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Future of Defense, Part 3

Partners and Security Alliances

To secure vital national security interests at home and abroad, the U.S. should strengthen its existing security alliances while working to build new ones. Engaging global partners through diplomacy, economics, humanitarian aid, security cooperation, and military-to-military relations is among the most notable actions the U.S. can take to ensure continued peace, financial stability, and strategic advantage when gaming out the future of defense.

To endure as a global democratic power with economic and political influence and a resilient forward military footprint, the U.S. must strengthen its geopolitical alliances with longstanding allies while fostering relationships with new partners. Maintaining robust ties with its Five Eyes intelligence partners—Canada, United Kingdom, Australia, and New Zealand—as well as with the North Atlantic Treaty Association is essential.

Equally important are relationships with Japan and South Korea. Key allies in the Middle East, notably Israel and Jordan, among others, will continue to be vital U.S. partners. The U.S. should also cultivate economic and diplomatic cooperation with nontraditional allies in Asia and Africa while re-engaging in the Western Hemisphere with both Latin American and Arctic partners.

Strong offensive measures in the form of soft power initiatives protect vital U.S. interests by ensuring dialogue and enhanced cooperation. Humanitarian and economic aid programs foster good will and build civic capacity while also serving as a powerful check on the rise of authoritarian and autocratic influence. Exporting democracy through American projects and enterprises showcases democratic values such as human rights, personal liberties, and self-determination.

The U.S. military, with its adherence to human rights and the rules of engagement, stands as the global model for how a free and open society should protect itself and its interests. Exporting U.S. values through military engagements, with both exercises and train and assist programs, builds trust and interoperability while increasing readiness and resiliency and further protecting vital U.S. interests abroad. Strengthening global partnerships through military-to-military relations allows the U.S. to maintain an agile forward footprint while bolstering the doctrine of credible deterrence.

 Longstanding bilateral security agreements with Japan and South Korea, which hold considerable historical agency, also serve as prescient alliances in the wake of a rising China.

Supercharging the Innovation Base

The U.S. has long been the global leader in technological innovation because of its investment in government-funded research and development (R&D) that has led to breakthroughs such as the Manhattan Project and the space program. Without increased investment and focus, however, its pre-eminence is at risk.

Historically, the U.S. has outpaced every other country in overall R&D spending, but its lead is quickly diminishing. Over the past two decades, China has rapidly increased its investment in overall R&D, whereas U.S. spending rates have lagged. Today, the U.S. still spends more than any other country, but China is on track to take the lead in global R&D spending by 2030 if current trends continue.

Defense funding for science and technology programs, which have cultivated game-changing dual-use capabilities such as GPS and the Internet, has barely kept pace with inflation, as the military focuses on shorter term and incremental developments. While it is now the private sector, rather than the government, who is the primary funder of scientific R&D globally, private funding cannot replace the type of long-term basic R&D funding that has long-afforded the U.S. economic and military advantage.

Also, because the private sector has a different incentive structure, no single company can match the federal government’s size and investment. The Pentagon must harness private sector technology and innovation at scale to maintain its technological advantage by supporting proven drivers of innovation such as the Defense Advanced Research Projects Agency (DARPA) and the defense research laboratories while fostering new initiatives such as the Defense Innovation Unit (DIU) and Army Futures Command.

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Most importantly, it must commit to investing in new innovative capabilities at scale by making them programs of record. The U.S. should also re-establish its domestic manufacturing and supply chain capability, which is both an economic driver and a national security imperative. As the COVID-19 pandemic has illustrated, a lack of domestic manufacturing capability and access to reliable supply chains is among our greatest national security and economic vulnerabilities.

Operational Concepts

The military is developing game-changing operational concepts to leverage new innovative technology and thinking; however, it has yet to fully procure the systems and capacity necessary to fully implement these initiatives.

Therefore, the Pentagon must enhance its capability, expertise, and processes to rigorously define military challenges while also designing and correlating programs of record and incorporating them into new operational concepts.

To that end, the military must work with Congress to connect its investments to key priorities in support of operational concepts. It should engage a diverse group of stakeholders, including Congress, academia, think tanks, and the private sector, to develop imaginative solutions to emerging problems while assessing the Pentagon’s efforts.

It is further essential to test, experiment, and wargame new operational concepts and to prototype and test the technologies that underpin them. The most effective military operational concepts and associated military capacity, however, will still be insufficient to address the breadth of the challenges posed by strategic competitors.

 A whole-of-nation effort, including military tools, trade policy, STEM education, diplomatic initiatives, and non-military instruments, is necessary to meet these emerging threats. Without this approach, the U.S. will not be postured to maintain its security and global influence, even if the military is robustly equipped and funded.

 New strategies must effectively dissuade competitors from challenging the U.S. in the gray zone with weapons of economic coercion and information warfare. Conventionally, the U.S. military is no longer assured the complete dominance in air, sea, and space it has enjoyed for decades, as adversaries prioritize weapon systems such as long-range munitions, anti-space capabilities, and cyber forces.

