actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.” 

Yet, despite the law stated above, Rittenhouse was arrested and charged with murder, and related charges. 

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In all three cases, a police officer, a pair of homeowners, and an individual acting in defense of property, were charged with crimes while the facts point to these persons acting lawfully, in their own self defense.  Nonetheless, all have been charged with serious felony crimes, with the potential for incarceration (In Officer Rolfe’s case, the charge is subject to the Death Penalty, but the Atlanta DA has indicated he would not seek execution in this case).

Obviously, the political undertones of all three cases is a common denominator.  Atlanta DA Paul Howard is a Democrat, as is St. Louis Circuit Attorney Kim Gardner and the Kenosha County Prosecutor, Michael Graveley. All three arrests are related in one way or another to the rioting, looting and general unrest that has occurred in Democrat-controlled cities across America; The shooting of Brooks led to more riots in a city already suffering from the effects of riots after the death of George Floyd in Minneapolis;  The violent protestors who invaded the McCloskey’s residence in St Louis were supporters of the “Black Lives Matter” movement;  and the riots in Kenosha were a response to the shooting of Jacob Blake, who according to CBS News, “has previously been accused of assaulting his ex-girlfriend, with whom he has three children. A criminal complaint was filed against Blake on July 6, charging him with felony third-degree sexual assault…according to Wisconsin Circuit Court records.” 

There is an argument to be made that all three cases were brought in an effort to quell further protests and riots.  If so, this effort has been an absolute failure – civil unrest continues unabated across Democrat-controlled jurisdictions.  Further, to violate the rights of a police officer and several private citizens to appease a mob is no better than the justice Officer Rolfe, the McCloskeys and Kyle Rittenhouse could expect from the mob itself.

Luckily, cooler heads have begun to prevail.  Officer Rolfe is currently at liberty on bond,  and Paul Howard lost his bid for reelection.    The Attorney General for Missouri, Republican Eric Schmitt, has moved to intervene in the prosecution of the McCloskeys, and is seeking dismissal of the charges brought against them.    Further, regarding the charges brought against Kyle Rittenhouse, even self-described leftist Eric Zorn admits in the Chicago Tribune that “Rittenhouse is probably going to walk.  He’s going to plead self-defense — his lawyers have already signaled as much — and from what I’ve seen, read and heard, I predict he’s going to be acquitted on the most serious charges.” 

Once more, the strength of America’s legal system is displayed to full effect.  Though the arrests and prosecutions of Officer Rolfe, the McCloskeys and Kyle Rittenhouse were rushed to satisfy the appetite of an angry and violent mob, the deliberate process of the rule of law has come to the aid of each.  If the cases are not dismissed outright, each can expect to have their day in Court, and each is entitled to have the prosecutor establish they were not acting in self defense.

Contrast this justice with that demanded by the rioters.

Illustration: Pixabay

Categories
Quick Analysis

Whatever Happened to Self Defense?

This in-depth report was provided exclusively to the New York Analysis of Policy and Government by the distinguished jurist, Judge John H. Wilson (ret.)

In recent days, we have witnessed a series of incidents where private individuals and uniformed police officers have been arrested and incarcerated for what would appear to be acts of self defense.  But were these persons actions legal, or are they guilty of the crimes with which they are charged?

To begin our examination of this topic, the legal definition of self defense is “the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger…The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force…(r)easonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved.” 

This general definition limits self defense to oneself, or a member of one’s own family, however, many statutes are broader.  New York’s Penal Code describes the defense of justification as “conduct…necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor” and authorizes “(a) person (to) use  physical  force upon another person in self-defense or defense of a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property.”   

 When a defendant asserts self-defense, the prosecution has the burden to disprove the defense.  This is different from an “affirmative defense,” such as acting under duress, or entrapment.   In those cases, the defendant has the burden of proving his defense. 

As described by the “New York Criminal Attorney Blog,” “self-defense claims may not be available if the defendant is the initial aggressor or provokes the other person into attacking them with the intent of inflicting harm in retaliation. Even if a defendant is found to have met both of these elements, there is also the requirement that the force used be reasonable. Essentially, this is a proportionality requirement.” 

