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Quick Analysis

Taliban Takeover: What it Means

Implications of the Taliban takeover of Afghanistan this week are more complicated than it first appears for Russian national security planners. While Moscow will benefit, in some aspects, from the US departure it also will face increased risks and uncertainty surrounding its national security environment near its border close to the northern and eastern regions of Afghanistan. Those areas contain battle-hardened Islamist, extremist factions left from earlier conflicts. The Lowy Institute’s Ian Hill says that Islamic State veterans from Syria and other countries are imbedded there in significant numbers. Russian analysts are unsure when, or if, the turmoil in Kabul will extend to those regions or beyond into the Central Asian states. 

If extremists move beyond Afghanistan and infiltrate Turkmenistan, Tajikistan or Uzbekistan, areas currently under Russian influence, it increases the threat of a potential spillover conflict involving terrorists moving into the Russian Motherland. Putin intends to prevent that from happening, along with any significant number of refugees who might attempt to enter the country. A third area of immediate concern for Putin is the extension of Afghan drug exports to Central Asia and into Russia. The Central Asian states have little security along the sparsely populated areas bordering Afghanistan. The porous frontier allows easy passage by local residents. Similar ethnic groups living on both sides of the political boundaries further obfuscate the demarcation of non-Afghan and Afghan citizens, who identify more closely with tribal and familial ties than with the modern nation-state.

Putin has historical reasons to be concerned, too. Leonid Brezhnev, fearing increased US influence in the country, staged a coup and deployed the Soviet 40th army inside Afghanistan in December 1979. By the end of the occupation in February 1989 the Soviets had suffered substantial losses with over 29,079 casualties at a cost of $115B (in 2019 USD). Within months of the initial invasion 24 of the 29 provinces were involved in the bloody conflict. Beginning in late 1984, US covert operations under the direction of CIA Director William Casey, secretly encouraged the Mujahideen in Afghanistan to conduct cross-border raids inside the Soviet Union. Casey wanted to stir up unrest among the country’s Islamic communities.

Finally, after nine years, one month, three weeks, and one day later under General Secretary Mikhail Gorbachev, the Soviet Union withdrew its last troops from the “Bear Trap,” after failing to eliminate the guerrilla resistance operating successfully in the cold and harsh Afghan terrain. The scars from that era remain etched heavily in Russian minds. Putin has no taste for conducting a ground war in this part of Central Asia and wants to avoid a potential proxy conflict with the United States. 

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Russia also remains wary of China’s role in Afghanistan and the Central Asian states. Both have long-term strategic and economic interests in the region. Afghanistan is a mineral rich country containing rare earth elements (REE’s) needed for all types of modern electronics, military weapons, aircraft, cell phones, etc. China controls over 95% of the world’s supply of REE’s, 36% of which are within its own territory. It also processes most of the heavy REE’s used in the developed world. Russia has an economic interest in acquiring Afghanistan’s REE resources. While Russia and China both want to restrain America in the region, they also remain cautious about each other’s ambitions.

Some analysts in Moscow have reservations about America leaving. The US effectively shielded Russia from Islamist extremists during the last decade. Conflicts erupting from the ensuing power vacuum could expand to include not only the Central Asian states, but also the North Caucasus and Volga regions of Russia. Putin knows he can’t control all the factions. Radicalized ethnic Tajiks and Uzbeks in Afghanistan could incite other groups inside Russia’s border with extremist ideas. They are, after all, riding high after their so-called defeat of the Americans. Putin is a sharp and seasoned politician who knows not everything is how it seems this week.

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 Thursday she presents key updates on Russia.

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China’s Nuclear Threat

Serious alarm bells are being rung as China accelerates its massive arms buildup.

Beijing has acted aggressively towards most of its neighbors (except Russia, North Korea, and Pakistan) with its vast conventional forces, including the world’s largest navy. But it is the nation’s rapidly growing nuclear force that has recently seriously concerned many in Congress.

Representatives Mike Rogers (R-AL), Ranking Member of the House Armed Services Committee, Michael McCaul (R-TX), Ranking Member of the House Foreign Affairs Committee, and Devin Nunes (R-CA), Ranking Member of the House Permanent Select Committee on Intelligence, have sent a letter to Biden urging him to “expose China’s duplicity and rapidly expanding nuclear program, and bring it into meaningful arms control discussions.” They also urged the President Biden to accelerate efforts to modernize the American nuclear deterrent.  

The communication was sent following their review of testimony from Admiral Charles Richard, the Commander of U.S. Strategic Command, that China has moved a portion of its nuclear force to a Launch on Warning posture and has a nuclear weapons stockpile that is expected to at least double, and potentially quadruple over the next decade. This would bring size of the deployed Chinese nuclear deterrent to approximately 1,000 warheads by 2030.

The Nuclear Threat Initiative reports that China has conducted 45 nuclear explosions, including a number of thermonuclear weapons and a neutron bomb. This series of nuclear tests in 1995-96 resulted in a smaller and lighter warhead design for a new generation of intercontinental ballistic missiles.