According to the latest Department of Defense assessment, China has doubled its defense spending in the last decade and now has more ships than the U.S. Navy, among the best air defense systems globally, an arsenal of long-range ballistic missiles, and a variety of other means to challenge the U.S.

 A sobering report from the RAND Corporation recently determined that despite significantly outspending China and Russia, the U.S. military could lose a future conflict because it failed to adequately posture and train.

New operational concepts must be devised and employed to meet these challenges by leveraging emerging technologies across multi-domains to ensure the U.S. maintains both credible deterrence and strategic advantage.

Photo: A U.S. Air Force F-16 Fighting Falcon assigned to the 555th Fighter Squadron, Aviano Air Base, Italy, lands on Graf Ignatievo Air Base, Bulgaria, for an exercise in September 2020. Archive photo by Ericka A. Woolever.

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Future of Defense Part 2

Leveraging advanced technology is vital for national defense.  A report from the House Armed Services Committee “Future of Defense Task Force” recently outlined the challenge. The New York Analysis of Policy and Government continues its outline of the important challenge.

Emerging Threats

A complex and evolving array of national security threats are facing the United States, as its political, economic, and military rivals are increasing in stature and capability. Rising powers, notably China and Russia, threaten to cause tectonic shifts in geopolitical plates where, much like the Cold War, the binary notions of war and peace are becoming antiquated. Future conflicts will be increasingly waged in the gray zone, the nebulous battlespace below open combat, where tactics such as economic coercion, cyber espionage, disinformation, and unattributed military forces are employed. Adding to the complexity is the recognition that the nature of warfare is evolving with the weaponization of emerging technologies that changes the way wars are fought and won. The rapidly expanding domains of space and cyberspace are the new frontiers for conflict and will be the battlefield of choice for the opening salvo of any aggressor…

A provocative Iran is lashing out in the Middle East, while North Korea continues its march toward full nuclearization. Terrorism, waged by violent extremist organizations, continues to threaten vital U.S. partners and interests in Europe, the Middle East, and Africa, while transnational criminal organizations wreak havoc on vulnerable populations. Divisive politics and a disparate electorate in the homeland further threaten U.S. national security.

The Weaponization of Emerging Technology

A sophisticated array of emerging technologies and new weaponry, in various stages of development, will fundamentally change the nature of conflict along with the very battlespace where it will be fought.

The stakes are high. Whoever achieves superiority in this technological race will enjoy significant military and economic advantage for decades—and possibly into the next century.

Achieving this supremacy will require a whole-of-nation approach, where the distinct advantages of both the private and public sector are harnessed and synthesized. Whereas many of these technologies offer tremendous opportunity for commercial and social transformation, they are also rife with the potential for nefarious use and may exponentially exacerbate threat streams for the U.S. and its global partners.

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Advancements in artificial intelligence, quantum information science, space and cyber and electronic warfare, among others, are making traditional battlefields and boundaries increasingly irrelevant. To remain competitive, the U.S. must recognize this shift and prioritize the development of emerging technologies while also increasing its ability to defend against them.

 Technology is pulling warfare into a post-conventional era, wherein the first hours of conflict will no longer be saturated with aerial bombings and sea landings followed by a ground assault. Initial campaigns will be fought with remote and autonomous systems in the realms of space and cyberspace, where an early attack will take out satellite and communication systems and dismantle the global positioning system (GPS).

Opening salvos could inflict devastating harm on civilians through electronic attacks on critical infrastructure and power grids, along with financial and healthcare systems and networks. Also, while most of the technologies will require substantial funding and development by state actors, others such as cyber and electronic warfare may allow less formidable foes to gain the operational upper hand with limited investment. Therefore, as adversaries build and recapitalize conventional and strategic weapons, a parallel effort will be underway to develop systems that adhere to the David and Goliath paradigm: instead of taking on the giant pound for pound, build nimble and inexpensive sling shots. It is essential for the U.S. to increase its ability to defend against adversaries who will seek early domination in a conflict by disrupting and degrading both civilian and military systems and networks.

The disruption of command, control, communications, computers, intelligence, surveillance, and reconnaissance (C4ISR) has become a bedrock operational concept of 21st century warfare. The ability of the U.S. to leverage offensive and defensive capabilities in this realm is paramount to maintaining the global balance of power as well as strategic and conventional military superiority.

The Report Concludes Tomorrow

Illustration: House Armed Services Committee

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The Future of Defense

Leveraging advanced technology is vital for national defense.  A report from the House Armed Services Committee “Future of Defense Task Force” recently outlined the challenge. The New York Analysis of Policy and Government provides an outline of the important challenge, with key excerpts.