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With these basic rules in mind, let us turn to several recent cases.

Under these facts, the actions of Officer Rolfe should fit squarely within the definition of a justified homicide.  The language of Georgia’s law is similar to New York’s –  “(a) person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force.”    Georgia law even authorizes “Sheriffs and peace officers…may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others…” 

Yet, Officer Rolfe has been arrested and charged with murder by Atlanta District Attorney Paul Howard.    

The Report concludes tomorrow

Illustration: Pixabay

Categories
Quick Analysis

Tearing America Asunder

Is the American Left splitting the nation apart? The evidence is mounting in a truly worrisome manner. 

The Progressive attitude that rejects any affinity with fellow Americans that have different perspectives has been growing for some time. Barack Obama’s contemptuous description of those who didn’t agree with him as people “clinging to their bibles and guns” was followed up by Hillary Clinton’s labeling of conservatives as “deplorables. ” 

New York’s acerbic Governor Andrew Cuomo recently stated that if President Trump decided to return to his home state of New York he would require an “army” to do so. Infamously, Cuomo intentionally avoided using the Trump-provided U.S.S. Comfort hospital ship for non-Covid patients. He sent Coivd patients to nursing homes, a move that resulted in massive unnecessary deaths.

While underplayed by a leftist-leaning media, the statements and actions of Progressive adherents point to the movement’s harsh views of their fellow countrymen with opposing views.

Republican elected officials have been threatened, attacked and shot. Rep. Maxine Waters instructs her followers to assault presidential cabinet members in public places. Individuals have been threatened and beaten merely for wearing “MAGA” apparel expressing support for the incumbent president. Despite the blatant, extensive, prolonged and nationwide employment of large-scale violence, leftist groups such as Antifa and Black Lives Matter continue to be condoned and even celebrated by major Leftist politicians. At the same time, key Progressive groups urge the elimination of the Department of Homeland Security and the defunding of local police forces. In many major cities, hardened criminals are set free without bail, or released from prison citing Covid as an excuse. Left-wing governors have stretched the limits of their power in an effort to give felons who have served their time the vote.

Leftists across the nation seek to rewrite American history in an effort to divorce those who point to the great accomplishments of the past from those who only dwell only on the misdeeds. In the nation’s capital, a mayoral task force seeks the removal of America’s foundational monuments, including the Washington Monument, the Jefferson Memorial, and tributes to Benjamin Franklin and National Anthem author Francis Scott Key.

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A particular target of the secessionist Progressive crowd has been adherents of traditional religion. Those faithful to traditional religions are repeatedly attacked.  Keith Ellison, former vice chair of the democrat National Committee, has strong ties to anti-Semitism. The Cision Press Wire reports that “Joel Chernoff, Executive Director of AIA said, “For the first time in US history, there is danger that anti-Semitism will become normalized and legitimized in US politics via the Democratic Party and a DNC controlled Congress.  Anti-Semitism has existed since the founding of the country but has never been institutionally embraced by either of its two main political parties.”

Ashley McGuire, writing in Real Clear Religion reports that “Democrats just keep outdoing themselves. In the domain of anti-Catholic bigotry, that is. Until recently, it was hard to believe that they could be any more anti-Catholic then they were after the Amy Coney Barrett kerfuffle, in which Senators Feinstein (D-CA) and Durbin (D-IL) questioned whether Coney Barrett’s Catholic faith should disqualify her from a circuit court judgeship. Senator Feinstein now infamously said, ‘The dogma lives loudly within you, and that’s a concern.’ The sentence went viral not just because it was utterly weird, but because it laid bare a hostility towards religion that Democrats had previously succeeded in masking with liberal euphemisms about tolerance.”

A major university provides a course in “How to Overthrow the State.” At colleges across the nation, objective curriculum is replaced by left-wing propaganda, and non-leftist professors and students are intimidated, ostracized and penalized.

The separatist trend may soon reach a crisis point as November rapidly approaches. Hillary Clinton has advised Biden to not concede the election “under any circumstances,” while Democrats oppose any attempt to provide ballot security as well as the use of mail-in ballots and “ballot harvesting” schemes that are wide open to fraudulent use.  Former Secretary of State John Kerry urges violence in the streets if President Trump wins reelection.