China closely guards information about its nuclear arsenal, making estimation unusually difficult. However, China currently has approximately 320 nuclear warheads. The U.S. Department of Defense asserts that China has approximately 90 nuclear-capable ICBMs, and four operational JIN-class nuclear-powered ballistic missile submarines  with two more under construction, all of which carry the JL-2 submarine launched ballistic missile .

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The Annual Threat Assessment presented to the Congress by Avril Haines, The Director of National Intelligence, earlier this year stated that China is fielding a full Cold War-style triad of nuclear assets — intercontinental ballistic missiles, nuclear-armed bombers and submarines capable of launching ballistic missiles. He stressed that “China’s ballistic missile arsenal is more survivable, more diverse, and on higher alert than in the past, including nuclear missile systems designed to manage regional escalation and ensure an intercontinental second-strike capability.”

Further, New developments since 2019 indicate that China will increase the peacetime readiness of its nuclear forces by moving to a launch-on-warning posture with an expanded silo-based force. China will reach a degree of nuclear parity with the United States by the end of the decade. Right now, Beijing’s conventional forces already outnumber America’s.

China’s ruling Communist Party has refused to engage in bilateral nuclear talks with the U.S. or engage in weapons control negotiations.

The PRC’s nuclear weapons program presents a threat beyond U.S.-China relations. Beijing has allowed transfer of military nuclear technology to both Pakistan and most notably Iran. Writing in Newsweek, Gordon Chang notes that “For decades, China aided Tehran’s nuclear weapons ambitions, and the two regimes are now conspiring in plain sight. Their recent announcement of a 25-year “strategic partnership,” for example, appears to be an effort to create a bargaining chip for Iran in the ongoing negotiations in Austria.”

The Congressmen stress that “Over the last decade the threat environment has worsened and become more complicated.” They request that “the time to arrest China’s build-up is now, not after they deploy new delivery systems and materially expand the size of their stockpile. Additionally, the need to continue to modernize the U.S. deterrent is vital to our efforts to deter both Russia and China.”

Photo: China reveals its most advanced nuclear-armed intercontinental ballistic missile, the DF-41 Photo: (Fan Lingzhi/GT)

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Quick Analysis

Afghanistan’s Fall: The Wider Danger

More than just Afghanistan has been endangered by Biden’s feckless retreat.

While America was planning to withdraw soon from Afghanistan, it could have been done, as the Trump Administration had proposed, in an orderly manner, leaving behind sufficient strength, particularly air power and special forces, that would have prevented a Taliban takeover.

But the Biden Administration chose a different path. First they announced a specific departure deadline, September 11 of this year, which was then shortened to August 31. Then it chose to not leave in place sufficient force to deter the Taliban, specifically, Bagram air base. These strategic mistakes enabled the Taliban to convince the population’s key local leaders that their victory was imminent and inevitable.  It demoralized the Kabul government and its army. All of this led to, according  to General David Petraeus, the retired U.S. Commanding General in Afghanistan and former CIA chief, a “psychological collapse” that would result when the Afghanistan military would be “unable to uphold the level of support they are accustomed to’ when fighting the Taliban.”

Writing for The Hill, Laura Kelly quotes retired Lt. Gen. David Barno, another former U.S. commander in Afghanistan and now a visiting professor of strategic studies at the Johns Hopkins University School of Advanced International Studies: “I think this U.S. withdrawal, and the abrupt way in which it is being executed in the face of rapid Taliban gains, will have an even deeper impact than the U.S. departure from Vietnam in 1975, and far greater than the (temporary) 2011 withdrawal from Iraq,”

Far more than just the war-torn nation of Afghanistan has been lost.  The precipitous, incompetent and somewhat treacherous manner in which this was done has frightened our allies into worrying about whether the United States will live up to its obligations elsewhere.  It cannot help but embolden China and Russia in their goals of invading Taiwan and Ukraine.  Putin and Xi Jing Ping will legitimately wonder whether a nation that turns tail and runs from a conflict commenced to protect itself from another major terrorist attack will actually move to defend allied nations across the globe.

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It gets even more worrisome.  Just across the border is Pakistan, a nation that has a considerable array of nuclear weapons. The Taliban already has a considerable presence there.  Freed from concerns about American forces back in Afghanistan, there is little to prevent it from moving swiftly to steal that atomic arsenal. If that happens, expect an attack on American soil that would make the September 11, 2001 assault, as utterly horrible as it was, look like a mere flash in the pan.

