All posts by Kevin Zeese and Margaret Flowers

A Historic Opportunity To Transform Trade When We Stop NAFTA II

Donald Trump was right when he said that the North American Free Trade Agreement (NAFTA) has been a disaster for the United States and promised to renegotiate it when he became president. However, the renegotiated NAFTA-2 is worse than the original NAFTA and should be rejected.

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On December 1, NAFTA-2 was signed by President Trump, Prime Minister Justin Trudeau of Canada, and Mexican President Enrique Peña Nietos. This started the process of approval by the legislatures of each country.

Our movement for trade that puts people and planet first now has two synergistic opportunities: We can stop NAFTA II and replace corporate trade with a new model that raises working conditions and protects the environment.

Join our No More Rigged Corporate Trade campaign and take action now.

No NAFTA -2 from Popular Resistance

Stopping NAFTA-2

When NAFTA became law on January 1, 1994, it began a new era of trade – written by and for transnational corporations at the expense of people and planet. President George H.W. Bush failed twice to pass NAFTA. During Bush’s re-election campaign, independent Ross Perot described NAFTA as the “giant sucking sound” that would undermine the US economy.

President Clinton was able to get it through Congress. The Los Angeles Times described that vote as “a painfully divided House of Representatives” voting a 234-200 for NAFTA. A majority of Democrats 156-102 opposed NAFTA. During the debate, protesters were ejected when they showered fake $50 bills that said “trading pork for poison” from the visitors gallery.

In the 2016 election, President Trump showed he understood what the United States experienced — NAFTA was bad for the people undermining manufacturing and agriculture. People want it repealed. Unlike Hillary Clinton, Trump had his finger on the pulse of the population.

NAFTA-2 is another trade agreement designed for corporate profit. Trump trade fails to provide enforceable protections for workers or the environment. In this time of climate crisis, it does not mention climate change. It fails to protect the food supply and will result in increased cost of medicines.

Citizen’s Trade Campaign writes, there are positive labor standards “but only if currently absent enforcement mechanisms are added.” As the Labor Advisory Committee states: “Unenforced rules are not worth the paper they are written on.”

The Sierra Club reports NAFTA-2 takes a significant step backward from environmental protections included in the last four trade deals by failing to reinforce a standard set of seven Multilateral Environmental Agreements that protect everything from wetlands to sea turtles.

NAFTA-2 allows intensely-polluting oil and gas corporations involved in offshore drilling, fracking, oil and gas pipelines, refineries, or other polluting activities to challenge environmental protections in rigged corporate trade tribunals. Trump Trade preserves a NAFTA rule that prevents the US government from determining whether gas exports to Mexico are in the public interest. This creates an automatic gas export guarantee, which will increase fracking, expand cross-border gas pipelines, and increase dependency on Mexican climate-polluting gas.

Food and Water Watch summarizes:

The energy provisions will encourage more pipelines and exports of natural gas and oil that would further expand fracking in the United States and Mexico. The text also provides new avenues for polluters to challenge and try and roll back proposed environmental safeguards, cementing Trump’s pro-polluter agenda in the trade deal.

NAFTA-2 undermines food safety and health by making it more difficult to regulate and inspect foods. It limits inspections and allows food that fails to meet US safety standards to be imported. NAFTA-2 serves Monsanto and other giant agro-chemical corporations by allowing unregulated GMOs, rolling back Mexico’s regulation of GMOs, and letting chemical giants like Monsanto and Dow keep data on the risks of their pesticides secret for 10 years. NAFTA-2 is designed for agribusiness, not family farmers and consumers.

NAFTA-2 increases the cost of pharmaceutical drugs through intellectual property protections that go “significantly beyond” NAFTA. Trump’s NAFTA-2 gives pharmaceutical companies a minimum 10 years of market exclusivity for biologic drugs and protects US-based drug companies from generic competition, driving up the price of medicine at home and abroad.

All the ingredients that led to a mass movement of movements that stopped the Trans-Pacific Partnership  exist to stop NAFTA-2. Citizens Trade Campaign sent a letter signed by 1,043 organizations to Congress outlining civil society’s shared criteria for a NAFTA replacement. The requirements outlined in this letter have not been met.

Just as it became impossible across the political spectrum to support the TPP, we can make it impossible to support NAFTA-2. Democrats are signaling NAFTA-2 is not going to pass in its present form. After Robert Lighthizer met with Democratic Leader Nancy Pelosi last week, she described NAFTA-2 as “just a list without real enforcement of the labor and environmental protections,” that would be unlikely to pass in its present form. We can stop NAFTA-2.

No Ne NAFTA protest, Fair Deal or No Deal from Green Watch

Defeat of NAFTA-2 Creates the Opportunity to Transform Trade

The defeat of NAFTA-2 will show that corporate trade will no longer be approved by Congress.  Trade must be transformed to uplift workers, reduce inequality, confront climate change and improve the quality of our food and healthcare. The defeat NAFTA-2 opens the space to make transforming trade a major issue in the 2020 presidential campaigns.

President Trump has signaled that he will withdraw from NAFTA to pressure Congress to ratify NAFTA-2. Trump’s threat to withdraw from NAFTA should not be feared but embraced. It will create an opportunity for trade transformation.

A smart presidential campaign will use the defeat of NAFTA-2 as an opportunity to begin a new era of trade transformed for the public good, serving the many, not the few. Politicians running for president in 2020 can put forward a vision of trade that the people will support.

Already, Senator Elizabeth Warren (MA) has taken initial steps in this direction. In a speech to American University, Warren said she opposed Trump’s NAFTA-2 agreement, challenged the bipartisan embrace of “free” trade, and called for starting “our defense of democracy by fixing” corporate trade. In discussing trade she said, “Wow. Did Washington get that one wrong.”  She described trade as delivering “one punch in the gut after another to workers…” She urged, “We need a new approach to trade, and it should begin with a simple principle: our policies should not prioritize corporate profits over American paychecks.” This is a start, if she adds the environment, climate change, healthcare, food safety, sovereignty and Internet freedom, she will put forward a vision of smart trade that will bring millions to support her.

Warren is not alone, Senator Sherrod Brown (OH), who easily won re-election in Ohio and is considering a presidential run, has been a longtime advocate for trade that lifts up workers and challenged agreements that failed to do so. Brown sent a letter to the president eight days after the 2016 election urging Trump to keep his trade promises. Brown voted against NAFTA in one of his first acts as a member of Congress in 1993 and wrote a book entitled “Myths of Free Trade: Why American Trade Policy Has Failed.”

Transforming trade, by rejecting corporate trade, creates an opportunity for candidates to turn a negative issue into a positive one. The movement needs to demand candidates put forward a new vision for 21st century trade.

Source Bilaterals.org

A Vision for Trade for People and Planet

We must put forward the vision for trade we want to see as part of the campaign to stop NAFTA-2. Trade in the 21st entury needs to confront multiple crisis issues made worse by trade designed for corporate wealth. Transformed trade needs to focus on the public interest.

Pubic interest includes shrinking inequality within the United States and between nations. It means workers having a livable wage, encouraging worker-ownership of businesses so they grow their wealth not just their incomes. Trade should strengthen the rights of workers to organize, create unions and adhere to International Labor Organization standards.

Trade should aid in preventing transnational corporations and wealthy individuals from avoiding taxes. Trade should end tax havens and require transparency, end banking abroad or locating corporate charters offshore to ensure wealthy individuals and corporations pay their taxes. Countries can negotiate a global tax collected to solve global problems like poverty, homelessness, lack of healthcare and environmental degradation.

There are numerous environmental crises that trade needs to address. Three reports, the dire October 2018 IPCC report, warning we have 12 years to transform the energy economy to prevent climate catastrophe, the November 23, 2018 4th National Climate Assessment, which warned of the serious impacts of the climate crisis and the Global Carbon Project which reported carbon emissions are at record highs, show climate change must be central to trade policies.

International trade needs to be re-formulated to protect the labor, human rights, economy, environment and domestic industry of partner and recipient nations so local industry and agriculture has the advantage over foreign corporate domination. Trade needs to guarantee people their right to public ownership and control of their own resources. Trade agreements must protect the rights of nations to establish stricter standards for health, safety, human rights and environmental protections.

Take action now to stop NAFTA-2.