The United States faces an array of threats to our national security that is nearly unprecedented in its breadth and pace of change. Great power competition from Russia and China, which are both rapidly advancing next-generation warfighting capabilities to leapfrog our legacy systems, presents a dual threat unseen since the military surge of Axis Powers in the 1930s.

The stakes could scarcely be higher. The national security challenges the United States faces today are existential, and they cannot be met by simply doubling down on old models of policy and investment. Our adversaries are surging around the globe in a long-game effort to supplant western-style democracy with a form of authoritarianism that cloaks itself in capitalism as it undermines personal liberties and freedoms. The United States must recognize that without a new commitment to achieving technological superiority, the successes of the 20th century–the American Century–will no longer be assured.

The gravity and complexity of threats emerging to challenge the United States is proliferating as technological advancements in artificial intelligence, quantum information science, and biotechnology transform society and weaponry at an exponential rate. This is occurring as adversarial capability is increasing to the point where the United States may soon lose the competitive military advantage it has enjoyed for decades.

 The free world order the U.S. has led for more than 70 years is now in danger of becoming a historical outlier as an alternate form of authoritarianism, one that seeks to emulate capitalism and supplant western-style democracy as the governing standard, is on the rise.

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 … Congress and the American people must recognize that we face a decisive moment as a nation and as the world’s leading democracy, both of which are in peril until we alter the future of our defense to ensure the future of our peace.

Separate from the House report, the use of high tech responses to national security threats has also been noted in an agreement between NASA and the new U.S. Space Force.

The agreement commits the two organizations to broad collaboration in areas including human spaceflight, U.S. space policy, space transportation, standards and best practices for safe operations in space, scientific research, and planetary defense.
 
“NASA’s partnerships are vital to ensuring America continues to lead the world in the peaceful uses of outer space,” the Space Agency chief Jim Bridenstine said. “This agreement with the U.S. Space Force reaffirms and continues our rich legacy of collaboration with the Defense Department and provides a critical foundation to investigate areas of mutual interest for our distinct civil and defense roles in space.”
 
The memorandum replaces an agreement signed 14 years ago between NASA and the U.S. Air Force Space Command, under which the two organizations exchanged research and development information, sought to reduce duplication of system development, and collaborated in the long-term planning of each organization’s space roadmaps.
 
“NASA and the military share a long history dating back to the late 1950s; there is power in our partnership,” Raymond said. “A secure, stable, and accessible space domain underpins our nation’s security, prosperity and scientific achievement. Space Force looks forward to future collaboration, as NASA pushes farther into the universe for the benefit of all.” 
 
Freedom of action in space provides NASA and allied-nation space agencies the ability to explore and discover, and will enable America’s return to the Moon and subsequent exploration of Mars. The USSF will secure the peaceful use of space, free for any who seek to expand their understanding of the universe, by organizing, training and equipping forces to protect U.S. and allied interests in space.

The Report Continues Tomorrow

Illustration from the House Armed Services Comittee

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Foreign Policy Update

HONG KONG

In the last six months the world has witnessed freedom after freedom disappear in Hong Kong like pages of a novel unfolding to reveal more of a sinister plot. In the latest chapter this week Beijing pushed through yet another restrictive law that expelled four pro-democracy representatives. In reaction to the Tuesday move the entire opposition quit the Hong Kong Legislative Council. This marks the point when Hong Kong enters a puppet state status with Beijing. Simultaneously, the CCP is forcing education in Hong Kong to include pro-Beijing propaganda as it is no longer illegal to do so and there is no one to stop it.

JAPAN

This week in Washington the US and Japan reaffirmed that Host Nation Support has played an important role for ensuring the smooth and effective activities of the US Forces in Japan. The statement said the relationship remains “central to the US-Japan Alliance.” For more than 60 years the US-Japan Alliance has served as the cornerstone of peace, stability, and freedom in the Indo-Pacific region. With the rise of an aggressive China the Alliance is growing in importance for both nations. The statement comes a week after the conclusion of the 5th Plenum Session of the Chinese Communist Party meeting which reaffirmed its intention for new and aggressive behaviors in the coming years. The State Department said the ongoing Agreement with Japan will strengthen and sustain the bilateral work to address shared regional and global objectives. 

BRAZIL

The US and Brazil announced new priorities for the US-Brazil Environmental Framework Dialogue to enhance collaboration on urban environmental issues. This Dialogue also will build on a Declaration of Intent expected to be signed this month by Minister Salles and Chief of the US Forest Service Vicki Christiansen to renew and strengthen cooperation on forest, protected area, and fire management. The partnership aims to protect, enhance, and restore forests and biodiversity while improving the prosperity and well-being of indigenous peoples and local communities in the Amazon, including vulnerable populations, through, among other activities, fire prevention and management, aligned with the goals of the One Trillion Trees initiative, sound mining, and water and air resource conservation.   