Photo: Gettysburg, Pa. (Pixabay)

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Quick Analysis

State Legislatures and the China Challenge

The following are remarks from Secretary of State Pompeo at the Wisconsin State Capitol.

As Americans across the country were dealing with the pandemic that was released from Wuhan, they’ve been worried about their lives, their livelihoods. Senator Roth got an email from Wu Ting, a person who was in the consul at China’s consulate in Chicago – it landed in his email inbox.

Ms. Wu stated that she was “responsible for China-Wisconsin relations.”

The email included a draft resolution that she asked the Senator to pass – in this chamber – praising China’s response to the coronavirus.

I want to just take this second to read a few excerpts. She wrote:

“Whereas China’s action has been critical to the global fight against the epidemic, and China has adopted unprecedented and rigorous measures for disease control and preventio…Whereas China has been transparent and quick in sharing key information of the virus with the World Health Organization and the international community…”

Roger rightfully, thankfully, deleted the email, thought it was a hoax. I can tell you that the description, how she described the actions that the Chinese Communist Party took in response to the virus, were in fact all false.

Of course, he got a follow-up email. She helpfully “attached a revised version of the proposed resolution.”

Roger wrote a one-word response. He said: “nuts.” That has a lot of American history, that word and that response, and the chutzpah from an American who understood what it is that’s in the best interest of our country.

Look, the Chinese Communist Party knew early on how virulent the coronavirus was that originated in Wuhan. They did what authoritarian regimes do. They oppress – suppressed information, they censored, they disappeared courageous whistleblowers and journalists who tried to sound the alarm all across the world. And they allowed people from Wuhan to travel to Italy and abroad.

Ms. Wu was asking that we collectively whitewash the culpability for a global pandemic that’s killed more than 200,000 Americans, now nearly a million people across the globe, and has sent the global economy into a tailspin.

Roger didn’t take the bait. Instead, Roger presented a resolution stating that “the Communist Party of China deliberately and intentionally misled the world on the Wuhan coronavirus.” It’s true.

But here’s my question, and here’s where I want to launch today: How many of you would have seen that and thought something different or maybe even worked with her? I’m sure she’s a nice person.

It’s an uncomfortable set of questions when we think about what the Chinese Communist Party’s doing through their embassies here in the United States. But what happened here in Wisconsin is happening all across the world. It’s happening all across the United States. It’s happening in statehouses all across America.

In February of this year, I delivered a set of remarks to the National Governors Association about Chinese Communist Party influence operations right here inside the United States of America. And then subsequently, I organized a group – National Security Advisor O’Brien, FBI Director Chris Wray, Attorney General Bill Barr have all talked about this same set of challenges that we face here in the United States.

I want to distinguish importantly two things. First, look, plenty of countries try to influence our politics and our culture, and there’s nothing wrong with that. I’m not worried about the Alliance Francaise or the National Italian American organization or an Irish group.

They’re fundamentally different than what the Chinese Communist Party is doing. It has a much more sinister view of this engagement. The party and its proxies aim to make Americans receptive to Beijing’s form of authoritarianism.

Now, I use this language carefully. I talk about the Chinese Communist Party because I have a second distinction I want to draw, which is between that party and the people of China, between the leaders of China and those who want to live in China as free peoples in peace and prosperity and take care of their families in the same way that we all do here in the United States.

Let me give you another data point on the Chinese Communist Party’s aims. In August, General Secretary of the Chinese Communist Party Xi Jinping told a group of government economists and sociologists in Beijing, quote, “We must actively develop cooperation with all countries, regions and enterprises willing to cooperate with us, including states, localities and enterprises in[side] the United States.”

As the Secretary of State and as the former director of the Central Intelligence Agency, let me to translate.

Xi knows that the federal government is pushing back again the Chinese Communist Party here in the United States and its malign influence, and it sees that here in the United States, and increasingly around the world, it can use subnational entities to circumvent America’s sovereignty. He thinks local leaders may well be the weak link.