Climate Crisis Made Worse By Presidential Mis-Leadership Throughout This Century

Barack Obama, speaking to the Baker Institute, made sure the audience of wealthy Texans, many in the oil business, gave him credit for making the United States a world leader for oil and gas production. He said, “American energy production . . .went up every year I was president. And . . . suddenly America’s like the biggest oil producer, that was me, people,” eliciting cheers.

Throughout this century, even though the climate science was clear, presidential leadership has escalated the dependence on oil and gas, built infrastructure for pipelines and compressor stations, encouraged fracking in the US and around the world and prevented a global response to reducing carbon gas emissions.

This dereliction of consistent misleadership has put the planet on a dangerous path of climate crisis. In a just world, the political and corporate leadership of the United States would be held accountable. As it is, leadership for confronting the climate crisis must come from the people, not from political leaders.

Obama’s Sordid History of Undermining the Climate

Obama’s legacy confuses some people because, unlike President Trump, he did not deny climate change and, unlike President Bush, he did not come from the oil industry. But in reality, Obama watered down global climate agreements and grew oil and gas output and infrastructure in the United States.

As a newly elected president, Obama came to the Copenhagen climate summit in 2009 with the goal of weakening the agreement so there would be no internationally enforced reductions of climate gases. Ban Ki-moon, the UN general secretary, warned leaders that they held in their hands “the future of this entire humanity.”

NSA documents leaked by Edward Snowden showed that the US monitored communications between countries before the summit, and planned to spy on the negotiations during the conference. The NSA knew of China’s efforts to line up its negotiating position with India. Chinese negotiators entered the talks willing to undertake mandatory emissions cuts, but needed other major countries in the the developing world to agree. The US developed a strategy to stop China, indeed to make them the villain.

As the Copenhagen meeting was progressing, Obama, who had already “won” a Nobel Peace prize and was a political star as the first black president, flew to the meeting with Secretary of State Clinton. Obama and Clinton crashed a meeting of Chinese, Indian, South African and Brazilian leaders who were trying to agree on enforceable standards. The US made sure their agreement would not threaten US oil interests.

As a result of Obama’s intervention, the accord set no target for concluding a binding international treaty, leaving the implementation of its provisions uncertain and fueling criticism that it was more of a sham than a breakthrough. US intervention stopped a collective agreement among nations to reduce greenhouse gas emissions by 50 percent by 2050, which was included in earlier drafts. Obama also successfully prevented adequate US funding for climate justice policies for poorer countries and scuttled the UN Framework Convention on Climate Change agreed on in 1992.

Obama undermined the UN climate process and became known as “the man who killed Copenhagen,” said Greenpeace US head Phil Radford.

Bill McKibbon said:

The president has wrecked the UN and he’s wrecked the possibility of a tough plan to control global warming. It may get Obama a reputation as a tough American leader, but it’s at the expense of everything progressives have held dear.

At the time, the UN’s Intergovernmental Panel on Climate Change (IPCC) warned that world emissions need to peak by 2015 to give any chance of avoiding a 2ºC rise.

Obama declared a phony negotiating victory for the climate in Copenhagen and went on to make sure the Paris Accords also contained no enforceable standards, making it an inadequate treaty for the climate crisis. Climate scientist James Hansen called the Paris agreement a “fraud” of “worthless words.”

Domestically, after running against “drill baby drill” Republicans, Obama governed in the era where fracking became widespread, off-shore drilling increased and massive oil and gas infrastructure were put in place. In 2012, Obama said, “We’ve opened up new areas for exploration. We’ve quadrupled the number of operating rigs to a record high. We’ve added enough new oil and gas pipeline to circle the Earth and then some.” Obama fast-tracked the approval process for oil and gas infrastructure at a time when scientists were saying we should build no more carbon-polluting infrastructure. While he delayed portions of the high profile Trans-Canada pipeline, his administration approved the equivalent of ten Keystone pipelines.

Under Obama, while there was a decline of 37% in coal production, gas production vastly increased by 34% due to fracking. Obama presided over the highest gas production in history and crude oil production rose by 88%, the fastest rate in the 150-year history of the U.S. oil industry. On the positive side, his tenure was also timed with big increases in solar and wind energy. Obama also deserves credit for putting in place fuel economy and emissions standards for cars.

Obama’s bragging about increasing US oil and gas production at the Baker Institute came shortly after the dire October IPCC report, which warned the world has 12 years to put in place a radical transformation of the energy economy to prevent climate catastrophe, and the November 23rd release of the 4th National Climate Assessment, which warned of the serious impacts of the climate crisis in the United States. In this environment, Obama took credit for this crisis situation that will kill hundreds of thousands, cause mass migration and trillions of dollars in damage.

From Pinterest

Bush-Cheney Climate Deniers Of The Oil Industry

Despite the above, Obama’s presidency looks good in comparison to the George W. Bush administration, which denied climate science. and was marinated in oil with deep oil connections. Climate scientists were kept out of meetings to develop energy policy while the oil and gas industry worked closely with the administration.

President Bush was in the oil industry for more than two decades and came from an oil family. His investors included the bin Laden family and other members of Saudi Arabia’s oil-wealthy elite. Bush called the Saudi ambassador, Bandar bin Sultan Al Saud, “Bandar Bush” because he was so close to the Bush family.

Vice President Cheney was CEO of Halliburton, one of the world’s largest providers of products and services to the oil industry. Cheney developed energy policy in secret meetings with the oil industry. He fought to the Supreme Court to keep information about those meetings secret from the public.

National Security Adviser Condoleeza Rice was a director of Chevron and Secretary of Commerce Don Evans was head of an independent oil company in Colorado. Former Enron CEO Kenneth Lay was George W. Bush’s most generous campaign contributor. Bush received more campaign contributions from oil companies than any other administration in history.

The Bush administration ignored climate change for eight years, wasting precious time. Bush invaded and occupied Iraq in what was a disastrous war for oil domination. In 2008, President Bush’s last year in office, the US produced 1.06 billion metric tons of coal — an all-time high.

From Change.org

Trump Takes Climate Denialism and Climate Destruction To New Levels

As bad as previous presidents have been, President Trump’s climate denial policies have reached a new low for presidential misleadership.

When the recent National Climate Assessment revealed that global warming is causing ongoing and lasting economic damage, President Trump denied the findings of the 13 federal agencies who wrote it. Trump said, “I don’t believe it,” while noting he has “very high levels of intelligence,” and had his political appointees and press secretary attack the report.

Trump appointed the former CEO of Exxon Mobil Corp., Rex Tillerson, as Secretary of State and appointed other industry supporters; e.g., Rick Perry at the Department of Energy, Interior Secretary Ryan Zinke and EPA administrator Scott Pruitt, now replaced by industry lobbyist Andrew Wheeler. Trumps’s policy is “Energy dominance,” the expansion of coal and oil production as well as the weakening of environmental regulations, including those that address climate change.

Trump pulled out of the climate agreement, boosted oil and gas drilling on public lands, opened sensitive areas to oil drilling, leased nearly 80 million acres of federal waters off the Gulf of Mexico for drilling, repealed Obama’s fuel economy and emissions standards for cars and repealed rules, saving polluting industries billions of dollars in regulatory costs.

From People’s Climate March,in April 2017 from Orlando Rising.

Climate Justice From the Bottom Up

The science on climate has been known since 1990 when the first international agreements to combat climate change were negotiated. Since then, the science has only become stronger. We must not produce any more gas-fueled cars or build any new power plants or buildings of any kind unless they are replacing old ones or are carbon-neutral. When we build a factory, power plant, house, automobile or anything else that uses energy, we are committing to using energy through that structure for up to 40 years, depending on its lifespan.

This century has shown that facing up to the challenges of climate change will not come from the top of the US political system, which is polluted by the oil and gas industry as well as investors who profit from carbon pollution. Change is going to come from the bottom up.

Recently, we have seen how activity from below can impact political reality. The Green New Deal, developed in 2007 by Green Party activists, is now being taken on by Democrats. Establishment Democrats and Republicans will fight it, but it is making its way onto the agenda and will become reality if people keep mobilizing for it.

The Extinction Rebellion, started in the United Kingdom, is growing around the world. And there is now a call to build towards a general strike in September with actions throughout the year, beginning on January 15. Follow #EarthStrike.

Governments’ Failures On Climate Spur New Actions

We are currently traveling in the United Kingdom, following our participation in the No US NATO Bases conference in Dublin, Ireland and delivery of a letter to the International Criminal Court in The Hague calling for a full investigation of Israel’s war crimes. We spent the past few days meeting with activists and visiting some friends and family.