EUROPE

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The annual US – EU Strategic Dialogue on Humanitarian Affairs took place this week. The United States and the European Union are the two top donors to humanitarian crisis response globally and cooperate closely to alleviate the suffering of vulnerable people affected by emergency situations around the world. The meeting serves as opportunity to explore common approaches to address key global humanitarian emergencies, including the impacts of the COVID-19 pandemic on existing and protracted crises, coordination on response to humanitarian situations around the world, and common approaches to resolving operational challenges in crisis response. 

CHINA

Secretary of State Michael Pompeo released a statement this week calling on Hong Kong-based officials to stop dismantling the “promised autonomy and freedoms of Hong Kong through politically motivated arrests.” The State Department designated four additional PRC and Hong Kong officials in connection with implementing the PRC-imposed National Security Law and threatening the peace, security, and autonomy of Hong Kong, pursuant to Executive Order 13936. The statement said the four have been “leaders or officials of entities, including any government entity, that have engaged in, or whose members have engaged in, developing, adopting, or implementing the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL).”

The designation bars these individuals from travelling to the United States along with the blocking of  their assets within the jurisdiction of the United States or in the possession or control of US persons. The US holds key figures accountable for their part in actively eviscerating the freedoms of the people of Hong Kong and undermining Hong Kong’s autonomy in an attempt to pressure the regime in Beijing to comply with the West’s international norms on human rights. To date, Beijing has not responded positively to any attempts to secure freedom for the people 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

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China: The Central Threat

Secretary of State Michael Pompeo again last week labeled China a “central threat” to the United States and western democracies for at least the next five years. The world is witnessing the communist giant act more aggressively against democratic movements in Hong Kong, the island of Taiwan, and the Western world order, in general. Chinese President Xi Jinping’s long-term agenda, reaffirmed at the recent CCP Fifth Party Plenum meeting in late October, calls for remaking the world in China’s image and ensuring it is devoid of American leadership. China’s Navy will play a significant role in the upcoming battle for world dominance. 

The CCP leadership recognizes the significant role that oceans, which once served as insurmountable safety barriers before World War I, still serve today. The modernized Chinese Navy is well-funded and ramping up its visibility in the Indian Ocean, conducting maritime training exercises in the Mediterranean, and sailing regularly off the American coastline. Given the nuclear stalemate among the world’s great powers, low intensity conflicts on the high oceans may be the next likely area to see clashes occur between China and the West.

There are lessons to be learned about the importance of naval power from the Imperial German Navy of WWI as the world comes to terms with China’s expanding aggression overseas in the 21st century. By 1914, Grand Admiral Alfred von Turpitz, head of the German Imperial Navy, had built his country’s fleet into a world-class armada. He created what is known as the “Tirpitz Risk Theory.” It argues that if a navy reaches a certain level of development in relation to the naval capabilities of an enemy state, in this case Great Britain in WWI, it can successfully deny that navy a victory in war. Turpitz said it only requires enough capability to inflict significant damage to ensure the opposing force loses its dominance on the high seas. Although Tirpitz ‘s Risk Theory failed in the end, and the British Royal Navy won, there are take away lessons for the West today. The battle for naval supremacy in WWI resulted in a maritime arms race that eventually left Britain stronger and no longer at risk from other naval powers, such as France.  

Today China, like von Turpitz’s Imperial Navy, is building a blue water Navy with the intention of denying the US and other Western navies freedom of navigation on the high seas and, it appears, access to critical, commercial maritime passageways. If the West wants to achieve a future victory, in a low intensity conflict or a large hot war, it must ensure that China cannot deny the West dominance on the high seas or restrict global oceanic commerce. The CCP is using the faulty Tirpitz Risk Theory in its strategy for dominance. However, it will fail only if the rest of the world is active in its response to Beijing’s threat. Like Great Britain, the West must ensure it navies are well-prepared to deny China a future victory. China has an overseas base in Djibouti on the Horn of Africa and basing rights elsewhere that provide access to the Indian ocean. It is expanding its global presence every year.

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The collapse of the Soviet Union three decades ago allowed China to transfer land-based resources to its naval development program. In 1991 China could not float a blue-water navy. It owned no aircraft carriers and it lacked installed over-the-horizon radar systems, which restricted its ability to dominate the seas at any significant distance from its shores. In 2020, China commands a modernized navy with two aircraft carriers and plans to add four more nuclear-powered ones by 2035. It owns more ships and modern ice breakers than the United States and has the political willpower to use force in the South and East China Seas. Beijing is “island-building” throughout the region and equipping each newly-built land mass with naval port facilities, military-grade airstrips capable of supporting combat aircraft, and missiles able to destroy ships. As China secures additional access to permanent overseas naval port facilities it will be able to extend its reach well beyond the Indian Ocean. There are planning sessions ongoing in Beijing concerning how it can use the new Northern Passage, across the top of the world, to access the Atlantic Ocean and cut travel times to Europe and the US East coast. In June 2017 China launched the Type 055 destroyer. It is over 12,000 tons fully loaded, making it the second largest destroyer class in the world after the American Zumwalt-class destroyer. China’s navy still has challenges to overcome but it is increasingly competitive with the modern navies of the Western world. We need to pay attention to the lessons of Admiral Turpitz’ failed strategy while there is time to ensure that the free and democratic nations of the West remain free throughout the 21st century.

