“Liberty is worth the trouble.”

April 29, 2022

[Audio version here]

          President Biden proposed a $30 billion aid package to Ukraine, “a vast increase in America’s commitment to defeating Russia in Ukraine.” Biden said,

The cost of this fight is not cheap. But caving to aggression is going to be more costly if we allow it to happen. We either back the Ukrainian people as they defend their country, or we stand by as the Russians continue their atrocities and aggression in Ukraine.

          Whether Biden’s proposal will garner bipartisan support remains to be seen. When the President proposed a $13 billion aid package in March, thirty-one Republican Senators voted against that aid package (which nonetheless passed). Two weeks later, twenty-four of those thirty-one Republican Senators who voted against the $13 billion aid package demanded that President Biden “do more” to support Ukraine. We can only hope that Republicans will not seek to gain a partisan advantage over Biden’s most recent proposal

          President Biden also asked Congress to increase the government’s power to seize (not merely freeze) assets of Russian oligarchs tied to Putin and use the proceeds to help Ukraine recover from Russia’s illegal aggression. The proposal has drawn opposition from the ACLU, claiming that liquidating Russian assets would violate the due process clause. Other commentators argue that seizing Russian assets would exceed presidential authority under existing statutes and violate international law.  

          But as Professor Tribe noted in an NYTimes op-ed last week (“$100 Billion. Russia’s Treasure in the US Should Be Turned Against Putin), the US has seized and liquidated assets of sovereign nations on several prior occasions and has the authority to do so here. Professor Tribe tweeted in response to Biden’s proposal, saying

Biden’s proposal to let US authorities liquidate assets of Russian oligarchs and donate the proceeds to Ukraine seeks broad new legal powers that ironically aren’t needed to liquidate even more US dollars from Russia’s sovereign accounts in the US.

          I will let Professor Tribe and others debate the legal nuances of domestic and international law on this controversy (although, based on my reading, Professor Tribe has the better argument). From a moral perspective, Russia is engaged in an illegal war of aggression and is committing crimes against humanity (or worse) in violation of international law. Russia does not deserve the benefit of the doubt. To the extent that President Biden has a good-faith basis under law to seize Russian assets now and donate the proceeds to Ukraine, he should do so—and let Russia and its kleptocrats seek reimbursement after they are done murdering innocent civilians and pillaging Ukraine. At that point, they will be universally recognized as war criminals and will not willingly submit to the jurisdiction of US or international courts.

Madeleine Albright’s memorial service.

          The memorial service for Madeleine Albright was held on Wednesday of this week. Secretary Albright was an amazing woman who left an outsized imprint on American foreign policy. The bipartisan outpouring of love and respect for Secretary Albright was a bright moment in an otherwise fractious political environment.

          Jennifer Rubin wrote about the memorial service in her op-ed, Madeleine Albight’s funeral holds lessons for today’s polls. Rubin reflected on the differences between Secretary Albright (and her contemporaries in the GOP) and “the current crop of politicians” whose only interest is in reelection. Rubin noted the following differences between Albright’s generation and current Republican leaders:

First, they were all decent human beings who observed rules of conduct. . . They did not smear opponents or engage in petty feuds or question others’ patriotism. They declined to join the trend of politicians seeking to destroy political foes that began in the Newt Gingrich era.

Second, they extended themselves to others. They were kind to junior staff and acted with good humor toward members of both parties. These were serious people who did not take themselves too seriously.

Third, they believed the United States was a force for good in the world and could live up to its promise. They were warriors for democracy, liberty, human rights and a rules-based world order.

          Secretary Albright personified the above attributes, and more. A reader who attended the service shared the following quote, which was printed on the back of the prayer card distributed to all who entered the Cathedral:

          I am not an optimist, because I am not sure that everything ends well.  Nor am I a pessimist, because I am not sure everything ends badly.  Instead, I am a realist who carries hope, and hope is the belief that freedom and justice have meaning—and that liberty is worth the trouble.

          Vaclav Havel, Dissident, President of Czechoslovakia and the Czech Republic.

          Whether we call ourselves optimists, realists, or pessimists, “liberty is worth the trouble,” and we should continue the struggle against those who seek to extinguish it. Secretary Albright was a “warrior for democracy.” Each of us should aspire to be the same.

In Ukraine today.

•           The US has credible evidence that Russian soldiers executed Ukrainian citizens—including women and young children—who were trying to surrender. The details are horrifying. See Axios, US says credible reports indicate Russians executed surrendering Ukrainians. Per a US official, “the atrocities are not the result of rogue units or individuals; rather, they reveal a deeply disturbing pattern of systematic abuse across all areas where Russia’s forces are engaged.”

•           Ukraine has carried out several attacks inside Russia, targeting military support infrastructure. The attacks have created a PR problem for Russia, which is in the uncomfortable position of having to explain why its “special military operation” is not a “war” given the attacks on Mother Russia. See WaPo, Ukrainian attacks bring war home to Russia, fraying civilian nerves.