A major concern in the UK is Brexit. Everyone is talking about it. There is great fear that if Brexit goes through, it will harm the UK. Repeatedly, people told us they feared violence by Brexiters if there was another vote and the Remainers won. News reports indicate there are plans for the UK military to be on the streets if chaos breaks out over Brexit. Today, the EU’s Council agreed with Prime Minister May’s proposed Brexit agreement, but now it appears that the agreement is unlikely to pass the UK Parliament.

We also heard quite a bit about the National Health System which has been under attack by privatizers for years. Due to cuts and changes, they are already starting to experience some of the problems that are rampant in the US such as denials of care. People are seeing some of the worst aspects of the US healthcare crisis exported to the UK and do not want to see further starvation and privatization of their system.

On a positive note, the public transportation system in the UK is excellent and used heavily and there are cooperatives of all sorts. The cooperative movement has a long and strong history in the UK, starting prior to 1800 and really taking off when the Rochdale Principles were created in 1844.

Kevin J. Frost // ShutterStock

Action on climate change

There is a lot of enthusiasm for the new climate change effort in the UK, the Extinction Rebellion. Launched on October 31, the Extinction Rebellion calls for mass nonviolent, disruptive actions targeting the government for its failure to take appropriate action to address the climate crisis. On November 17, there were actions across the UK. Thousands of protesters shut down five major bridges in London.

There were also solidarity actions in other countries. 50,000 people marched in Montreal, Quebec to tell their government it needs to take stronger action. March organizers said that the lack of discussion of climate change in the elections is one element that is galvanizing people to take action.

Organizers in the UK hope the campaign goes worldwide. We interviewed Marijn Van de Geer who works with the Extinction Rebellion in London on Clearing the FOG. Van de Geer explained that while there is resistance to many fossil fuel projects in the UK, the Extinction Rebellion provides a way for the many campaigns to unite against a common target, the government, and still engage in their individual activities.

People opposed to the Potomac Pipeline and the Rockwool factory it would supply with gas gather to deliver petitions to the National Park Service./Photo courtesy of CCAN

Impossible to avoid the reality of climate change

There are strong campaigns in the US trying to stop fossil fuel projects. Activists with Rainforest Action Network are bird dogging JP Morgan Chase CEO Jamie Dimon because of his bank’s investment in fossil fuel projects. This week, they disrupted his speech at Axios and delivered a copy of the latest Intergovernmental Panel on Climate Change  (IPCC) report to him.

Pipeline protests continue. Activists working to stop the Atlantic Coast Pipeline had another success this week. The US Army Corps of Engineers has suspended permits that would allow the pipeline to cross bodies of water. Activists in West Virginia and Maryland are pressuring the National Park Service to deny permits for TransCanada to build a pipeline under the Potomac River in a fragile area. And Enbridge Line 3 opponents have vowed to continue their resistance.

On Friday, Volume II of the Fourth National Climate Assessment was released by the Trump administration. Mandated by Congress and authored by officials from thirteen federal agencies, the report, though conservative, admits that climate change is happening rapidly, that human activity contributes to it, that the impacts are significant and that more needs to be done.

Of course, these are the same findings of the Third National Climate Assessment released in 2014, yet the United States government has not taken appropriate action to address the crisis and climate change was absent as a major topic in the most recent election. Perhaps it is time to organize an Extinction Rebellion in the United States.

The Democrats are already positioning themselves to give the appearance of doing something about the climate crisis. The newly-elected Alexandria Ocasio-Cortes has stated her intention to introduce a “Green New Deal,” an idea championed by the Green Party for over a decade. Will Morrow raises valid concerns that the Democratic Party Green New Deal will be more fluff than substance.

Mark Dixon/flickr/cc

Solving the climate crisis goes deeper than shifting to renewable energy

We don’t have time for the usual partial solutions offered by Democrats. The climate crisis is intimately related to racism, colonialism, capitalism, militarism and imperialism. It can’t be solved in isolation. It will take an organized movement of movements to mitigate and adapt to climate change in a way that causes the least harm.

In “Confronting Carbon Capitalists,” the Seattle IWW explain that privileged liberals are coming to understand what colonized people have known for a long time, that capitalism is at the root of climate change. They write, “labor and ecological exploitation has remained vast and systemic… and the story is always the same: colonize a population, use violence to break them from their land and means of subsistence, extract fossil capital, then move on and leave the decimated landscape to the locals.” They call for solidarity with the Indigenous and colonized people.

Manuel Garcia, Jr., writes that US imperialism will prevent the US from adequately tackling climate change. He explains, “American political power is based on fossil fuels, and the US military is the engine that consumes those fuels to produce that power.” In order to address climate change, there will have to be a massive shift in political ideology and power.

There are opportunities to move toward making the necessary changes. In California, the energy corporation PG&E has been found responsible for three major fires, including the most recent one in which 85 people died and hundreds are still missing. As a result, PG&E is on the verge of bankruptcy. This provides an opportunity for the state to make PG&E a public entity. Johanna Bozuwa describes what that would look like and how it would enable the state to act more quickly to move to renewable energy.

New economic models are also being developed. Through the Learning/Action Lab for Community Wealth Building, Native communities are creating new institutions that are centered in decolonization. Read more about a Lakota community’s efforts.

As with all of our efforts at transformational change, we need to connect our struggles, share a common set of principles and work together strategically to effect change. It is a process of both resistance to harmful policies and practices and creation of positive alternatives based on our values that will lead to success. There is something for everyone to do.

Global Campaign Calls For Closure Of US/NATO Foreign Bases To End Western Imperialism

Rally at No US-NATO Bases Conference in Dublin, Ireland on November 16, 2018. Photo from Margaret Kimberly Facebook page.

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Press Communique of the First International Conference Against US/NATO Foreign Military Bases

The first International Conference against US/NATO Military Bases was held on November 16-18, at the Liberty Hall in Dublin, Ireland. The conference was attended by close to 300 participants from over thirty-five countries from around the world. Speakers representing countries from all continents, including Cuba, Argentina, Brazil, Colombia, United States, Italy, Germany, Portugal, Greece, Cyprus, Turkey, Poland, United Kingdom, Ireland, Czech Republic, Israel, Palestine, Kenya, D. R. Congo, Japan and Australia, made presentations at the conference.

This conference was the first organized effort by the newly formed Global campaign against US/NATO Military Bases, created by over 35 peace, justice and environmental organizations and endorsed by over 700 other organizations and activists from around the world. What brought all of us together in this International Conference was our agreement with the principles outlined in the Global Campaign’s Unity Statement, which was endorsed by the Conference participants.

The participants in the Conference heard from and shared with representatives of organizations and movements struggling for the abolition of foreign military bases from around the world about the aggressions, interventions, death, destruction, and the health and environmental damages that the military bases have been causing for the whole humanity along with the threats and violation to the sovereignty of the “host” countries.

The participants and organizers of the conference agreed as a matter of principle that while they oppose all foreign military bases, they consider the close to 1,000 US/NATO military bases established throughout the world, which constitute the main pillars of global imperialist domination by US, NATO and EU states, as the main threat to peace and humanity, and must all be closed. The NATO states’ military bases are the military expression of imperialist intervention in the lives of sovereign countries on behalf of the dominant, financial, political, and military interests, for the control of energy resources, transport roads, markets and spheres of influence, in clear violation of international law and the United Nations Charter.

The participants in the Conference call upon the organizations and movements who agree on the above to work closely with each other in a coordinated manner as a part of the Global Campaign to organize and mobilize the public around the world against US/NATO military bases.

While we call for the closure of all US/NATO military bases, we consider the closure of bases and military installations in certain countries and areas as needing special attention by the international movement. These, for example, include the Guantanamo US base in Cuba, the US bases in Okinawa and South Korea, the US Base in Rammstein/Germany, Serbia, the old and new US/NATO bases in Greece and Cyprus, the establishment of the new US African Command (AFRICOM) with its affiliated military bases in Africa, the numerous NATO bases in Italy and Scandinavia, the Shannon airport in Ireland, which is being used as a military base by US and NATO, and the newly established bases by the United States, France and their allies on and around the Syrian soil.

In order to continue our joint Global Campaign in solidarity with the just causes of the peoples in their struggle against foreign military aggression, occupation and interference in their internal affairs, and the devastating environmental and health impacts of these bases the participants agreed to recommend and to support coordinated actions and initiatives in the coming year (2019) which shall strengthen the global movement to expand the actions and cooperation while moving forward.