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 U.S. foreign policy from the State Department.

Photo: China Navy live-fire military exercises.

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Did China Win the Election?

Congratulations are in order for the People’s Republic of China, which, if Biden eventually is declared the winner, (not yet a done deal) will have won the 2020 U.S. Presidential election.

The Biden Family is beholden to Beijing, both for the financial largesse it has bestowed upon it, and for its negligence (or worse) in allowing its COVID pandemic to spread throughout the world.  Despite the reality that Democrats criticized the President for seeking to stop the contagion from spreading to the U.S. by blocking travel from China, (they called him racist and xenophobic for doing so) they managed, with the collusion of their wholly dominated leftist media, to somehow cast him as being responsible for the health crisis.

In May, Biden, speaking in Iowa City ignored all the evidence of China’s vast military, espionage, and unfair trade threats, stated “China is going to eat our lunch? Come on, man…“I mean, you know, they’re not bad folks, folks. But guess what? They’re not competition for us.”

Millions of Americans, particularly blue collar workers,  will pay the price for China’s victory.  For decades, leading Democrats have catered to Beijing. President Clinton made possible the sale of a Cray supercomputer to the People’s Republic, which allowed its military to catchup to the U.S. in technological prowess. He subsequently allowed China open access to the U.S., perhaps in return for its attempt to funnel funds to his campaign. It was also during the Clinton Administration that China managed to steal key nuclear weapons secrets from the U.S. research facility in Los Alamos, New Mexico.

President Obama ignored Beijing’s military adventurism, particularly when it invaded the Philippine Exclusive Economic Zone, a move condemned by the World Court. Obama gutted the U.S. military, sending a clear message to Pacific nations that kowtowing to the Chinese Communist Party was the safer bet.

Beijing was truly grateful. As noted in the South China Morning Post, .“Chinese President Xi Jinping … praised former US leader Barack Obama for his contributions to the Sino-US relationship, state media reported…A constructive US-China relationship was in the interests of both countries’ peoples, Obama said, adding that he would continue to play a positive role in promoting mutual understanding and cooperation between the US and China, according to Xinhua.”

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The Trump Administration sought to turn around the Democrat surrender to the PRC.  It fought against Beijing’s ongoing an thorough theft of U.S. manufacturing jobs.  Jobs which, you may recall, Obama said were “never coming back.”

The contrast was noted by many, including some Democrats. Robert Vlaisavljevich, the mayor of Eveleth, an iron-ore mining town, stated that “I am a lifelong Democrat, but for far too long, members of both parties allowed our country to be ripped off by our trading partners, especially China…“And what did so-called leaders like Joe Biden do? Nothing,” 

An American Enterprise Institute study noted that “The Trump administration’s re-definition of China from a strategic partner to a strategic competitor represents a crucial transformation in US long-term strategic planning. Contending with China in the immediate future is a national security, economic, and moral imperative. The Chinese Communist Party’s mismanagement of the COVID-19 pandemic, repression of Uighur Muslims, military aggression in the South China Sea, and enactment of its national security law in Hong Kong show Beijing to be an immediate threat not just to the US, but to the global order.”

Beijing may be euphoric over Biden’s potential victory. The Associated Press,  in an October article  reported that “a Biden presidency might restore a more predictable relationship after the shocks of Trump’s tariff war and his outreach to India, seen as a strategic rival, and Southeast Asian countries, with which Beijing has a series of territorial disputes, Chinese analysts say. At the least, Biden’s policy ‘won’t be as emotional and ridiculous as Trump’ said Yu Wanli, a professor of international relations at Beijing Language and Culture University.”

Picture: Pixabay

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Has California Legalized Pedophilia? Part 2

This article was provided exclusively to the New York Analysis of Policy and Government by Judge John H. Wilson (Ret.)

The fallacy in State Senator Weiner’s position regarding the necessity of his bill regarding pedophilia  is found in his belief that sexual relations between a 19 year old and a 17 year old are “completely consensual.”  The entire point of establishing an “age of consent,” is the idea that “(p)eople who are underage cannot legally consent to having sex, so any form of sexual activity with them violates the law. This is true even in situations where they signal their agreement.” 

To be sure, there is some push back against the hard-and-fast rule established by having an “age of consent” law.  Writing for Vox, Jennifer Drobar states that “there is a scientific argument for modifying consent laws…(t)o be sure, levels of maturity vary by individual; setting one age as the advent of maturity is always going to be a gross proxy. That imprecision helps explain the wide variety of minimum ages reflected in American law.”  Her solution, however, is that “(c)onsent law…should allow people within a certain age range (say, 16 to 21) to offer ‘assent’ to sex with a significantly older person — but permit them to revoke that assent at any time. ‘Assent’ is a weaker form of agreement, legally speaking, than ‘consent.’”