Biden’s weakness in Afghanistan does not exist in a vacuum. He utterly surrendered to Russia in the Nord Stream Pipeline dispute. He has proposed a Pentagon budget that is an actual reduction of the military’s spending power after accounting for inflation. He has refused to defend America’s southern border. His appointees at the Department of Defense and the leadership of the individual armed services declare that addressing transgender and racial issues are their main focus.  All this is being done at a time when China engages in an unprecedented buildup of its nuclear and conventional forces. It now has a larger navy than the United States. Russia’s Putin continues to occupy Crimea, undermines Eastern European nations, and threatens further assaults on Ukraine. Moscow has developed and deployed massive new strategic and battlefield nuclear weapons of unmatched strength.

Just 90 miles from America’s shore, an oppressive Cuban regime, which once sought to instigate a nuclear war, is faced with a freedom movement, which Biden has refused to support.

Weakness invites war. Unless the Biden Administration rapidly changes course, the collapse of Afghanistan will only be the beginning of dramatic events to come.

Photo: Pixabay

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Trojan Horse Infrastructure

Clearly, America requires investment in improved infrastructure. Unfortunately, the current infrastructure legislation will little to do to address that. In reality, it is a Trojan Horse, using a misleading title to masquerade a panoply of Progressive goals hidden in 2,700 pages that are far too unpopular, and unwise, to be pushed through honestly. Only 23 percent, or $550 billion,  of the Senate version would actually be used to rebuild roads, bridges, and similar projects. The touted  purpose of the legislation, to rebuild roads, bridges, and other related major projects, receives only $110 billion of the $1.5 trillion passed in the Senate.

Senator Kennedy (R-La.) argues that it shouldn’t even be called an infrastructure bill.  A more accurate description, he notes, would be a Green New Deal and welfare bill.

Two versions of the legislation range in price from $1.5 trillion to $3.5 trillion, the largest tax and spend measure on record. Neither version will help the nation. Far more harm than good will occur if it is passed.

The concerns are not GOP talking points.  Senator Manchin (D-WV) warns that the U.S. faces “Grave consequences” if the $3.5 trillion bill is enacted, sparking inflation.  Inflation is still stubbornly set at a 13 year high, with mammoth increases in basic commodities in energy topping the list. Adding several trillion dollars more to the mix could send the economy over the brink.

Paying for the measure could literally destroy retirement planning for vast numbers of Americans.

The Washington Times points out that one way the measure would  raise revenue to pay for itself is a gimmick called “pension smoothing.” Which would reduce the amount corporations are required to contribute to their employees’ pension funds and instead use that money to increase their profit margins, allowing a greater tax haul.

Small businesses and family farms would be devastated due to the concept of taxing unrealized capital gains upon death, another desperate attempt to finance the bill.

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A Trump-era program to reduce drug costs would be delayed.

Breaking a promise yet again, the Biden Administration is seeking to finance the pricetag with  a “vehicle mileage tax.” A Freedom Works review of the concept notes that “The new national motor vehicle per-mile “user fee” pilot program found in Title III of H. R. 3684 is merely a regressive tax by another name. While pundits argue about the costs and benefits of a commercial vehicle mileage tax, the inclusion of passenger vehicles in the program should be a huge red flag for citizens concerned about their growing tax burden.”

Spending in programs included do not even pretend to be infrastructure-related. They include vast amounts for agricultural climate research and other climate-specific programs, including the establishment of a “Climate Corps,” housing programs, purchasing “green materials,” universal pre-K, tuition free community college, providing lawful permanent status for some illegal immigrants, and investments for native housing and health facilities. A review by Brookings favors the legislation, but readily describes its support because it makes “the country more inclusive, environmentally resilient, and industrially competitive…”

Following the political battles to eventually gain passage, a legal challenge may well ensue centering on racially discriminator language. Former New York State lieutenant Governor Betsy McCaughey argues in Forbes that “…the measure “discriminates against whites at every turn…this racist bill locates and hands out jobs and contracts projects based on race, not merit…” As an example, McCaughey points out that “The bill includes grants to install solar or wind technologies and generate jobs in areas decimated by closing coal mines or coal-fired electric plans. Here’s the catch: when contractors bid, the bill says minority-owned businesses will get chosen first. Bad news for white contractors and displaced coal miners, who are overwhelmingly white and need jobs. (Section 40209)”

   Whatever the merits (or not) of the proposed infrastructure legislative ideas, they are certainly not infrastructure, making the legislation the largest bait-and-switch scheme in U.S. history.

Photo: Trojan Horse Replica (Pixabay)

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Foreign Policy Update

AFGHANISTAN

Secretary of State Antony Blinken spoke with Kazakhstan Deputy Prime Minister and Minister of Foreign Affairs Mukhtar Tileuberdi on August 13 to discuss the situation in Afghanistan.  Secretary Blinken updated the Foreign Minister on plans to reduce our civilian footprint in Kabul in light of the evolving security situation. Analysts in Washington are discussing the fast pace at which the Taliban captured six of the seven major cities in the country. The US is sending back American 3,000 troops to secure the evacuation of American diplomatic personnel and as many Afghan citizens who worked previously with the US Government and whose lives are in danger due to the situation. It appears that the US is not capable of evacuating all given the advances made by the Taliban in recent days. Many are calling this Biden’s Vietnam moment in reference to the end days of the Vietnam war when many American diplomats were literally picked up off the roof of the American Embassy and flown to safety. The Taliban are capturing US equipment and weapons during the US exodus making extraction of personnel more dangerous. According to the State Department Spokesperson, Ned Price, a core staff will remain at the US Embassy in Kabul. Price refused to answer reporters’ question as to the future location of the Embassy.