As a step toward this goal, the conference supports the global mass mobilizations against NATO’s 70th anniversary Summit in Washington DC, on April 4, 2919 and respective protests in the NATO member states and worldwide.

We declare our solidarity with the Cuban people’s decades-long efforts to take back their Guantanamo territory, illegally occupied by the United States, and declare our support for the Sixth International Seminar for Peace and the Abolition of Foreign Military Bases, organized by MOVPAZ for May 4-6, 2019, in Guantanamo, Cuba.

The participants express their most sincere thanks and gratitude to the Peace and Neutrality Alliance (PANA) Ireland, for their generous hospitality and support in hosting this historic Conference.

Adopted by the participants at the 
First International Conference Against US/NA TO Military Bases 
November 18, 2018 
Dublin, Ireland

Green Party Urges International Criminal Court To Prosecute Israel For Crimes Against Palestinians

Above: Delegation at the International Criminal Court in the Hague, Netherlands on November 19, 2018. From left to right Margaret Flowers, Green Party co-chair, member of the Green Party Peace Action Committee and Green Party of Maryland, Miko Peled, Green Party US member, Dirk Adriaensens of the BRussells Tribunal, Diane Moxley of Green Party International Committee and Green Party of New Jersey, Stephen Verchinski of the Green Party International Committee and Green Party of New Mexico, Marie Spike, of the Green Party International Committee and Green Party of Michigan and Kevin Zeese of the Green Party Peace Action Committee and Green Party of Maryland

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United States Green Party Representatives Deliver Call for Full Investigation of Israel’s War Crimes Against Palestinians to International Criminal Court

The Hague, The Netherlands (Monday, November 19, 2018) — Members of the Green Party United States traveled to the International Criminal Court (ICC) on Monday, November 19, 2018 to deliver a letter calling for a full investigation of Israel for war crimes it has committed against the Palestinians. [Read the text here.]

In addition to being endorsed by the Green Party U.S., the letter was signed by over 1,000 organizations, including Popular Resistance, and individuals from the United States who want prosecutors at the ICC and the world to know that there is a political party along with people in the US who support holding nations accountable to international law. The Green Party recognizes that the United States is complicit in Israel’s crimes by providing financial support, selling weapons and providing political cover to Israel.

The letter states:

For 70 years [Palestinians] have: suffered the most appalling living conditions imposed upon them by the military occupation and apartheid rule; peacefully resisted the unabated illegal settlements upon their land (at least 80% has been seized since the Nakba); withstood the blockade of Gaza and survived genocidal assaults. Since 1947 the Palestinians have steadfastly and peacefully fought for their safety, dignity, freedoms and Right of Return proclaimed by the UN General Assembly Resolution 194 passed in 1948. The Right of Return, to include damages and compensation, was deemed their inalienable right in Resolution 3236 passed in 1974. [footnotes omitted.]

Green Party co-chair, Margaret Flowers and Miko Peled, a member of the Green Party U.S., a dual Israeli and American citizen and author of The General’s Son: Journey of an Israeli in Palestine and other books, met with a representative of the ICC Office of the Prosecutor to deliver a copy of the signed letter. The letter will be entered into the body of evidence being collected as part of a preliminary investigation to determine whether a full investigation will be conducted.

A delegation of Green Party U.S. members, many of whom are on the Green Party U.S. Peace Action and International Committees, made video statements outside the ICC after the letter was delivered.

The delegation included Kevin Zeese, Diane Moxley, Marie Spike, who authored the original draft of the letter, and Stephen Verchinski. The delegation was joined by Dirk Adriaensens of the BRussells Tribunal, which conducted a tribunal on Palestine.

Miko Peled stated:

It was an honor to be part of the GPUS delegation to the ICC, to add our voice to the growing demand to investigate Israel for war crimes. Only when people of the world speak up will the Israeli perpetrators of war crimes and crimes against humanity be brought to justice.

Members of the delegation understand they have a responsibility to act and to educate others in the United States about the truth of the violent Israeli occupation of Palestine and apartheid state. It is by countering the myths put out by the media and U.S. lawmakers, due to the significant Israeli influence over them, and showing solidarity with Palestinians that the tide will shift toward justice for people living in the Occupied Palestinian Territory (OPT) and the millions of refugees who have been forced to flee.

While the Green Party worked on the issue for months, on the same day that the Green Party National Committee voted to endorse the letter, John Bolton said the United States would not cooperate with war crime investigations and called for sanctions against ICC judges if they proceed with an investigation of the United States or Israel.

Prior to visiting the ICC, members of the delegation met with Nils Mollema of Al Haq, an organization founded by Palestinian lawyers to address Israel’s occupation and apartheid. Members of the Green Party of The Netherlands (De Groenen) including Otto ter Haar as well as members of the Green Left Party (Groen Links) participated in that meeting.

The Anti-War Autumn Is Here

Last weekend, we participated in the Women’s March on the Pentagon, a successful action designed to build on the women-led movement against militarism and imperialism. Cindy Sheehan, who called for the march, stated explicitly that this was not a get out the vote event, as the last Women’s March was, and condemned both major parties for their support of war and militarism. She explained that war is a women’s issue because of the rape, violence, displacement and murder of women in countries that are occupied by military forces.

We have been referring to this fall as the Antiwar Autumn as there have been and will be many activities opposing war. This is a critical time to rebuild the peace movement because US foreign policy is headed in a dangerous direction by antagonizing the great powers, Russia and China, as well as continuing military and economic war in the Middle East and Latin America and increased military presence in Africa and Asia. At some point the US and its allies may cross the line and incite a nuclear or world war. We must work to prevent that and guide the US toward a foreign policy grounded in respect for international law and the self-determination of peoples and nations.

Largest NATO Military Exercise Since End of Cold War Begins

As relations between the United States and Russia further deteriorate, the US and allies from 28 other countries begin a month-long military exercise near the Russian border, “Trident Juncture.” Billed as a test of NATO countries’ ability to respond rapidly, this exercise includes troops from Finland and Sweden, which are not NATO members. It is the largest mobilization of NATO troops since the end of the Cold War.

The location of the exercise is designed to send a message to both Russia and China. NATO Naval ships will enter the Baltic Sea, where Russian military planes fly, and be placed off the coast of Norway where they could cut off the transportation of goods between Russia and China and the European Union though the Arctic, called the Northern Passage.

Further antagonism of Russia exists in the push to expand NATO to include Ukraine and Georgia, which are both on the Russian border. The US is already conducting joint military exercises with the Ukrainian military and has stated support for adding Ukraine and Georgia to NATO despite concerns raised by NATO members France and Germany that this would be too provocative and might trigger a response from Russia. The US expanded NATO to Colombia, which borders Venezuela.

The new book, “The Russians are Coming Again,” chronicles the long history of US antagonism toward Russia. In his review of the book, Ron Ridenour points out that Russia has more to fear from the US than the US does from Russia and that historical amnesia results in successful demonization of Russia in the media. The authors write:

Russia helps to reaffirm US national identity and visions of exceptionalism and righteousness at a time of escalating domestic crises, and helps rationalize the expansion of NATO and maintenance of huge military budgets. The result is that we are again threatened with the outbreak of a Third World War, with the United States again bearing considerable responsibility.

Sarah Lazare points out the dangerous “Russiagate” rhetoric of the Democrats that is being used to justify their support for massive increases in military spending. Funds are included in the new budget to bolster militarization in countries along the Russian border and for more nuclear weapons. Trump’s support for withdrawal from the intermediate-range nuclear treaty with Russia could spark a new nuclear arms race.

Anniversary of AFRICOM and the Murder of Gaddafi

October marks the tenth anniversary of AFRICOM (the US Africa Command) and the seventh anniversary of the murder of Libyan president Muammar Gaddafi. These are both manifestations of US imperialism. African countries are rich in resources that the United States seeks to control and to prevent China from having access to them.

Netfa Freeman, of Black Alliance for Peace, calls AFRICOM the modern colonization of Africa. Countries that sign military agreements with the US give up sovereignty over their land where the bases are located. Freeman also explains that AFRICOM exists to prevent the existence of “any independent African influence or force,” which is why Gaddafi was killed and why the US supported coups in Mali and Burkina Faso in recent years.

Black Alliance for Peace has a petition calling on the Congressional Black Caucus to investigate AFRICOM and for the closure of US bases in Africa. CLICK HERE TO SIGN IT.