Unfortunately for Ms Drobar’s position, there is no significant legal difference between “assent” and “consent.”  Even when a minor gives their assent to anything, according to the Institutional Review Board of the University of Alaska Fairbanks, “(w)ork with children or adults not capable of giving consent requires the consent of the parent or legal guardian and the assent of the subject.” 

In other words, under Ms Drobar’s theory, if you want to have sex with a minor, you must get the minor’s assent, AND the permission of the parent or guardian.  A very unlikely proposition.

Further, Ms Drobar’s herself notes that “teenagers do not make decisions in the same way adults do.  We now know that the teenage brain does not finish maturing until sometime in the mid-20s.”  Not exactly a ringing endorsement for getting the “assent” of a minor for sexual relations, is it?

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The other issue with SB-145 that has drawn negative attention is the age difference established by the new law.  Under SB-145, a person convicted of a violation of (various enumerated sex offenses) shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor.”  According to State Senator Weiner, “This bill has no application to anyone under the age of 14.”  However, with a 10 year age difference permitted by SB-145, a 24 year old could have sex with a 14 year old, and not be required to register as a sex offender.

Thus, SB-145 does not “legalize pedophelia.”  It does, however, make registration as a sex offender a matter of discretion for a Court involving offenders with a broader age difference than most “Romeo and Juliet” laws allow.  SB-145 does not establish any “Romeo and Juliet” law in California – it is still illegal for Weiner’s 19 year old to have either anal or oral sex with his 17 year old boyfriend in California, and their two year age difference is not a defense or mitigating circumstance.  But it does allow a court to decide not to place a 24 year old having sex of any sort with someone as young as 14 on the state’s registry of sex offenders.  

That issue alone should give reasonable people pause – particularly parents.  Especially since the California legislature enacted SB-145, and California Governor Gavin Newsome has signed Weiner’s bill into law. 

Let’s leave the final word on this issue to California attorney Samuel Dordulian; “In its proposed form, under the guise of preventing LGBT young people from having to automatically register as sex offenders for specified sex crimes, SB 145 actually deteriorates the rule of law by providing any individual who sexually assaults a minor an opportunity to potentially evade the sex offender registry… SB 145 is a misguided attempt to amend laws that the bill’s sponsors argue disproportionately target LGBT people. I would argue that allowing more 25-year-olds who assault 15-years-olds an opportunity to avoid the sex offender registry is no service to the LGBT community.” 

 Illustration: Pixabay

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Has California Legalized Pedophilia?

This article was provided exclusively to the New York Analysis of Policy and Government by Judge John H. Wilson (Ret.)

If you are a member of Facebook, you may have noticed a series of posts and memes regarding a new law in the State of California that is alleged to have legalized pedophelia.  In the environment that currently exists in social media, it is next to impossible to separate fact from fiction without sometimes-extensive research.  Lucky for you, being a loyal reader of the New York Analysis of Policy and Government, here are the facts you need to know on this issue:

In California, the age of consent for sexual activity is 18 years old.  To have sex with someone below the age of consent is known as “statutory rape.”  It doesn’t matter if the defendant didn’t know that the victim was below the age of consent, or if the victim was not coerced or forced in any way – the mere fact that the victim is below the age of consent makes the defendant “strictly liable” for the offense.  

Each state has its own age of consent – for instance, in South Dakota, the age of consent is only 16.  South Dakota also has what is known as a “Romeo and Juliet” law – that is, an age difference between the parties that can serve to reduce or mitigate the charge.  The language from SD Codified Law Section 22-22-7 states that  “(a)ny person, sixteen years of age or older, who knowingly engages in sexual contact with another person…if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least thirteen years of age and the actor is less than five years older than the victim, the actor is guilty of a Class 1 misdemeanor.” 

The application of the “Romeo and Juliet” statute is often a complicated matter, involving a minimum age for the victim, and a minimum age for the defendant.  This chart provides guidance to the laws of the various states in this area.  Arkansas is an example of a state with a “Romeo and Juliet” law – in Arkansas, “(s)tatutory rape…is defined as sexual intercourse where in which the victim is less than 14 years of age and the accused is more than three years older…(i)f the accused is not more than three years older, that’s an affirmative defense to prosecution.” 

Not all states have a “Romeo and Juliet” law – New York does not, and neither does California. Thus, the difference in age between the victim and the defendant is not a defense or modifying factor to a charge of statutory rape in California.