VENEZUELA

Nicolas Maduro, who currently is holding the position of President of Venezuela, has said that the first point in this agenda is a total withdrawal of the US sanctions to Venezuela. Price said that the US has been “committed to promoting accountability for the Maduro regime and its enablers for the actions that undermine democracy or fail to respect human rights.” He added that this “requires the Maduro regime to engage in sincere discussions with the opposition, led, of course, by Interim President Juan Guaido, that result in a comprehensive negotiated solution to the Venezuelan crisis.”

POLAND

The US is deeply disappointed in two pieces of Polish media legislation. One is limiting press freedom in the country and the other concerns Holocaust restitution. Price said that the US is “concerned by any steps that would impede the ability of Holocaust survivors and their families, as well as other Jewish and non-Jewish property owners, to attain restitution or compensation for property wrongfully confiscated during Poland’s communist era.” When asked by a reporter what steps the US is taking, Price suggested that, given Washington’s level of concern, it will “continue to urge” the Polish government to demonstrate its commitment to “shared democratic values.”

CARICOM

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The United States is donating $5.5 million Pfizer vaccine doses along with ancillary kits to the 15 member countries of the Caribbean Community (CARICOM), according to the State Department Spokesperson. As part of this donation, a shipment consisting of nearly 569,000 doses will be delivered to Antigua and Barbuda, The Bahamas, St. Kitts and Nevis, St. Vincent and the Grenadines, and Trinidad and Tobago today, and to Barbados.

QUAD SENIOR OFFICIALS MEETING

Senior officials from the US, Australia, India, and Japan met virtually as part of regular Quad consultations to advance a free and open Indo-Pacific region, according to the State Department. They discussed the importance of ongoing international cooperation to end the COVID-19 pandemic in the Indo-Pacific and to promote economic recovery and strategic challenges confronting the region, countering disinformation, promoting democracy and human rights, strengthening international institutions including the United Nations and related organizations, and supporting countries vulnerable to coercive actions in the Indo-Pacific region. The senior officials involved, according to State Department Press Office, also discussed the importance of peace and security in the Taiwan Strait, the ongoing crisis in Burma, and reaffirmed the Quad’s strong support for ASEAN centrality and the ASEAN Outlook on the Indo-Pacific. 

BELARUS

The Lukashenka regime in Belarus is ordering the United States to reduce its diplomatic presence in country. Price said “The regime has also recalled its agreement to receive Julie Fisher as US ambassador to Belarus. It is important to remember in all of this and to acknowledge that Belarusian authorities are responsible for the deterioration in U.S.-Belarus relations through relentless repression against their citizens. And that includes through the intensifying crackdowns that we have seen targeting members of civil society, targeting media, targeting athletes, students, legal professionals, and other citizens.”

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’s Pearl Harbor Attack

Expect a Pearl Harbor style, cyber-attack by China warns the front cover of the US Army’s latest edition of Cyber Defense Review. Other cybersecurity professionals are urging American officials to forget the Pearl Harbor image and not plan for a single, major attack on US systems, but focus on and prepare for additional piecemeal hacks that could create extensive damage over an extended period of time. While a catastrophic event, like the recent shutdown of the Colonial pipeline in Florida grabs everyone’s attention, Nicolas Rivero, writing in Quartz, says what we should be doing instead is to prepare to defend against  foreign intelligence operations from adversarial nations like China that are consistently targeting sensitive US data. In some attacks, China has collected passwords and other records to gain access to sensitive information but then waited years to actually retrieve the data. In others, it appears the attacks are bold, broad, and fast. With estimates of up to 100,000 trained Chinese hackers, the US needs to know what to expect from China and how to defend against the increasing cyber threat. It is becoming a cyber powerhouse 网络强国 (wǎngluò qiángguó) that the West can no longer ignore.

The FBI and US Cybersecurity and Infrastructure Security Agency (CISA) recently released a statement exposing a spearfishing campaign by Chinese state-sponsored hackers that started in 2011 and targeted oil and natural gas pipeline companies in the United States. The examples are too numerous to list. In June Chinese actors targeted organizations, including Verizon and the Metropolitan Water District of Southern California employing a platform used by numerous government agencies and companies for secure remote access to their networks, according to the Center for Strategic and International Studies (CSIS). The cyber-attacks are intensifying and expanding with US Government sites getting hit daily. China is not only going after the US. In May a Chinese hacking group compromised a Russian defense contractor involved in designing nuclear submarines for the Russian navy. The China threat to the world is real. It is imminent. We need to recognize that cyber warfare is not going away.