For him, when he uses the word “cooperation” and “opening up” he means that the Chinese Communist Party wants to create arrangements that benefit the Chinese Communist Party. We know this because for decades, the Chinese Communist Party deployed friendly language while stealing from our innovators – property, jobs, wealth – from here in the United States. We know that they built their military strength and that they have co-opted elites all around the world.

Later in that same set of remarks, General Secretary Xi said that in fact he explicitly confirms that the purpose of his entreaties is outreach, is to put China “in an undefeatable and invincible position.” His words, not mine.

The Chinese Communist party views itself as the true vanguard of Marxist-Leninist thought, which proposes that communist countries like theirs must struggle, must struggle and prevail against capitalist nations like ours.

This isn’t the Cold War. This is different in kind, to be sure. I was a young soldier; I patrolled the border between East and West Germany. This is different.

It’s why we have to have a conversation in our state legislatures about this China and this China challenge. And it’s important here in Wisconsin as it is in Washington.

The good news. The good news is that we’re starting to have these conversations all around America, and not a moment too soon. President Trump has made clear the expectations he has for our government, our administration, and how we’ll respond to this challenge to protect the American people, to create prosperity and grow our economy.

But we watch. We watch the CCP campaigns targeting state-level officials, local interests. We’ve seen them at PTA meetings. They have been in full swing for years, and they’re increasing in intensity.

Much of that activity revolves around pressing state governments not to recognize, trade with, or otherwise engage with Taiwan.

But that’s not all. I’ll give another example; and I could give many. In 2017, a California state senator proposed a bill merely expressing support for the Falun Gong practitioners in America and in China. It was oratory; it was a rhetorical resolution. These people that he was speaking to have suffered as tremendously under the Chinese Communist Party’s crackdowns on religious freedom as any others.

The Chinese consulate – that is, Chinese diplomats – in San Francisco responded by writing a letter to the state legislature. It denounced Falun Gong as an “evil cult” and claimed that the bill might “deeply damage the cooperative relations between the State of California and China, and seriously hurt the feeling of Chinese people and the vast Chinese community in[side of] California.”

Unfortunately, the California State Senate bowed to the CCP pressure and shelved the proposed bill.

It’s just one example. The reality is that most every state legislature in the country has probably received a letter from the CCP much like Senator Roth’s email as part of coordinated propaganda campaign. The Chinese consulate in New York, for instance, is incredibly politically active.

Then there is the next level down – CCP influence and espionage campaigns at the municipal and city levels.

Just this week, you would have read in the papers the Department of Justice charged a New York Police Department officer and Army reservist with allegedly acting as an illegal agent of China. He is accused of reporting on the activities of Tibetans living in the United States back to the Chinese Communist Party. How telling. He even provided CCP officials with access to senior-level NYPD personnel through invitations to official events. Sound familiar to anyone? He told his handler that officials in Beijing, quote, “should be happy…because you have stretched your reach into the police,” end of quote.

And we see it all over. We see it all over in America in sister-city programs – like the ones in Door County, La Crosse, Milwaukee, and Richland Center. They fall under the authority of something called the Chinese People’s Association of Friendship with Foreign Countries. Sounds benign. But that group is part of China’s United Front Work Department – the CCP’s official overseas propaganda tool. It’s one of the CCP’s three “Magic Weapons,” in the words of Chairman Mao, along with “armed struggle” and “party-building.”

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In other words, it may have “friendly” in its title, but it is not so when it comes to American interests.

But the federal government can’t police every bit of this predatory and coercive behavior. We need your help. And the beauty of our federal system is that we don’t have to. You all can take up this mantle.

Protecting American interests requires vigilance. Vigilance starts with you – and all state legislators, regardless of party.

Know that when you are approached by a Chinese diplomat, it is likely not in the spirit of cooperation or friendship.

Know that if you’re offered a trip to China when the pandemic travel restrictions are lifted, that you should ask who is paying for the trip, and if that person is linked – directly or indirectly – to the Chinese Communist Party.

Know too that these approaches may happen from Chinese nationals or Americans working with CCP-linked interests.

When you’re in your districts, make sure other local officials know of these risks as well.

