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Stop exploiting the ‘rule of law’ to harass a former President

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As the world awaits graphic T.V. coverage of the 45th President of the United States being  arrested; including him being photographed, fingerprinted, and potentially handcuffed, we examine what got us here: the Left weaponizing the “Rule of Law” to bring about Trump’s destruction.

We are not lawyers and leave legal punditry to other columns. The summary, however, from eminent prosecutors across the political spectrum is that Manhattan D.A. Alvin Bragg’s case against former president Donald Trump is sketchy at best and hopelessly weak at worst. Bragg is trying novel arguments that could run afoul of the statute of limitations and mix state law with federal electioneering laws. The Department of Justice and the Federal Election Commission had already decided against pursuing an election case against the former President, guided by the Supreme Court decision in the John Edwards corruption case after the 2004 election campaign.

But the most novel thing yet is that Bragg is trying a former chief executive of the United States. Never before in history has an American president been indicted for a criminal act, that too for violating local statutes.

Theoretically, pursuing a former president under the “Rule of Law” doctrine employs an idea we learn in high school civics classes: No person is above the law in America.

But in truth, the Rule of Law is routinely bent in practice. The D.O.J.’s own guidelines stipulate that a sitting president cannot be charged with a crime. The International Criminal Court, a body outside of the United Nations whose jurisdiction is not accepted by the United States, China, or Russia, has language that exempts sitting heads of state from prosecution.

Even in civil cases, exemptions exist for heads of state. When candidate Narendra Modi was running for the office of Prime Minister in India, the Obama administration continued to enforce a visa ban on him, although he had been absolved of all charges, in April 2013, by the Indian Supreme Court-appointed Special Investigation Team. As soon as Modi won the election, the U.S. government revoked the ban and allowed him to visit America.

At the time, Modi still faced federal court charges and was technically exposed to arrest if he landed in America. But long-standing Department of State practices ensured that Modi wouldn’t face any legal issues under the principle that permits sovereign leaders free passage. The same rule nullifies American visa bans on leaders of rogue nations from landing at J.F.K. to attend the U.N. General Assembly in New York. (The U.N. Headquarters complex in New York is considered neutral territory, although J.F.K. airport and the road from the airport to the U.N. fall under American jurisdiction.)

The vexing question is whether a former president should be granted the same privileges as the current president. Applying the Rule of Law becomes murky here because former presidents continue to draw from the federal purse. They are accorded Secret Service protection for life, are eligible for monetary allowances, including for maintaining an office at a location of their choice, and their spouses continue to receive emoluments when they pass on.

The Rule of Law becomes murkier when a former president is a leading contender for the 2024 Republican nomination. The Department of Justice has held that Trump illegally kept boxes of highly confidential material in his Florida home and is considering bringing criminal charges, ignoring its own rules not to interfere in a general election. The wind from that D.O.J.’s case slowed considerably when confidential papers were also found in President Joe Biden’s home in Delaware from when he was Vice President. Does the D.O.J. give Biden a pass but prosecute Trump?

Alvin Bragg is not alone in going after Trump. Letitia James, the New York attorney general, is leading a civil investigation against Trump and the Trump organization. The chief prosecutor of Fulton County, Fani Willis, is investigating if Trump broke the law when he allegedly tried to apply pressure to overturn the 2020 Georgia election.

All officials have several things in common. They are all Black liberal Democrats elected to city, county, or state offices and have used their positions to engage in fundraising and prepare campaigns for even higher office. They realize that if Trump were not the target of their efforts, the media would let out a loud yawn and not cover their cases. Most people today would have never heard of them, but for the artificial fame, the press has bestowed on them as only the press can.

Even among ordinary people, the Rule of Law principle is routinely stretched in reality under another idea called prosecutorial discretion. Severe charges against criminal defendants are dropped or lowered if the defendant agrees to cooperate with prosecutors. If the law’s intent is to punish people for crimes committed, how can penalties be reduced for actions by the defendant after the fact?

There’s also the question of harm: did Trump’s actions do any damage? In the Bragg case, the $130,000 payoff occurred between two consenting adults, arranged by a middleman. In Fulton County, despite pressure allegedly brought about by Trump, Georgia’s Secretary of State had the election certified for Joe Biden.

We urge restraint among these aggressive local prosecutors and urge them to give deference to former presidents as a matter of courtesy. If they have evidence that crimes have been committed, they should refer the matter to the Department of Justice. It is unbecoming for the world’s lone superpower to have local officials use minor infractions to needle and harass former presidents duly elected nationwide, who have a large following and who ably served while in office. Our framers certainly did not intend for such an outcome.