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Upon conviction of statutory rape, most states require the defendant to register as a Sex Offender.  For instance, in Texas, where the age of consent is 17, anyone convicted of having sex with a person below the age of 17 must register as a Sex Offender.  Before being listed on the registration, a Court must determine the risk level of an offender, which can lead to the specific requirements the registered offender must follow.  In New York,  “Sex offenders are classified as either low risk (Level 1), moderate risk (Level 2) or high risk (Level 3).”  Those who are deemed moderate and high risks to reoffend are placed on a public registry.    California also has a Sex Offender registration list, and prides itself on being the first state to institute their registration system in 1947. 

Apparently, in California, in “cases involving a young adult and a minor where vaginal intercourse took place, a judge has discretion whether to place the person convicted of statutory rape on the sex offender registry.”  California State Senator Scott Weiner, a Democrat from San Francisco, believed this discriminated against gay defendants since “(t)he judge does not have any discretion when the case involves anal or oral sex.”  

In an effort to correct this disparity, Senator Weiner introduced SB 145, which the Senator describes as “an anti-discrimination law…(i)t ends discrimination against LGBTQ people on the sex offender registry… (a) 19-year-old has a 17-year-old girlfriend and they have sex, that is statutory rape. But the law right now says that the judge does not have to put that 19-year-old boy on the sex offender registry because of the kind of sex that they were having…(b)ut if it’s a 19-year-old boy having sex with a 17-year-old boyfriend, the judge must put that 19-year-old onto the sex offender registry, even if it was completely consensual, even if they were boyfriends, even if there was nothing coercive or predatory about it.”   

Thus, there is no change in California’s statutory rape laws – sex with a person under the age of 18 is still a crime, regardless of the difference in age between the victim and the defendant.

The Report Concludes Tomorrow

Illustration: Pixabay

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BLM Used by China

If you were a Russian citizen in the aftermath of the overthrow of the Czar and sought to warn your countrymen of the evils that would result if Communists took over, Bolshevik agents would whisk you away.  Following Hitler’s election as German Chancellor, if you had foretold the horrors that would follow, you would be beaten by Gestapo thugs.

Think America is immune to these conditions? Think again.  Black Lives Matter and Antifa have made threats and violence part of everyday American political life. Both organizations have elected officials, including mayors, governors, and Democrat Party leaders as well as corporate heads that deny reality and support these thuggish groups. Yet, there has not been much discussion from the media or Congress about China’s support of the group which has done so much to tear America’s races apart and provoke riots across the nation.

Recently, New Jersey State Senator Michael Doherty reviewed the matter succinctly:

  “… demands to defund the police are based upon allegations of systemic racism being thrown about by Marxist organizations, such as Black Lives Matter, which have burned cities, burned churches, destroyed private property, and terrorized American citizens… Thomas Sowell is an American economist, author, and professor. He is currently senior fellow at the Hoover Institution, Stanford University. He is an African American. Recently, Sowell stated, ‘We keep hearing that ‘black lives matter,’ but they seem to matter only when that helps politicians to get votes, or when that slogan helps demagogues demonize the police…The call to defund the police is part of an agenda that seeks to create chaos and mayhem in the United States. These forces want the police out of the way so that the lawless agenda can be fully implemented…”

Mike Gonzalez, writing in City Journal, has reported that “The protests that sprang up in the wake of George Floyd’s killing in Minneapolis seemed like spontaneous outpourings of grief and anger… those operating behind the scenes have prepared for this moment for a long time. Indeed, the leaders of the Black Lives Matter organizations fueling this summer’s disturbances were trained by self-described Marxist revolutionaries who have long used the plight of black Americans as justification for overthrowing America’s constitutional order. They frankly admit that such ‘organizing’ is the key to their goal of world revolution. Our political leaders owe it to themselves and to their fellow Americans to understand this blueprint before rhetorically embracing, let alone implementing, the radical changes that the protesters and rioters are demanding. The goal of upending the American system is, moreover, also evident among the consultants now conducting “anti-racism training” within major corporations and foundations. These facilitators of anti-white struggle sessions disdain the capitalist system and seek its replacement—and the mainstream media cheers them on.”

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Now, it has become apparent that America’s major enemy, China, is funneling funding to Black Lives Matter. A Heritage Foundation study, published in its Daily Signal publication, outlines the facts.