We interviewed Ajamu Baraka, the national organizer for Black Alliance for Peace, about AFRICOM and why it is critical to understand and oppose US imperialism if we are to achieve peace on the Clearing the FOG podcast this week.

Protest the War Machine

There were multiple protests against militarism this week. In addition to the Women’s March on the Pentagon, seven people were arrested protesting the drone program at Creech Air Force Base in Nevada. The Stop Banking the Bomb campaign had actions outside PNC banks in three cities to call attention to the hundreds of millions of dollars they provide in loans for corporations that make weapons. And, hundreds of students protested Henry Kissinger’s speaking event at New York University.

There are upcoming opportunities to protest and to build the anti-war, anti-imperialist movement.

November 3 – Black is Back is holding a march to the White House to protest wars in Africa.

November 9 – 11Full weekend of events in Washington, DC and Philadelphia. The coalition that opposed the military parade is organizing a full weekend of events including veterans occupying the VA, concerts in McPherson Square, a Peace Congress to End US Wars at Home and Abroad, a veteran and military family-led march to reclaim Armistice Day and a vigil in Philadelphia where Joe Biden will give former president Bush an award.

November 16 to 18SOA Watch Border Encuentro in Nogales, Arizona/Sonora.

November 16 to 18No US NATO Bases conference in Dublin, Ireland.

November 17 – “Two Minutes to Midnight” – Conference to prevent nuclear war in Maryland.

We will participate in the No US NATO Bases conference in Ireland. Popular Resistance is a member of the No US Foreign Military Bases coalition. After that, we will head to the Netherlands to deliver a letter to the International Criminal Court calling for a full investigation of Israeli war crimes. Please sign the letter as an individual or organization. CLICK HERE TO SIGN.

On April 4, 2019, NATO will hold its 70th anniversary meeting in Washington, DC. Organizations are starting now to call for and plan actions. Here are calls to protest NATO by the United National Antiwar Coalition (UNAC) and World Beyond War, which Popular Resistance has endorsed. We will keep you updated as plans unfold.

The anti-war movement is growing at a critical time. We can reverse this path towards war and build a peace economy and a peace culture. To do that, we must recognize the many connections between militarization at home and abroad and myriad aspects of our lives from oppression of Indigenous Peoples to police violence to militarization of children to climate change and ecological destruction to capitalism, colonization and austerity. We are committed to building a movement of movements to create transformative change.

Act Now To Protect Our Right To Protest

The radical attack on our constitutional right to protest in Washington, DC needs to be stopped. The National Park Service (NPS) has published proposed rules that would curtail First Amendment rights to assemble, petition the government and exercise free speech in the nation’s capital. Together, we can stop this proposal from going forward.

Popular Resistance submitted comments to the National Park Service and is working in coalition with numerous organizations in Washington, DC to protect our constitutional rights. We will be joining with other organizations in submitting coalition comments. We need everyone to participate, submit a comment this weekend, the deadline is Monday.

Tell the NPS why protest in Washington, DC is important, your experience with protest and why these new restrictions will make it difficult to exercise your constitutional rights. Your comment will be the evidence courts will consider in reviewing these proposed rules.

Submit your comment here. The deadline is Monday, October 15th. More specifics are provided below. Please act today. 

This is part of the effort to curtail dissent in the United States

The proposal would result in people being charged fees if they hold a protest. That means in order to exercise your constitutional right, the government can charge you for the police barricades, the Park Service police time and even their overtime. And, if you hold a concert with your protest where people make speeches, play music or use spoken word, you can be charged for that exercise of Free Speech as well.

While the “pay to play” rules have gotten some attention in the media, that is just the beginning of the restrictions. The area around the White House would basically be off-limits as they would close the walkway and sidewalk in front of it. This area that was used by suffragists to appeal to President Wilson for the right to vote would no longer be available. There are hundreds of protests every year around the White House as this iconic spot has been used for protests on civil rights, opposition to war, protection of the environment, urging climate justice, for economic fairness and so much more. It is used to get the attention of the president to use the presidential power to pardon, as we did in the campaign for Chelsea Manning directed at President Obama.

In this time of immediate news coverage and the ability to use social media for breaking news as it happens, NPS proposed restricting “spontaneous demonstrations.” Rather than the current rule, which presumes a permit is granted if it is not denied within 24 hours, the NPS would now put such requests in limbo and have until the last minute to deny the permit. And even if a permit is granted, the proposed rules would allow a permit to be revoked for any infraction of the permit.

Under international law, no authorization should be required to assemble peacefully, and a system of prior notification should only be intended to allow authorities to facilitate protests and peaceful assemblies. This standard would be a standard consistent with the US Constitution which forbids the abridgment of the rights to assemble, petition the government and to speak freely. The permit process already violates international law, making it more restrictive moves the United States further into the territory of a rogue nation that ignores the law even though it ratified the International Covenant on Civil and Political Rights in 1992.

The proposed rules would also limit the size of signs and banners in many parts of the city and asks whether more parks should be labeled as parks that do not allow protest. And, in response to the Occupy protests, the NPS would limit vigils and encampments to one month — letting the people in power know that long-term protests are only a short-term threat.

Read the twelve ways that the proposed protest rules would restrict our constitutional right to protest in our call to action.

Protests are increasing and will continue

Protests have been escalating in the United States since the 2009 economic collapse. That collapse was followed by a wide range of protests at banks and the Federal Reserve as well as in state capitals across the country. That was followed by the sustained multi-month protest of the Occupy encampments in hundreds of cities across the country. Out of police violence and killings of black people came the Black Lives Matter movement, and out of the poverty wages of low wage workers came Our Walmart and Fight for $15. As the US moved to become the largest oil and gas producing nation in the world — at a time when climate change science said we should build no oil and gas infrastructure — protests across the country against pipelines, compressor stations, export terminals and other infrastructure grew. This climaxed in the No DAPL protest at Standing Rock, and continues to build.

There has been a dramatic increase in protests since President Trump was elected president. In the last year, one-fifth of people in the United States say they have participated in a protest, rally or other First Amendment event. A recent poll found, “One in five Americans have protested in the streets or participated in political rallies since the beginning of 2016. Of those, 19 percent said they had never before joined a march or a political gathering.”

This is a time to be protecting constitutional rights, not curtailing them. People understand the government is not listening to them or meeting their needs and are protesting in order to be heard as they face economic insecurity – high debt and low pay.

Efforts to curtail protest are a sign that the movement is having an impact. We are building our power and are getting more organized. We have the power to stop these unconstitutional restrictions on our right to protest.

We urge you to join us in taking action today. Submit a comment explaining why the right to protest matters to you. It can be brief or long or somewhere in between.

Together we can keep building a movement for transformational change. Economic, racial and environmental justice as well as an end to war can be achieved. We are closer than we realize, efforts to stop us are a sign that the power structure is afraid of the people organizing to demand change.

Trump Trade Revealed: Another Rigged Corporate Deal

Since the Clinton era, when the North American Free Trade Agreement (NAFTA) was created, global trade has been written by and for big corporations at the expense of people’s health, worker’s rights and the environment. Trump Trade – through the renegotiation of NAFTA – continues that approach.

In some areas, people might argue the new United States-Mexico-Canada Agreement (USMCA) makes improvements over NAFTA, although many details are still being withheld. From what we do know, overall, it is a step backward for people and planet. And it undermines the US’ relationship with Canada and Mexico, as Geoffrey Getz of the neo-liberal Brooking’s Institution writes, “Trump’s aggressive, threatening approach succeeded in eliciting modest concessions from two of its closest trading partners.”

Trump is claiming a political victory merely by reaching an agreement, but it is not a victory for people or planet, as will be described below. Trump Trade should be rejected. If we are to achieve a new model of trade that protects the environment, workers and democracy, we need to demonstrate that rigged corporate trade will be rejected every time it is brought forward. The time to organize to stop this agreement is now.

Energy and the Environment

Trump withdrew from the Trans Pacific Partnership (TPP) because a mass social movement made it unacceptable and it could not pass in Congress. Some of the provisions in the TPP are included in the USMCA.

Like the TPP, the USMCA contains polluter-friendly non-binding terms on the environment; e.g., the text “recognizes that air pollution is a serious threat to public health,” but includes no single binding rule to reduce air pollution.