China also is using its military hackers to enhance its political influence campaigns abroad. In March one of its hacker groups invaded Facebook to send malicious links to Uyghur activists, journalists, and dissidents located abroad. That same month, CSIS reports that both Russian and Chinese intelligence services had targeted the European Medicines Agency in 2020 in unrelated campaigns, stealing documents relating to COVID-19 vaccines and medicines. For more than a dozen years the hackers assigned to Chinese PLA Unit 61398 have been conducting cyber warfare out of a 12-story building in Pudong, Shanghai. In 2013 the Pentagon began documenting these Chinese intrusions. They were focused on collecting intelligence on US diplomatic, economic, and defense related facilities and programs, according to the Pentagon’s annual report. 

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The breadth of Chinese cyber warfare operations today is overwhelming. At a time when the US is cutting back on defense spending, China officially is ramping up its defense spending by more than 6.8% again this year. Estimates by some  American defense analysts argue that this number effectively may be higher than 10% given the differences in how China’s defense programs are funded. Chinese cyber-attacks on US nuclear command, control, and communications (NC3) systems have become a potential source of conflict escalation as tensions rise between the two countries. According to a new a new International Institute for Strategic Studies (IISS) report the US still has the lead, but Chinese capabilities are quickly closing that gap and within the next decade given China’s “growing industrial base in digital technology, it is the state best placed to join the US in the first tier” surpassing Australia, Canada, France, Israel and the UK that are considered to be second tier, according to the IISS report. This summer an NSA, CISA and FBI report stated that “Chinese state-sponsored cyber actors use a full array of tactics and techniques to exploit computer networks of interest worldwide and to acquire sensitive intellectual property, economic, political, and military information.” The question now is when and how will the US counter this existential Chinese threat to our national security.

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.

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The Nord Stream Question

Unlike a chameleon whose eyes can rotate 360 degrees to view the whole landscape around it simultaneously, human vision tends to focus our interest on the dangers immediately in front of us. The result is that while we are paying close and careful attention to an imminent security threat, we often overlook other significant factors operating on the sidelines or relegate that data to a secondary status to be dealt with at a later date. While it is true that Putin’s Russia stands immediately in front of our path and under our careful watch, it isn’t sufficient to view Moscow’s actions in isolation.

Russia is Waltzing along the sidelines with China and other adversarial nations who would benefit greatly from seeing the United States preoccupied and struggling with its international security environment. Kenneth Waltz, who published his seminal work Theory of International Politics the same year the US normalized relations with China, would argue that while the international world is composed of a system-wide structure of states we can analyze, we also need to consider the interacting units. Developments in the Nord Stream Two pipeline project may be on the sidelines as the world deals head on with the impact of Covid, Chinese aggression, cyber threats and other security-related issues, but pipeline issues and their impact in the Ukraine and the rest of Europe should not be ignored.

In a July 15 European General Court landmark decision concerning the Nord Stream Two pipeline, Germany lost its appeal to stop Gazprom’s unrestricted use of onshore OPAL (Ostsee-Pipeline-Anbingdungsleitung). This judgment, which now becomes the new cornerstone standard, gives us cause to revisit how energy decisions are made among the European Union (EU) states, Russia, and the United States, and their implications for future Russian natural gas projects on the European continent. This year the European Court went even further than its earlier ruling stating that the principle of energy security solidarity is binding on all institutions and bodies of the EU. 

Russian energy may now flow more freely to Eastern and Central Europe, but now the Ukraine and some West European states face the potential of a major gas shortage this winter. According to the Jamestown Foundation, European gas storage remains at under 60% capacity. Celsius Energy reports it is not expected to exceed 79% by the end of November. Gasprom-controlled underground storage facilities in Germany currently are at 13% and in Austria at only slightly higher at 14%.  Gas prices have more than doubled from the typical high wintertime pricing. 

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With the world looking in other directions, Biden lifted the US’ opposition to the Nord Stream 2 pipeline and Putin won his golden victory. Russia gets to supply Europe as its wishes; Ukraine will lose about $3 billion in gas transit fees; and Moscow will have geopolitical protection for gas transiting Europe via its territory, according to Paul Gregory, a research fellow at the Hoover Institution. As compensation Putin has offered the Ukraine between $50-$70 million in investment monies to offset the purchase cost of fewer than 100 windmills to produce green energy for Ukraine’s domestic use. 