“Go to the website for the Black Futures Lab, a venture of Black Lives Matter founder Alicia Garza, and click on the ‘Donate’ button. It will ask you to send your money to an obscure organization, the  ‘Chinese Progressive Association, [CPA] explaining that ‘Black Futures Lab is a fiscally sponsored project of the Chinese Progressive Association.’…According to an authoritative 2009 Stanford University paper tracing its early days to the present, and which can be found on Marxist.org, ‘The CPA began as a Leftist, pro-People’s Republic of China organization, promoting awareness of mainland China’s revolutionary thought and workers’ rights, and dedicated to self-determination, community control, and ‘serving the people.’ The CPA, continued the paper, ‘worked with other pro-PRC groups within the U.S. and San Francisco Bay Area … Support for the PRC was based on the inspiration the members drew from what they saw as a successful grassroots model that presented a viable alternative to Western capitalism.’ …To this day, the CPA continues to be a partner of the PRC in the United States. Three years ago, the Boston chapter teamed up with China’s Consulate General in New York to offer Chinese nationals the opportunity to renew their passports, getting praise from China’s official mouthpiece, China Daily. Last year, the CPA sponsored the raising of the PRC’s flag for the first time ever over Boston’s City Hall to honor the takeover of China by the Chinese Communist Party, just as the Stanford paper says has been its practice from the beginning, but this time drawing protesters…It is clear, then, that CPA works with China’s communist government, pushes its agenda here in the United States, and is regularly praised by China’s state-owned mouthpieces. It is clear, too, from, this perspective, why the CPA would sponsor a new enterprise by Garza: They espouse the same desire for world communism. Garza sits atop a worldwide revolutionary empire, starting with the Black Lives Matter Global Network she founded, which now has 15 chapters in the U.S. and several more all over Canada, Australia, and Europe. As Foreign Affairs wrote in its September/October issue, ‘Today, BLM has a global network of dozens of chapters. This number will likely grow exponentially in the coming years.’”

The continued portrayal of Black Lives Matter as a quasi-civil rights organization by media and politicians is completely wrong.  The time has come to recognize it for what it is: a Marxist revolutionary organization supported by an enemy nation bent on destroying the social and political fabric of the United States.

Photo: Pixabay

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Foreign Policy Update

CYPRUS

This week Clarke Cooper, Assistant Secretary of State for Political-Military Affairs, was in Greece conducting talks concerning the current security environment in the East Mediterranean region. He said the US needs to see further assurances from Cyprus on its “ability to deny port access to Russian naval vessels.”  According to Cooper, as Cyprus takes a greater role in the Eastern Mediterranean and expanded responsibilities supportive of European Union as well as NATO requirements, “we do need to be more interoperable with them, and that does require addressing the portage issue.” In September Russia held two naval exercises in the energy-rich Eastern Mediterranean, with Russian warships conducting firing exercises. The head of the Centre for Analysis of World Arms Trade in Moscow, Igor Korotchenko, said the exercises were designed as “a show of force by Russia against NATO.”

CHINA

“…the Chinese Communist Party is highly capable, ambitious, and hostile to our basic political principles: democracy, openness, and individual dignity,” according to David Stilwell, Assistant Secretary of State for East Asian and Pacific Affairs. At an address this week at the Hoover Institution Stillwell spoke about the Trump Administration’s 2017 National Security Strategy, which is centered on the observation that we are in “a geopolitical competition between free and repressive visions of world order.” Influence and interference operations are fundamental to how the Chinese Communist Party engages with the world. Stillwell said we can’t think of China as simply a trade partner or the home of a great civilization. The Chinese Communist Party’s strategy implicates private as well as governmental targets around the world, he added, and it why all institutions in American society need to “understand that strategy and adopt measures to manage risk, counter coercion, and protect free expression.” 

HONG KONG

“The United States strongly condemns the arrest and detention of three student democracy activists and calls on Hong Kong authorities to release those that remain detained immediately,” according to Secretary of State Pompeo in a statement. The Beijing-controlled Hong Kong government continues to stifle dissent, repress public opinion, and use law enforcement for political purposes. There have been a number of arrests, detentions, and harassments of pro-democracy protesters.

Pompeo said the People’s Republic of China has “violated its international obligations under the 1984 Sino-British Joint Declaration,” while the Chinese Communist Party and its Hong Kong proxies crush the promised autonomy of Hong Kong, and “eviscerate Hong Kong’s respect for human rights,” including the rights to peaceful assembly and freedom of expression.

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IRAN

“Instead of using its natural resource wealth to improve living conditions for the Iranian people, the Iranian regime prefers to pawn its oil to fund the Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) and support its terror proxies as they sow chaos and destruction around the Middle East. We will not let that happen,” according to Secretary of State Michael Pompeo in a statement release on October 31, 2020. The US also condemned attacks by the Iranian-backed Houthis against Saudi Arabia.  The attacks were launched indiscriminately towards Riyadh, and risked the lives of innocent civilians, including Americans.  Pompeo said: “These acts demonstrate that the Houthis are not serious about seeking a political solution in order to bring peace to Yemen.  The United States calls on Iran to stop smuggling weapons to the Houthis in violation of UN Security Council resolutions and to stop enabling the Houthis’ aggressive acts against Yemen and towards its neighbors, including Saudi Arabia.”

MALDIVES

Secretary Pompeo announced that the United States is opening its first permanent embassy in the Maldives. He said the United States wants to continue to build out what has been a “really important” security and diplomatic relationship. The Maldives are located just southwest of India and are in a strategic area where China is increasing its naval activity and influence operations.

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