The Sierra Club reports the USMCA takes a significant step backward from environmental protections included in the last four trade deals by failing to reinforce a standard set of seven Multilateral Environmental Agreements that protect everything from wetlands to sea turtles. The absence of environmental enforcement continues the failed corporate trade of the Clinton-Obama eras.

Trade agreements could be designed to reduce greenhouse gas emissions, but climate change is not even mentioned in the USMCA. Greenhouse gas emissions will increase. The Sierra Club reports the deal’s lack of binding environmental standards allows corporations to evade US environmental laws by shifting jobs and toxic pollution to Mexico where environmental policies are weaker. It reinforces the US’ status as the world’s largest outsourcer of climate pollution.

Some keys to preventing greenhouse gas emissions are ‘Buy American’ and ‘Buy Local’ laws that provide incentives for locally-produced goods. The USMCA negates those laws, requiring that industries based in Canada and Mexico be given equal access to US government contracts.

The USMCA exempts oil and gas corporations that have, or may have, government contracts for offshore drilling, fracking, oil and gas pipelines, refineries, or other polluting activities from reforms to Investor State Dispute Settlement (ISDS) provisions. These intensely polluting corporations would be allowed to challenge environmental protections in rigged corporate trade tribunals.

Trump Trade preserves a NAFTA rule that prevents the US government from determining whether gas exports to Mexico are in the public interest. This creates an automatic gas export guarantee, which will increase fracking, expand cross-border gas pipelines, and increase dependency on Mexican climate-polluting gas.

The USMCA gives corporations extra opportunities to challenge proposed regulations before they are final, and to repeal existing regulations. This makes it harder to put in place environmental regulations or rollback the pro-polluting regulations of the Trump era.

Food and Water Watch summarizes:

The energy provisions will encourage more pipelines and exports of natural gas and oil that would further expand fracking in the United States and Mexico. The text also provides new avenues for polluters to challenge and try and roll back proposed environmental safeguards, cementing Trump’s pro-polluter agenda in the trade deal.

Food and Health

The USMCA undermines food safety and health by making it more difficult to regulate and inspect foods. It limits inspections and allows food that fails to meet US safety standards to be imported. Food and Water Watch states that it requires the US to “accept imports from Mexico with less scrutiny than from other countries. The deal even creates new ways for Canada and Mexico to second-guess US border inspectors that halt suspicious food shipments, which would have a dangerously chilling effect on food safety enforcement.”

USMCA does not require Country Of Origin Labeling (COOL), nor dolphin-safe labeling and makes GMO labeling more difficult. It uses the requirement that food labels reflect ‘sound science’ to prevent accurate labeling.

USMCA serves Monsanto and other giant agro-chemical corporations by allowing unregulated GMOs, rolling back Mexico’s regulation of GMOs, and letting chemical giants like Monsanto and Dow keep data on the safety of their pesticides secret for 10 years. USMCA is designed for agribusiness, not family farmers and consumers.

Like the TPP, the USMCA increases the cost of pharmaceutical drugs through intellectual property protections that go “significantly beyond” NAFTA. USMCA gives pharmaceutical companies at minimum 10 years of market exclusivity for biologic drugs and protects US-based drug companies from generic competition, driving up the price of medicine at home and abroad.

Worker Rights and Jobs

The Labor Advisory Committee on Trade Policy and Trade Negotiations (LAC) explained they do not oppose trade, but, “We oppose a set of rules made largely by and for global corporations that reward greed and irresponsibility at the expense of hardworking families across the globe.” They describe the USMCA as moving backwards from the original NAFTA in many areas important to working families:

including with respect to ‘Good Regulatory Practices’ (code for using this trade agreement to attack important consumer, health, safety, and environmental protections), Financial Services (providing new tools for Wall Street to attack efforts to rein in its continuing abuses), and affordable medicines (extending monopolies for brand name pharmaceuticals at the expense of affordability).

Similar to the environment sections, the labor sections do not provide enforcement mechanisms. Citizen’s Trade Campaign writes:

“There is a ground breaking labor annex that could help eliminate Mexican protection contracts and boost labor rights there — but only if currently absent enforcement mechanisms are added.”

As the Labor Advisory Committee states, “Unenforced rules are not worth the paper they are written on.”

Summarizing the impact of USMCA, Citizen’s Trade Campaign states:

Mexican workers will continue to be horribly exploited, American jobs will continue to be outsourced, the environment will continue to be degraded and the wages for workers in all three NAFTA countries will continue to decline.”

Corporate Trade Tribunals

A major area of concern has been ISDS, trade tribunals where corporations can sue governments if new laws or regulations undermine their profits. ISDS empowers corporations to attack environmental and health laws in trade tribunals made up of three corporate lawyers and receive monetary judgments worth billions from tax dollars. The USMCA reduces but does not eliminate the unjustifiable and indefensible ISDS settlement mechanism, which privileges foreign investors over communities regarding access to justice.

After three years, ISDS would be eliminated with Canada and dramatically scaled back with Mexico with some unacceptable exceptions. After that, US and Canadian investors would use domestic courts or administrative bodies to settle investment disputes with another government. Are there workarounds to this ISDS reform that protect investors; e.g., will domestic courts seize assets within their country to repay investors, as a US court did for a Canadian mining company this year?

Regarding Mexico, the new process is designed to protect oil and gas industry investors from the privatization of Mexico’s oil and gas sector. Global Trade Watch writes, “several additional sectors were added, including railways and infrastructure. . . followed by an open-ended list, which could provide problematic flexibility for investors to argue that their investments qualify.” In other words, what looks like ISDS reform contains a giant loophole for corporations to continue to sue governments.

Under NAFTA, corporations can receive exorbitant awards for “expected lost profits.” Under USMCA, investors can only be compensated for losses that they can prove on the “basis of satisfactory evidence and that is not inherently speculative.” How this is interpreted is up to the courts.

USMCA Continues US Imperialism and Corporatism

Popular movements in Mexico urge the incoming government to reject USMCA in an Open Letter To Andrés Manuel López Obrador And The Legislators Of MORENA. They decry the secret nature of the negotiation and the agreement as an attack on Mexico’s sovereignty. They argue the agreement will “further open up our economy for the sole benefit of the large U.S. transnational corporations, with an even greater subordination of our government to the dictates of U.S. foreign policy and its measures of internal security and migration.”

The letter describes the election of MORENA and Obrador as the people voting “to expel the oligarchy that has governed us, along with their paid servants.” The incoming government was given a clear mandate that includes rejecting corporate trade agreements. To create the transformation promised in the election requires Mexico to have full control of its resources and wealth to ensure the well-being of the population, with full rights and liberties. They see rejection of USMCA as a “first step toward reclaiming our nation.”

They urge incoming President Obrador to see this as part of the “mafia of power” that he ran against. They describe how Trump pressured the weakest negotiator, Mexico, with the right wing Peña Nieto administration, and used that to threaten Canada with exclusion and 25% tariffs if they did not agree.

Roger Jordan writes, the new agreement is an act of corporate imperialism by the United States:

Under the new deal, both Mexico, a country historically oppressed by US imperialism, and Canada, a lesser imperialist power that has long been a key US ally, made significant concessions in the face of US demands that the continental pact be refashioned to make it an even more explicit US-led protectionist trade bloc.

As the US struggles to retain power as a global empire, UMCA shows that “through ‘America First’ economic nationalism and the ruthless assertion of its interests against ostensible allies and rivals alike,” it will do what it must “to prevail in the struggle for markets and profits.”

Just as the TPP was President Obama’s attempt at economic domination of Asia, USMCA is part of President Trump’s economic war against China, which has already included “tariffs on $250 billion worth of Chinese goods.” Jordan explains how USMCA sent a message to China, writing:

It grants the US effective veto power over any attempt by Canada or Mexico to negotiate a free trade pact with a ‘non-market economy,’ a clear reference to China. This includes the right to transform USMCA into a bilateral agreement, excluding the third member if it has ratified such a free trade deal.

Stop Corporate Trade

There is still time to stop USMCA. Leaders are expected to sign the deal on December 1 at the G-20 meeting. Then President Trump has 60 days to report to Congress on changes to US law that are required by the agreement. Within 105 days of the agreement being signed, the US International Trade Commission (ITC) must complete a study of the agreement’s economic impact. Congress will have to pass legislation to implement USMCA.  After Congress receives the final bill from the president, it has 90 days of being in session to act on it under Fast Track rules. It is unlikely that all this can be accomplished before the 2019 legislative session.