Biden called his move to lift sanctions a goodwill gesture to improve German-American relations. German Chancellor Angela Merkel calls her nation’s energy moves a purely commercial undertaking. From the Ukraine’s perspective, these side deals bolster Russia, deliver empty promises of energy security from Merkel, and are a betrayal by Washington. No one dares address what will occur this winter if Russia’s Gasprom develops “maintenance problems” in its supply line of energy going to the Ukraine.  Already deliveries to that country are down by 50% this year. If Putin decides to annex additional territory, what nation will be willing to risk losing their monopolized, Russian energy supply? Putin, in addition to Ukraine, already has weaponized energy against the Baltic states and Eastern Europe. While the West keeps a watchful eye on China and the Middle East, Putin is running unimpeded down the sidelines, apparently, out of our line of sight. It may be a chilly winter in parts of Europe this year.

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 Thursday, she presents key updates on Russia.

Photo: Pixabay

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“NOT A SINGLE VOICE OF SUPPORT” – THE IMPEACHMENT OF ANDREW CUOMO

On August 10, 2021, Andrew Cuomo tendered his resignation as Governor of New York.  In doing so, “Given the circumstances,” the “Love Gov” said in his resignation speech, “the best way I can help now is if I step aside and let government get back to government.”

By his resignation, Lieutenant Governor Kathy Hochul becomes New York’s first female Governor. 

Cuomo’s resignation from office comes as the New York State Assembly was in the process of an impeachment inquiry.  But unlike the urgency to move forward in Congress with the second impeachment of Donald Trump, the New York State Assembly would not be rushed to judgment.  Despite the damning report from New York State Attorney General Letitia James, outlining a series of instances where Governor Cuomo sexually harassed a variety of women, “(t)he state Assembly is wrapping up its probe of Gov. Andrew Cuomo and could draft articles of impeachment by the end of the month… (t)he Assembly Judiciary Committee will issue its report and recommendation — all but certainly to impeach Cuomo — and then the full Assembly would immediately go back into session and vote on the articles of impeachment… (t)he Assembly articles of impeachment are then sent to the Senate, where a trial on whether to convict Cuomo for misconduct must take place within 60 days.” 

This was a leisurely schedule, given that “(o)ne Assembly member said “not a single voice of support” was expressed in favor of Cuomo during a (recent) emergency State Assembly conference.”  Assembly Speaker Carl Heastie was quoted in the New York Post as saying, “After our conference…to discuss the Attorney General’s report concerning sexual harassment allegations against Governor Cuomo, it is abundantly clear to me that the Governor has lost the confidence of the Assembly Democratic majority and that he can no longer remain in office.” 

Obviously, the New York Assembly got its wish – Governor Cuomo took the hint and resigned.  Yet, up until yesterday, the Governor gave no indication of any intention to step down.  “At this point, Cuomo seems as if he will try to hold onto power as long as he feels he still has a public mandate. He may reason that resignation would forever tarnish his political legacy, whereas if he serves out his term, the scandal may fade into the background — as it did from March through July, and as Virginia Gov. Ralph Northam’s blackface scandal did (in fact, Northam’s popularity has fully recovered).”

The handwriting was on the wall, and written large was that the “Love Gov” did not hold that public mandate for much longer.  “Marist College released the first poll conducted since James’s report, and it found that 59 percent of New Yorkers wanted Cuomo to resign — and if he doesn’t resign, the same share thinks the state legislature should impeach him. This is just one poll, but it could suggest that many New Yorkers have found the report’s findings disturbing enough to change their mind.” 

According to the New York State Constitution, Article VI, Section 24, “The assembly shall have the power of impeachment by a vote of a
majority of all the members elected thereto. The court for the trial of
impeachments shall be composed of the president of the senate, the
senators, or the major part of them, and the judges of the court of
appeals, or the major part of them. On the trial of an impeachment
against the governor or lieutenant-governor, neither the
lieutenant-governor nor the temporary president of the senate shall act
as a member of the court. No judicial officer shall exercise his or her
office after articles of impeachment against him or her shall have been
preferred to the senate, until he or she shall have been acquitted.
Before the trial of an impeachment, the members of the court shall take
an oath or affirmation truly and impartially to try the impeachment
according to the evidence, and no person shall be convicted without the
concurrence of two-thirds of the members present. Judgment in cases of
impeachment shall not extend further than to removal from office, or
removal from office and disqualification to hold and enjoy any public
office of honor, trust, or profit under this state; but the party
impeached shall be liable to indictment and punishment according to law.”

In the history of New York State, only one other Governor was impeached and removed from office.  “William Sulzer was still only freshly in the New York State governorship when he chose to challenge Boss Charles Murphy of New York City’s Tammany Hall, who at the time was threatening to have the Legislature kill all Sulzer’s proposals if the governor didn’t stop vetoing Tammany bills… In the fall of 1913, less than a year after he went to Albany, Sulzer was… accused of laundering campaign funds…Sulzer, as it happened, appeared to be pretty guilty,,,(h)e had failed to add three checks totaling $9,000 in campaign contributions to the $5,460 he did declare. Purely an oversight, he insisted…. A tribunal consisting of the state Senate and the Court of Appeals convened in September (1913); a month later, this court found Sulzer guilty of perjury and filing a false campaign statement. On Oct. 17, he was removed from office. ‘If I had served Mr. Murphy instead of serving the state,’ Sulzer declaimed, ‘if I had obeyed Mr. Murphy instead of the dictates of my conscience Mr. Murphy would never have instituted this impeachment.'”  (For the details of the career and impeachment of William Sulzer, see here.