And there’s a lot you can do. There’s a lot you can do in this very chamber.

You can pass laws to codify closer cooperation with federal agencies to assist them in the protection of intellectual property and investment screening and counter-infiltration operations.

You can ignore CCP threats and encourage mayors and businesspeople to engage more broadly around the world.

And as I told the nation’s governors, you can scrutinize your state pension funds. As of its last report, the Wisconsin Retirement System is invested in China Mobile and China Telecom. Both are state-owned giants and they’re an integral part of Chinese Orwellian surveillance system. Do you want your teachers, your firefighters, your policemen invested in those kinds of activities?

You can also work to ensure your state colleges aren’t improperly influenced by CCP-linked organizations like the Confucius Institutes and that pro-democracy students from China, Hong Kong, or Taiwan studying in Wisconsin are not harassed. We want them here. Make sure they’re not being threatened by pro-Beijing elements on your campuses.

Telling the truth about China isn’t remotely partisan. It’s principled. And it protects our people.

Remember Ms. Wu at the consulate?

Well, on April 2nd of this year, she forwarded a letter from her husband to the consul general in Chicago, to the district director of a great Wisconsin congressman named Mike Gallagher.

The letter is full of CCP propaganda and disinformation about the pandemic, just like the one that was sent to Senator Roth.

But what caught my eye in this missive was her declaration. She said, “We are firmly opposed to racial discrimination and xenophobia against the local Chinese community and stigmatization of China and the Chinese people over [this] virus.”

They try to shape the storyline. They want you to believe that America’s righteous anger at the CCP over its handling of the coronavirus has something to do with race. It does not. It has everything to do with citizens who are no longer with us, children who aren’t able to go back to school, and jobs that have been lost.

And importantly, the Chinese Communist Party knows this. The CCP thinks it can drown out American cries for accountability with shouts of racism. We won’t let that happen. We can’t.

The CCP wants to foment the kind of strife we’ve seen in Minneapolis and Portland and Kenosha.

That’s disgusting. We can’t let it happen.

I’m confident it won’t. I’m always an optimist about America.

There’s a reason that we remain the greatest nation in the history of civilization. Because Beijing’s best-laid plans are no match for American determination.

The Trump administration rejects the idea that Beijing is destined for hegemony. No top-down totalitarian regime can ever best the ingenuity, will, power of the American people.

We know that our system is more attractive to others. I see it wherever I go. People want to be connected to the United States of America. They want to join with us freely because they know that we too stand for freedom alongside them.

And we’re not going to allow the CCP to interfere in our domestic politics either. We’ve put restrictions on Chinese diplomats that mirror the ones American diplomats are subject to inside of China. It’s remarkable. For years our diplomats were – couldn’t move around in Beijing, couldn’t meet with local officials, while Chinese diplomats ran free all across our country. Fairness, reciprocity, equality – that’s how diplomats will be treated in the Trump administration.

We want to confirm American business is successful above all because of its moral standards. We’ve warned our businesses and universities to make sure that they aren’t unwittingly supporting the mass human rights abuses happening in Xinjiang province right now even as we’re here together today.

Right now the FBI opens a China-related intellectual property theft case about once every 10 hours. Staggering. We at the State Department just revoked visas for about 1,000 Chinese nationals suspected of raiding our intellectual property on university campuses all across America.

We want to make sure we protect our children from the CCP’s malign influence. We’ve formally designated the Confucius Institute’s U.S. headquarters as a foreign mission, and encouraged universities to shutter the doors on these programs quickly.

And right now the State Department is reviewing the activities of two United Front Work Department organizations operating inside the United States: one, the U.S.-China Friendship Association; the other the China Council for the Promotion of Peaceful Reunification.

These organizations include or have apparently attempted to exert influence on groups all across the public sphere, including in our schools, in our business associations, impacting local politicals – politicians, media outlets, and Chinese groups here inside the United States.

We want to make sure that we get it all right, that we’re fighting to protect our wallets, our hearts, our minds, and our freedoms.

Each of us – each of us as public officials must never be complacent or complicit in the CCP’s campaign to fracture American society and to silence American voices.