Now that we know more about the contents of the new NAFTA, we need to mobilize to stop its ratification and implementation by Congress. If we are to win a new model of trade that raises the bar on protection of workers, the environment and democracy, we must show, as we did with the TPP, that rigged corporate trade will be stopped by a popular movement.

Kavanaugh Is The Wrong Nominee For Our Times

Demonstrators protest outside of Supreme Court after Judge Brett Kavanaugh was chosen by President Trump as his nominee for the high court. From FOX 45 DC twitter.

The Kavanaugh confirmation process has been a missed opportunity for the United States to face up to many urgent issues on which the bi-partisans in Washington, DC are united and wrong.

Kavanaugh’s career as a Republican legal operative and judge supporting the power of corporations, the security state and abusive foreign policy should have been put on trial. The hearings could have provided an opportunity to confront the security state, use of torture, mass spying and the domination of money in politics and oligarchy as he has had an important role in each of these.

Kavanaugh’s behavior as a teenager who likely drank too much and was inappropriately aggressive and abusive with women, perhaps even attempting rape, must also be confronted. In an era where patriarchy and mistreatment of women are being challenged, Kavanaugh is the wrong nominee for this important time. However, sexual assault should not be a distraction that keeps the the public’s focus off other issues raised by his career as a conservative political activist.

A demonstration against the Supreme Court nomination of Judge Brett M. Kavanaugh outside the Capitol this month. Credit Erin Schaff for The New York Times

The Security State, Mass Spying and Torture

A central issue of our era is the US security state — mass spying on emails, Internet activity, texts and phone calls. Judge Kavanaugh enabled invasive spying on everyone in the United States.  He described mass surveillance as “entirely consistent” with the US Constitution. This is a manipulation of the law as the Constitution plainly requires probable cause and a search warrant for the government to search an individual.

Kavanaugh explained in a decision, “In my view, that critical national security need outweighs the impact on privacy occasioned by this [NSA] program.” This low regard for protecting individual privacy should have been enough for a majority of the Senate to say this nominee is inappropriate for the court.

Kavanaugh ruled multiple times that police have the power to search people, emphasizing “reasonableness” as the standard for searching people. He ruled broadly for the police in searches conducted on the street without a warrant. He ruled in favor of broader use of drug testing of federal employees. Kavanaugh applauded Justice Rehnquist’s views on the Fourth Amendment, which favored police searches by defining probable cause in a flexible way and creating a broad exception for when the government has “special needs” to search without a warrant of probable cause. In this era of police abuse through stop and frisk, jump out squads and searches when driving (or walking or running) while black, Kavanaugh is the wrong nominee and should be disqualified.

Kavanaugh also played a role in the Bush torture policy. Torture is against US and international law, certainly facilitating torture should be disqualifying not only as a justice but should result in disbarment as a lawyer. Kavanaugh was appointed by President Trump, who once vowed he would “bring back waterboarding and … a hell of a lot worse than waterboarding.” Minimizing torture is demonstrated in his rulings; e.g., not protecting prisoners at risk of torture and not allowing people to sue the government on allegations of torture.

Torture is a landmine in the Senate, so Kavanaugh misled the Senate, likely committing perjury on torture.  In his 2006 confirmation, he said he was “not involved” in “questions about the rules governing detention of combatants.” Tens of thousands of documents have been kept secret by the White House about Kavanaugh from the Bush era. Even so, during these confirmation hearings documents related to the nomination of a lawyer involved in the torture program showed Kavanaugh’s role in torture policies leading Senator Dick Durbin to write:

It is clear now that not only did Judge Kavanaugh mislead me when it came to his involvement in the Bush Administration’s detention and interrogation policies, but also regarding his role in the controversial Haynes nomination.

Durbin spoke more broadly about perjury writing:

This is a theme that we see emerge with Judge Kavanaugh time and time again – he says one thing under oath, and then the documents tell a different story.  It is no wonder the White House and Senate Republicans are rushing through this nomination and hiding much of Judge Kavanaugh’s record—the questions about this nominee’s credibility are growing every day.

Perjury allegations should be investigated and if proven should result in him not being confirmed.

This should have been enough to stop the process until documents were released to reveal Kavanaugh’s role as Associate White House Counsel under George Bush from 2001 to 2003 and as his White House Staff Secretary from 2003 to 2006. Unfortunately, Democrats have been complicit in allowing torture as well; e.g., the Obama administration never prosecuted anyone accused of torture and advanced the careers of people involved in torture.

Shouldn’t  the risk of having a torture facilitator on the Supreme Court be enough to stop this nomination?

Protesters show there are a lot of reasons to reject Kavanaugh (Photo from NARAL Twitter)

Corporate Power vs Protecting People and the Planet

In this era of corporate power, Kavanaugh sides with the corporations. Ralph Nader describes him as a corporation masquerading as a judge.  He narrowly limited the powers of federal agencies to curtail corporate power and to protect the interests of the people and planet.

This is evident in cases where Kavanaugh has favored reducing restrictions on polluting corporations. He dissented in cases where the majority ruled in favor of environmental protection but has never dissented where the majority ruled against an environmental interest. He ruled against agencies seeking to protect clean air and water. If Kavanaugh is on the court, it will be much harder to hold corporations responsible for the damage they have done to the climate, the environment or health.

Kavanaugh takes the side of businesses over their workers with a long history of anti-union and anti-labor rulings. A few examples of many, he ruled in favor of the Trump Organization throwing out the results of a union election, sided with the management of Sheldon Adelson’s Venetian Casino Resort upholding the casino’s First Amendment right to summon police against workers engaged in a peaceful demonstration — for which they had a permit, affirmed the Department of Defense’s discretion to negate the collective bargaining rights of employees, and overturned an NLRB ruling that allowed Verizon workers to display pro-union signs on company property despite having given up the right to picket in their collective bargaining agreement. In this time of labor unrest and mistreatment of workers, Kavanaugh will be a detriment to workers rights.

Kavanough opposed the Federal Communications Commission (FCC) ruling in favor of net neutrality, which forbids telecom companies from discrimination on the Internet. He argued net neutrality violated the First Amendment rights of Internet Service Providers (ISP) and was beyond the power granted to the FCC. He put the rights of big corporations ahead of the people having a free and open Internet. The idea that an ISP has a right to control what it allows on the Internet could give corporations great control over what people see on the Internet. It is a very dangerous line of reasoning in this era of corporations curtailing news that challenges the mainstream narrative.

In 2016, Kavanaugh was asked if he believed that money spent during campaigns represents speech, and is protected by the First Amendment and answered: “Absolutely.”  Kavanaugh joined in decisions and wrote opinions consistent with efforts to oppose any attempt by Congress or the Federal Elections Commission to restrict campaign contributions or expenditures. His view that free speech allows unrestricted money in elections will add to the avalanche of big money politics. Wealthy elites and big corporations will have even greater influence with Kavanaugh on the court.

Kavanaugh will be friendly to powerful business and the interests of the wealthy on the Supreme Court, and will tend to stand in the way of efforts by administrative agencies to regulate them and by people seeking greater rights.

Kavanaugh protesters call for his rejection over sexual assault call to Believe Survivors (Photo by Carol Kaster Associated Press)

Women’s Rights, Abortion and Sexual Assault

Judge Kavanaugh has not ruled on Roe v. Wade and whether the constitution protects a woman’s right to have an abortion. In 2017, Kavanaugh gave a Constitution Day lecture to the conservative American Enterprise Institute where he praised Justice Rehnquist and one of the cases he focused on was his dissent in Roe. Rehnquist opposed making abortion constitutionally protected, writing, it was not “rooted in the traditions and conscience of our people.”  Shortly after that speech, Kavanaugh wrote a dissent that argued an immigrant minor in government detention did not have a right to obtain an abortion.

On the third day of his confirmation hearings, Judge Brett Kavanaugh seemed to refer to the use of contraception as “abortion-inducing drugs.” It was a discussion of a case where Kavanaugh dissented from the majority involving the Priests for Life’s challenge to the Affordable Care Act (ACA). Kavanaugh opposed the requirement that all health plans cover birth control, claiming that IUDs and emergency contraception were an infringement of their free exercise of religion.