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Andrew Cuomo was poised to join Sulzer in a very select club until his resignation yesterday.

Even though he has resigned his office, Cuomo may still face criminal charges.  According to CNBC, “(t)he district attorneys of Manhattan, and Westchester and Nassau counties, joined the Albany County DA in seeking investigative materials collected for (the James) report…(a) spokesperson for Manhattan DA Cyrus Vance Jr. told NBC later Wednesday that, ‘When our office learned yesterday that the Attorney General’s investigation of the Governor’s conduct was complete, our office contacted the Attorney General’s Office to begin requesting investigative materials in their possession pertaining to incidents that occurred in Manhattan.’” 

However, as we  recently discussed the highest level crime he could be charged with is the Class A misdemeanor of Forcible Touching.   “For someone of the governor’s stature,” we stated,  “most prosecutors would rather pursue a felony charge, such as rape or felony sexual misconduct.”

In our last report, we concluded that “Andrew Cuomo appears to be the only Democratic politician left in New York (and possibly nationwide) who thinks he can still lead after these revelations.”  While she is not a politician, as of last week, Andrea Peyser of the New York Post was among those who remained optimistic about Cuomo’s chances to not only remain in office, but to win reelection.  “If anyone can retain his job, his self-respect and his mind after being accused of touching, groping, bullying – or some combination of all three – 11 women without their consent, it’s Andrew Cuomo… while new polls show he’s lost a majority of voters’ support, he still has friends, allies and fans, who could flood back into his corner at a moment’s notice should he present a compelling case for his innocence. Beating this will be tough, but far from impossible… Just wait. Pretty soon, all will be forgiven.” 

While not as cheerful about the “Love Gov’s” prospects as Ms Peyser, I too believed it was too soon to count Cuomo out.  He may have believed himself to be the only alternative to a takeover of New York State by Progressives like Attorney General Letitia James.  He may also have believed he could weather this storm and even beat an impeachment.

Either way, New York State is in for some interesting political drama over the next few months.

Judge Wilson (ret.) served on the bench in New York City

Photo: Albany’s Capitol Plaza

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Quick Analysis

Cuomo’s Downfall: A Study in Corruption and Bad Governance, Part 2

NY Attorney General Leticia James makes no recommendations regarding whether or not Cuomo should be prosecuted for his activities.  As reported in the New York Post, “she said that her office wouldn’t be bringing a case against Cuomo and instead left it up to local authorities and victims to bring charges or civil claims.  ‘Our work has concluded,’ James said. ‘The document is now public. And the matter is, civil, in nature, and does not have any criminal consequences. It is my understanding.’…(a)n AG spokesman said that the office didn’t bring a case against Cuomo since it has an inherent conflict of interest given that a division of the office is tasked with defending the state — and Cuomo — in numerous legal matters.” 

Yet are these allegations “civil in nature?”  In large part, yes.  Violations of 42 USC Sec 1983 and Title VII of the Civil Rights Act of 1964 do not, in general, create criminal liability. 

However, under New York’s Penal Code, the governor’s “grabbing of Executive Assistant #1’s butt” would be the crime of Forcible Touching under Sec. 130.52 of the New York State Penal Law (“a person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.  For the purpose of this section, forcible touching includes squeezing, grabbing and pinching.”)    Further, under New York v. Darryl M., the “butt” is considered an intimate part of the body. 

Fortunately for Governor Cuomo, Forcible Touching is a Class A misdemeanor.  For someone of the governor’s stature, most prosecutors would rather pursue a felony charge, such as rape or felony sexual misconduct.  Thus, it would seem most likely that the victims of the latest “Lov Gov” will have to be satisfied with pursuing Cuomo in civil court for money damages.

Will this scandal finally result in Cuomo’s resignation from office?  Probably not.  As noted by CNN, “Cuomo has insisted he did nothing wrong and made no indication in a video response that he will step down.”  This despite calls from even Joe Biden that he resign. 

Why doesn’t Cuomo realize, as Spitzer did, that a scandal like this affects his ability to govern?  Maybe because it doesn’t necessarily have that effect.

As late as July of this year, before the Attorney General’s report was published, “a Siena College poll…found 23% of those surveyed said Cuomo should resign immediately, while 39% said he should serve out his term but not seek re-election. Another 33% said he should stay in office and run for re-election in 2022. Separately, 35% of voters said they were prepared to re-elect Cuomo if he runs, while 56% said they would prefer ‘someone else,’ up slightly from last month, the poll from the Albany-area polling institute found.” 

