Foreign Policy Update – USA Gov Policy

Four Years of Wrongful Detention for the Citgo 6

November 21 marked four years since U.S. nationals Jorge Toledo, Gustavo Cardenas, José Pereira, Tomeu Vadell, José Luis Zambrano, and Alirio Zambrano traveled to Venezuela for a CITGO Petroleum business meeting and were not allowed to come home. After being invited to Venezuela, masked security agents detained all six men and imprisoned them on specious charges without due process or access to a fair trial. As a fifth Thanksgiving holiday approaches, we continue to seek their unconditional return and the release of all U.S. nationals wrongfully detained overseas.

The U.S. will continue to relentlessly pursue the release of these individuals. To the Venezuelan authorities who have imprisoned them, we ask that they be allowed to return to the United States to reunite with their families.

On the Situation in the South China Sea

Two days ago, the People’s Republic of China (PRC) Coast Guard blocked and used water cannons against Philippine resupply ships en route to Second Thomas Shoal in the South China Sea.

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The United States stands with our ally, the Philippines, in the face of this escalation that directly threatens regional peace and stability, escalates regional tensions, infringes upon freedom of navigation in the South China Sea as guaranteed under international law, and undermines the rules-based international order.

On July 12, 2016, an Arbitral Tribunal constituted under the 1982 Law of the Sea Convention, delivered a unanimous and enduring decision firmly rejecting the PRC’s claims to Second Thomas Shoal and to waters determined to be part of the Philippines’ exclusive economic zone. The PRC and the Philippines, pursuant to their treaty obligations under the Law of the Sea Convention, are legally bound to comply with this decision. The PRC should not interfere with lawful Philippine activities in the Philippines’ exclusive economic zone.

The United States stands with our Philippine allies in upholding the rules-based international maritime order and reaffirms that an armed attack on Philippine public vessels in the South China Sea would invoke U.S. mutual defense commitments under Article IV of the 1951 U.S. Philippines Mutual Defense Treaty.

The United States strongly believes that PRC actions asserting its expansive and unlawful South China Sea maritime claims undermine peace and security in the region.

Quick Analysis

Judge Juan Merchan Must Recuse Himself from Hearing the Case of Donald Trump

Judge Juan Merchan Must Recuse Himself from Hearing the Case of Donald Trump By John H. Wilson In April and May of 2023, we discussed several of the weaknesses of the criminal case brought against former President Donald Trump. In particular, we described the legal insufficiency of the indictment, which does not “asserts facts supporting every element of the offense charged and the defendant`s…commission thereof with sufficient precision to clearly apprise the defendant…of the conduct which is the subject of the accusation.” We also noted that the majority of the charges brought against Trump are most likely time-barred by New York’s Statute of Limitations. https://www.usagovpolicy.com/is-trumps-indictment-beyond-the-statute-of-limitations/ In both articles, we also noted that the Judge assigned to hear the case against the former President, Juan Merchan, had previously donated small sums to several anti-Trump organizations, and was unlikely to dismiss the charges on either of these grounds. According to the New York Post, Merchan “donated $35 to Democratic causes in 2020, including $15 to President Biden’s campaign and $10 to a group dedicated to ‘resisting … Donald Trump’s radical right-wing legacy.’ Federal Election Commission records show Merchan made three small-dollar donations within the span of two days in July 2020 through ActBlue, the Democratic Party’s preferred online fundraising platform. The veteran judge contributed $15 earmarked for the ‘Biden for President’ campaign on July 26, 2020, and then the following day made $10 contributions to the Progressive Turnout Project and Stop Republicans” . Given the small amounts involved, no one seriously argued that Judge Merchan should be removed from the case after having made these contributions, even though “FEC records show that Merchan listed his occupation as ‘judge’ on the donation form, and his employer as the New York State Office of Court Administration.” This is, however, an issue of some seriousness. Under Rule 100.5(A)(1) of the Rules of the Chief Administrative Judge for the State of New York, “[n]either a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. Prohibited political activity shall include…(h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate. (Emphasis added.) This means that despite the modest sums donated by Judge Merchan, he is prohibited from making ANY contribution, in ANY amount, to the Biden campaign, or any other political organization. It’s not as if Judge Merchan wouldn’t be aware of these rules. According to CNN, “Merchan launched his legal career in 1994…as an assistant district attorney in the trial division in the Manhattan District Attorney’s Office…[i]n 2006, New York Mayor Michael Bloomberg…appointed Merchan to Family Court in the Bronx, and Democratic Gov. David Paterson appointed him to the New York State Court of Claims in 2009, the same year he began serving as an acting New York Supreme Court judge.” With more than 23 years of experience as a judge, Juan Merchan would certainly know he is prohibited from making contributions in any amount to political campaigns and organizations. But he did it anyway. Further, under Rule 100.3(E)(1) “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.” Making campaign contributions to the current President, and then hearing the case of that President’s opponent in this year’s election would certainly qualify as a reasonable question regarding Merchan’s impartiality. But this is only one basis under which Judge Merchan’s removal from the Trump case is both appropriate and necessary. There is more substantial basis for this matter to be taken away from Judge Merchan. Rule 100.3(E)(1) continues as follows; “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances where… (d) the judge knows that the judge or the judge’s spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person…(iii) has an interest that could be substantially affected by the proceeding.” According to the website Living DNA, a First Degree of Relationship is a Parent to a Child, while a Sixth Degree is a second cousin. In between are Grandparents and grandchildren, great-grandparents and great-grandchildren, Aunts, Uncles, Nieces, Nephews and First Cousins. It stands to reason, then, that if Judge Merchan had a cousin, or a nephew, or a grandchild who was known to the Judge, and that person had “an interest that could be substantially affected” by a proceeding over which Judge Merchan was presiding, he would have to legally and ethically recuse himself from the handling of that matter. But what if that person is of the first degree of relationship, that is, a child of the Judge? Meet Loren Merchan, who is, according to the New York Post, “president of Authentic Campaigns, a Chicago-based progressive political consulting firm whose top clients include Rep. Adam Schiff (D-Calif.), who was the lead prosecutor in Trump’s first impeachment trial, and the Senate Majority PAC, a major party fundraiser…Schiff’s campaign for US Senate scored an eye-popping $20 million in aid since he began soliciting donations off the presumptive GOP presidential front-runner’s unprecedented 34-count indictment last April, according to Federal Election Commission records…The Senate Majority political action committee, which supports Democratic Senate campaigns, pocketed $73.6 million since it also began firing off fundraising emails following the ex-president’s indictment…The super PAC has done more than $15 million in business with Authentic since 2019, including email fundraising and branding assistance, while Schiff’s Senate campaign paid Authentic more than $10 million for digital advertising and other consulting services the past year, records show.” Let us understand what the New York Post has revealed here. Loren Merchan is the president of an organization that has been paid ten million dollars by the Senate Majority PAC, which has earned the money to pay Loren’s company by fundraising that is, at least, […]

Our Latest Television Program

Weak Foreign Policy’s Dangers

Cameron Hamilton, a former Navy SEAL and Republican Congressional Candidate for Virginia’s 7th district, describes how the Biden administration’s weak leadership has promoted instability and conflict around the world. Another fascination conversation follows as author Jason Morgan describes the perilous situation in the Indo-Pacific. If your missed the program on your local TV station, watch it at https://drive.google.com/file/d/1sIo2JVHjF6_hPQzr6CVrMegRF_7YxSnp/view?ts=66295e0a