•           The attacks on Russian territory have led to an outcry on Russian media from Kremlin-friendly commentators—who are calling for nuclear retaliation. See The Daily Beast,  Margarita Simonyan, Top Kremlin Mouthpiece, Says Russia Is Being Forced Into Using Nukes in Ukraine. After describing the Ukrainian attacks, Simonyan said, “The Anglo-Saxons publicly encourage Ukraine to take their hostilities into Russian territory. What choice do you leave us, idiots? The total annihilation of what remains of Ukraine? A nuclear strike?”

January 6th Committee to hold hearings in June.

          The January 6th Committee will hold a series of eight meetings beginning in June. The timing is good—occurring during the primary season and before the November mid-terms. The Committee has decided not to repeat the “Mueller Report” mistakes, which failed to penetrate the American consciousness. Per a source familiar with the planned presentation, the Committee

is planning to produce a multimedia presentation and hire a writer as part of its effort to turn its largely secretive work into a compelling narrative. The online presentation, which would include links to key video evidence, would be in addition to a traditional written report.

          Republicans will no doubt criticize the Committee for producing a “Hollywood-style” report. Let them criticize all they want. The (sad) truth is that it will take a screenwriter’s talents to make some Americans understand the seriousness of what happened on January 6th. Besides, Republicans have their own Hollywood scriptwriters producing a fictionalized version of the news each night. It’s called “Fox News.”

Trump allies continue to tamper with 2020 election results.

          Reuters released a special report that details eight attempts by Trump allies to illegally breach voting databases and software systems used in the 2020 election. See Reuters, Trump allies breach US voting systems in search of ‘evidence’. Per Reuters, there have been

eight known attempts to gain unauthorized access to voting systems in five US states since the 2020 election. All involved local Republican officeholders or party activists who have advanced Trump’s stolen-election falsehoods or conspiracy theories about rigged voting machines.

          At least five of the cases are under investigation by local or federal law enforcement, with three arrests and one conviction, according to state and local officials. Four of the breaches forced election officials to decertify or replace voting equipment that was no longer secure. The Federal Bureau of Investigation declined to comment.

          Given the seriousness of the widespread assault on voting systems and voting databases, it is inappropriate for the FBI to decline to comment. To save FBI Director Wray the bother of writing a press release, I provide the following suggested release, free of charge and with no credit necessary:

          The FBI is aware of Reuter’s story about repeated efforts by individuals to gain access to voting systems and databases illegally. Election integrity is vital to American democracy. The FBI takes seriously any allegation of tampering before, during, or after elections. It is the policy of the FBI to investigate all reports of tampering involving voting machines used in federal elections. The FBI currently has multiple ongoing investigations into alleged incidents of tampering and will assist the Department of Justice in prosecuting those who violate federal election laws.

Concluding Thoughts.

          I will be in transit most of Sunday, so I may not be able to publish an edition of the newsletter for Monday (or I may send a very brief newsletter). So, if the newsletter does not show up in your inbox on Monday morning, don’t panic! All is well, and I will return to my regular publication schedule on Tuesday.

          A reader sent a link to a blog—Surrealist.org by Nori Muster—that contained a reflection that aligns with my daily messaging. Muster writes,

          Like always, talking head pundits try to count the votes six months before the election. It’s what they do. Pundits act like they have crystal balls to predict the future. Usually, when pundits tell us we have already lost the election, they are trying to use their power to depress turnout.

          Don’t listen to the pundits’ gaslighting. Use your time and energy to confirm you are registered and encourage your friends to get registered and vote.

          The above statement captures an essential truth: Predicting defeat becomes a self-fulfilling prophecy because it can depress turnout! We must not let that happen! Major league teams play games even when the “statistics” say that one team will likely win. We hold elections even when “polling” predicts a certain outcome. History is filled with surprising upsets in sports and politics. The only “poll” that matters is the one that is taken on election day.

          As Nori Muster says, “use your energy to confirm that you are registered and encourage others to get registered and vote.” To confirm your registration status, go to Can I Vote and select “Voter Registration Status.” If you aren’t registered, click on the “Register to Vote” icon. Depending on your state’s laws, you may also be able to register for “Absentee and Early Voting.” Finally, you can register to “Track Your Ballot” if you vote by mail.

          After exploring the Can I Vote site, share it with friends and encourage them to do likewise. In many states, the electorate is evenly divided, and a few votes in either direction can make a big difference. We should do all we can to ensure that the difference leans in our favor!

          Talk to you Monday-ish! Have a good weekend!

          PS, if you want a moment of relaxation and reflection, my Managing Editor’s blog today is a two-minute tour of her irises in full bloom! See Iris Parade! (everydaywithjill.com). Enjoy!