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Further, as reported by CBS News in March, “Cuomo’s support among Black constituents helps tell the story of how he has survived so far. The Siena poll showed that 59% of Black voters say Cuomo should be reelected while 29% said they prefer someone else. Among White votes, those numbers are reversed.  Black voters also give Cuomo high favorability ratings, while his numbers among white voters are under water: 61% of Black voters view him favorably while just 37% of white voters do. And they give him higher grades than other voters do on whether he can do his job effectively, given the various investigations and on his handling of the pandemic. ‘Communities of color are particularly attuned to and sensitive to issues of due process and not rushing to judgment,’ says a New York Democratic operative. ‘It isn’t necessarily rushing to support him but it’s wait-and-see mode.'” 

Of course, hedging their bet, that same operative also told CBS News that “there is a sense of respect among Black voters for Attorney General Letitia James and her ability to conduct the investigation.”  

Also in March of this year, we examined this investigation when first brought by Attorney General James.  At that time we discussed her motivations in pursing this investigation as a vehicle for her own potential run for governor.  We also noted that James is a full-fledged member of the progressive wing of the Democratic party, while Cuomo is not. 

Perhaps Governor Cuomo believes he is the “devil” voters know, as opposed to James, the “devil” they don’t know.  Perhaps Cuomo believes he is the only viable alternative to the Progressive James.

Whether Cuomo resigns, doesn’t resign, is reelected, or not, one thing is certain – Andrew Cuomo appears to be the only Democratic politician left in New York (and possibly nationwide) who thinks he can still lead after these revelations.

Judge Wilson’s Report Concludes Tomorrow

Photo: NY State Capitol

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Quick Analysis

Cuomo’s Downfall: A Study in Corruption and Bad Governance

By now, the news has spread far and wide – another Governor of New York State is embroiled in a sexual scandal.  

It wasn’t that long ago that New York State Governor Elliot Spitzer, the self-described “Steamroller,” and “Sheriff of Wall Street,” resigned his office in disgrace after it was revealed that he’d had sex numerous times with prostitutes.  As described in the New York Post, Spitzer told his close advisor, Lloyd Constantine,  “I have to resign… the Times will report that I have been involved with prostitutes…I can’t continue as governor.”   Constantine added, “We urged him to stay for the good of the people of the state…(b)ut I guess he just didn’t want to be governor anymore.” 

Those events occurred in 2008, 13 years ago.  At that time, Spitzer realized that the public revelations of his actions meant he could no longer govern.  Compare that almost-quaint ethos with recent events.

“’This is a sad day for New York because independent investigators have concluded that Governor Cuomo sexually harassed multiple women and, in doing so, broke the law,’ said (New York State) Attorney General (Letitia) James…(s)tarting in December 2020, multiple women came forward with allegations that Governor (Andrew) Cuomo sexually harassed them. Over the course of the investigation, the investigators interviewed 179 individuals. Those interviewed included complainants, current and former members of the Executive Chamber, State Troopers, additional state employees, and others who interacted regularly with the governor…(b)acked up by corroborating evidence and credible witnesses, the investigators detail multiple current or former New York state employees or women outside state service who were the targets of harassing conduct on the part of the governor.” 

The Report from the New York Attorney General details a series of encounters between the new “Love Gov” and various women.  For instance, “Since approximately late 2019, the Governor engaged in a pattern of inappropriate conduct with…Executive Assistant #1…(t)hat pattern of conduct included: (1) close and intimate hugs; (2) kisses on the cheeks, forehead, and at least one kiss on the lips; (3) touching and grabbing of Executive Assistant #1’s butt during hugs and, on one occasion, while taking selfies with (Cuomo); and (4) comments and jokes by the Governor about Executive Assistant #1’s personal life and relationships, including…inquiring multiple times about whether she had cheated or would cheat on her husband, and asking her to help find him a girlfriend.”

Then there are these allegations: “In early November 2017, the Governor briefly met a New York State Trooper (‘Trooper #1’), a woman, at an event on the Robert F. Kennedy Bridge…also known as the Triborough Bridge… Trooper #1 was then hired into the (Protective Service Unit) PSU, despite not meeting the requirement to have at least three years of State Police service to join the PSU… (a)fter Trooper #1 joined the PSU, the Governor sexually harassed her on a number of occasions, including…running his hand across her stomach, from her belly button to her right hip, while she held a door open for him at an event…running his finger down her back, from the top of her neck down her spine to the middle of her back, saying ‘hey, you,’ while she was standing in front of him in an elevator…(and) making sexually suggestive and gender-based comments, including (a) asking her to help him find a girlfriend and describing his criteria for a girlfriend as someone who ‘[c]an handle pain,’” 

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According to the Press Release issued by the Office of the New York State Attorney General, “The investigation found that Governor Cuomo’s sexual harassment of multiple women…violated multiple state and federal laws, including Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and 42 U.S. Code § 1983, in addition to the Executive Chamber’s own equal employment policies.” 

Judge Wilson’s (ret.) Report Continues Tomorrow