Every one of us – and I know you’ll join me in this – must stand up for our sovereignty and for American values themselves.

Photo: Wisconsin State Capitol

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Quick Analysis

China is Asking: Does America Have Taiwan’s Back?

Defense of one’s territory is a legitimate and primary concern of all governments. Today Taiwan’s 24 million people are faced with a serious and growing threat to its territory; one that exists only 80 miles off its western shore. An official from Taiwan wrote me today saying that “Taiwan is under tremendous pressure against China’s pervasive military, economic, and political coercion. Clear and concrete support from the United States and like-minded countries is more critical than ever.”

In 2020, so far, Taiwan has been forced to spend 8.7% of its defense budget responding to over 1,710 air sorties by Chinese military planes invading its air space, also known as an ADIZ (air defense identification zone). Forty-nine of these military missions traveled beyond the informal median line in the Taiwan Strait, which has long served as a divider keeping the peace between the mainland and Taiwan. In the largest naval build up seen since perhaps, WWI, the People’s Liberation Army Navy (PLAN) also is active. It has invaded Taiwan’s territorial waters over 1,029 times so far in 2020. 

Military analysts in Washington are expressing growing concern this fall that China’s offensive military strategy represents a more immediate threat than previously recognized. Beijing’s aggressive actions indicate it is testing Taiwan’s military response time, command and communications, and is attempting to gain a better understanding of how to conduct an offensive operation against the island. Beijing also is watching carefully for political signs from the United States concerning the Trump Administration’s willingness to defend Taiwan. 

Although not certain, analysts in Washington believe there are indications that China is preparing for a future military action against Taiwan. Under the 1979 Taiwan Relations Act (TRA) the United States is not required to guarantee direct US military intervention if China invades, as was the case under the 1954 US-ROC Mutual Defense Treaty. The TRA does, however, state that “the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain sufficient self-defense capabilities.” It is left to Congress and the President to interpret the meaning of the Act and to decide how to carry it out. The US is required under the TRA to provide Taiwan with arms of a defensive character. The Trump Administration this summer sent a high-level official to Taiwan and, among other actions, has increased the US Navy’s freedom of navigation patrols in the region. How much more it is willing to do at the end of a presidential election year is unknown.

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The United States has a long history as a guarantor of Taiwan’s security, from the Flying Tigers and the US Naval Group China in WWII, to the current strong US-Taiwan military-to-military relationship. The increase in naval US naval patrols in the Taiwan Strait and throughout the South China Sea is intended to reduce the potential threat from China. The US is sending Beijing a message that an invasion would result in a direct conflict with the United States. The patrols also are intended to stop Chinese imposition of an ADIZ or other restrictions that could negatively impact oceanic trade in the area. Over US $3 trillion in commercial trade passes through this region annually, accounting for 1/3 of the world’s maritime shipping. The United States is the wild card in the region. There are no signs Washington is backing down or going away despite Beijing’s threats. So far, it has failed to warn off the US using a multi-prong approach that includes a recently released, provocative video showing the PLA Air Force using H-6 bombers in a simulated strike on the United States’ Anderson Air Force Base on Guam. This is the  American base that would serve as a staging area in the event the US provided aid to Taiwan in during an attack by China. Unlike three decades ago,  China has intermediate ballistic missiles such as the DF-26 that could be armed with a nuclear weapon and used to disable a US response from Guam in a preemptive strike. The seriousness of the situation is not lost on military planners in Washington or Taipei.

While the world’s attention was centered on the Covid-19 virus this summer, Beijing proved it was willing to egregiously violate its agreement with the people of Hong Kong. Now it is exerting increasing  pressure on Taiwan. What is next? Perhaps, China is attempting to misdirect the world’s attention from the virus? Or, it could be prepping for worse things to come in the future. Washington, the American people, and the free world needs to stand with President Tsai Ing-wen and the people of Taiwan.  

DARIA NOVAK served in the United States State Department during the Reagan Administration, and currently is on the Board of the American Analysis of News and Media Inc., which publishes usagovpolicy.com and the New York Analysis of Policy and Government.  Each Friday, she presents key updates on China.

Illustration: Pixabay