Multiple accusers have come forward to allege Kavanaugh’s involvement in sexual assault and abuse. While Dr. Christine Blasey Ford is viewed as credible — she was the only witness allowed to testify — it is not clear these allegations will be thoroughly reviewed. After being approved by the committee, the Republican leadership and President Trump agreed on a limited FBI investigation. It is unclear whether the FBI will be allowed to follow all the evidence and question all the witnesses. As we write this newsletter, the outcome has yet to unfold. If there is corroborating evidence for the accusers, Kavanaugh should not be approved.

A Republican Political Operative As A Justice?

Kavanaugh has been a legal operative for the Republican Party involved in many high profile partisan legal battles. He spent three years working for Ken Starr on the impeachment of Bill Clinton where he pressed Starr to ask Clinton sexually graphic details about his relationship with Monica Lewinisky. He tried to expand the Starr investigation into the death of Vince Foster, whose death had been ruled a suicide. He was a lead author of the infamous Starr Report—widely criticized as “strain[ing] credulity” and being based on “shaky allegations.”

Kavanaugh was one of George W. Bush’s lawyers in the litigation after the election in 2000, which sought to block a recount of ballots in Florida, resulting in a decision that handed the presidential election to Bush. In the Bush administration, he was involved in pushing for conservative judges as well as controversial policies like torture.

During his confirmation process, in response to the accusations of assault, he claimed they were “a calculated and orchestrated political hit” and “revenge on behalf of the Clinton’s.” He demonstrated partisan anger and displayed a lack of judicial temperament, making him unfit to serve on the Supreme Court.

Kavanaugh exposes the true partisan nature of the highest court, which is not a neutral arbiter but another battleground for partisan politics. The lack of debate on issues of spying, torture and more shows both parties support a court that protects the security state and corporate interests over people and planet. Accusations of sexual assault must be confronted, but there are many reasons Kavanaugh should not be on the court. The confirmation process undermines the court’s legitimacy and highlights bi-partisan corruption.

All Wars Are Illegal, So What Do We Do About It?

Photo by Getty Images

Every war being fought today is illegal. Every action taken to carry out these wars is a war crime.

In 1928, the Kellogg-Briand Pact or Pact of Paris was signed and ratified by the United States and other major nations that renounced war as a way to resolve conflicts, calling instead for peaceful ways of handling disputes.

The Kellogg-Briand Pact was the basis for the Nuremberg Tribunal, in which 24 leaders of the Third Reich were tried and convicted for war crimes, and for the Tokyo Tribunal, in which 28 leaders of the Japanese Empire were tried and convicted for war crimes, following World War II.

Such prosecutions should have prevented further wars, but they have not. David Swanson of World Beyond War argues that a fundamental task of the antiwar movement is to enforce the rule of law. What good are new treaties, he asks, if we can’t uphold the ones that already exist?

Photo by Ellen Davidson

The United States is violating international law, and escalating its aggression

All wars and acts of aggression by the United States since 1928 have violated the Kellogg-Briand Pact and the United Nations Charter since it was signed in 1945. The UN Charter states, in Article 2:

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Yet, the United States has a long history of threatening aggression and using military force to remove governments it opposed and install friendly ones. Illegal attacks by the US since World War II have resulted in 20 million people being killed in 37 nations. For example, as we outline in “North Korea and the United States: Will the Real Aggressor Please Stand Down,” the United States used violence to install Syngman Rhee in power in the 1940’s and subsequently killed millions of Koreans, in both the South and the North, in the Korean War, which has not ended. Under international law, the “war games” practicing to attack North Korea with conventional and nuclear weapons are illegal threats of military action.

The list of interventions by the United States is too long to list here. Basically, the US has been interfering in and attacking other countries almost continuously since its inception. Currently the US is involved directly in wars in Afghanistan, Iraq, Pakistan, Syria, Libya, Yemen and Somalia. The US is threatening Iran and Venezuela with attack.

The United States has 883 military bases in 183 countries and has hundreds of outposts scattered throughout the world. Lynn Petrovich recently examined the new defense budget. With regard to the Pentagon’s 2019 budget report, she writes:

If the planet is our community, America is the bully in the neighborhood.  Reference to the word ‘lethal’ is sprinkled no less than 3 dozen times throughout The Report (‘more lethal force’ p. 2-6, ‘technology innovation for increased lethality’ p.1-1, ‘increasing the lethality of new and existing weapons systems’ p. 3-2).

and

Were it not for The Report’s dire (yet, fully funded) predictions for world domination, one would think this budget request was satire by The Onion.

Included in the new budget are funds to recruit 26,000 more of our youth into the military, purchase ten more “combat ships,” build more F-35s, even though they don’t work, and “modernize” our nuclear weapons. At a time when the United States is losing power in the world and falling behind in wealth, the government voted nearly unanimously to provide $74 billion more than last year to be more aggressive. Imagine what that money could do if it were applied instead to improving public education, transitioning to a clean energy economy and a public works program to restore our failing infrastructure.

The United States empire is falling and blindly taking all of us down with it as it tries to assert its power.

Photo by Margaret Flowers

What to do about it

The peace movement in the United States is being revived and building alliances with peace activists in many countries, and it can’t happen fast enough. There are many opportunities for action this fall, the “Antiwar Autumn.”

The World Beyond War conference, #NoWar2018, just concluded in Toronto. The focus of the conference was legalizing peace. Among the topics discussed was how to use courts to prevent wars, stop the escalation of militarism and investigate war crimes. Professor Daniel Turp of the University of Montreal and his students have sued the Canadian government over participating in extraditing prisoners to Guantanamo, potential intervention in Iraq and providing weapons to Saudi Arabia.

Turp recommends that activists who are considering legal action first look to domestic courts for a remedy. If none exists or domestic action is unsuccessful, then it is possible to turn to international bodies such as the International Criminal Court or the United Nations. Any people or organizations can file a report or complaint with these bodies. Before doing so, it is important to gather as much evidence as possible, first hand accounts are strong but even hearsay can be grounds to trigger an investigation.

Currently, Popular Resistance is supporting an effort to ask the International Criminal Court to launch a full investigation of Israel for its war crimes. People and organizations are invited to sign on to the letter, which will be delivered by a delegation, including us, to the Hague in November.

Click here to read and sign onto the letter (please share it).

Click here to donate towards the delegation to the ICC

William Curtis Edstrom of Nicaragua wrote a letter to the United Nations in advance of Trump’s visit to serve as the chair of the Security Council meeting. He is requesting “hearings, debate and vote on an effective plan of action against various crimes that have been committed by people working for the government of the US that are of significance to the global community.”

This week, Medea Benjamin confronted a Trump administration official, the head of the new “Iran Action Group,” at the Hudson Institute. President Trump is planning to advocate for more aggression against Iran at the United Nations. When the US tried this in the past, it has received push back from other nations. Now it is clear it is the US, not Iran, that has violated the nuclear agreement and is conducting an economic war against Iran while threatening military action. The world is likely to stand up to Trump and US threats.

Recent progress towards peace by North and South Korea show that activism is effective. Sarah Freeman-Woolpert reports on efforts by activists in South Korea and the United States to build coalitions and organize strategic actions that create the political space for peace.

Leaders of both countries met this week to discuss improving relations and finding a compromise between North Korea and the United States. President Moon will meet with President Trump at the United Nations this month. Korean activists say that their greatest concern is that Koreans finally having “the ability to shape the future of [their] country.”

When we understand that war is illegal, our task becomes clear. We need to make sure that all nations, especially the United States, obey the law. We can replace war with mediation, conflict resolution and adjudication. We can legalize peace.

From Pinterest

Here are more actions this Antiwar Autumn:

September 30-October 6 – Shut Down Creech – week of actions to protest the use of drones. More information and register here.

October 6-13 – Keep Space for Peace Week. Many actions planned in the US and UK. Click here for details.

October 20-21 – Women’s March on the Pentagon. More information here.

November 3 – Black is Back Coalition march to the White House for peace in Africa. More information here.

November 10 – Peace Congress to End U.S. Wars at Home and Abroad. This will be a full day conference to define next steps for collaboration by activists and organizations in the US. More information and registration here.

November 11 – March to Reclaim Armistice Day. This will be a solemn march led by veterans and military families on the 100th anniversary of Armistice Day, which ended World War I, to call for celebrating Armistice Day instead of Veterans Day in the US. Click here for more information.

November 16-18 – School of Americas Watch Border Encuentro. This will include workshops and actions at the border between the US and Mexico. More information here.

November 16-18 – No US NATO Bases International Conference in Dublin, Ireland. This is the first international conference of the new coalition to close US foreign military bases. Click here for more details.