If Bragg, James, and Willis want to defeat Trump and the G.O.P., we urge them to follow in Stacey Abrams’ footsteps. She ran statewide in Georgia twice, mobilized an entire country of liberal activists, and became a national superstar, even making it into V.P. shortlists. As a Democrat, she lost both times, but we applaud her for trying the democratic way rather than exploiting the “Rule of Law.”

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TIPP Takes

Geopolitics And Geoeconomics

#1. Russia: Su-35 Fighter Scrambled Over Baltic As U.S. B-52 Bombers Flew Towards Border – Al Arabiya

Russia’s defense ministry said a Russian Su-35 fighter jet was scrambled over the Baltic Sea to intercept two US B-52H strategic bombers flying towards the Russian border.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

According to the defense ministry, the Su-35 jet was scrambled to identify the planes and prevent a border violation, which added, “after the foreign military planes moved away from the state border of the Russian Federation, the Russian plane returned to its home base.”

The ministry stressed that the planes did not violate Russia’s state border and that the Su-35 jet’s flight was “in strict compliance with international air law.


#2. Ukraine Says Russia Kalibr Missile Cargo Hit In Transit To Crimea – Al Jazeera

Ukraine has reported the destruction of “multiple” Russian cruise missiles as they were transported by rail to Russia’s Black Sea fleet in Crimea.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President
Long-range Kalibr cruise missiles are launched by a Russian military ship from an unknown location in this image from July, 2022. Russia has regularly fired Kalibr missiles against targets in Ukraine [File: Russian Defense Ministry Press Service photo via AP]

Ukraine’s military agency said that an explosion destroyed multiple Kalibr cruise missiles without explicitly saying Ukraine was responsible for the blast or exactly how the shipment of powerful missiles was destroyed.

Russian officials did not confirm that missiles were destroyed in the attack.


#3. Japan PM Kishida Visits Ukraine For Talks With Zelenskyy – Kyodo News

Japanese Prime Minister Fumio Kishida’s visit, kept secret until right before arrival, comes a day after Kishida met with his Indian counterpart, Narendra Modi, in New Delhi.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

It is rare for a Japanese leader to make an unannounced trip to a foreign country.

Kishida plans to demonstrate Japan’s commitment to supporting the war-torn country ahead of a Group of Seven summit he will host in Hiroshima in May.

Kishida had been the sole G-7 leader yet to visit Ukraine following Russia’s invasion of its neighbor in February 2022. Japan holds this year’s G-7 presidency.


#4. Wagner Chief Tells Russia’s Shoigu Of Coming Ukrainian Attack – Reuters

Russian mercenary boss Yevgeny Prigozhin told Defense Minister Sergei Shoigu in a letter that the Ukrainian army was planning an imminent offensive to cut off Wagner forces from the main body of Russian troops in eastern Ukraine.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President
Defense Minister Sergei Shoigu (left) and Wagner Group Chief Yevgeny Prigozhin (right)

In the letter published by his press service, Prigozhin said the “large-scale attack” was planned for late March or the start of April.

It was the first time Prigozhin has published such correspondence with the defense minister, whom he had frequently criticized over the conduct of the war.

The unusual move appeared to have two possible aims: to wrongfoot Ukraine commanders and to seek to pin the blame on Shoigu, not Prigozhin, if the purported Ukrainian maneuver proved successful.


#5. Xi Vows To Promote Ukraine Peace Talks As He Meets With Putin – Kyodo News

Chinese President Xi Jinping pledged that Beijing would actively promote peace talks to resolve the Ukraine crisis as he started his state visit to Russia.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

Xi Jinping met with his Russian counterpart Vladimir Putin, who welcomed China’s readiness to make a meaningful contribution.

According to Russia’s Tass news agency, they held a one-on-one meeting Monday afternoon in Moscow, with Putin telling Xi he plans to discuss Ukraine during the talks.

When he arrived in Moscow, Xi said China would work with Russia to uphold multilateralism and promote a multipolar world.


#6. U.S. Urges Xi To Press Putin Over ‘War Crimes’ In Ukraine – BBC

The U.S. urged Chinese President Xi Jinping to press Vladimir Putin on ceasing the “war crimes” being carried out by Russia in Ukraine.

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The White House’s National Security Council spokesman called Mr. Xi to urge his Russian counterpart to withdraw troops from Ukraine.

John Kirby said seeking a ceasefire would not be enough.

“We hope that President Xi will press President Putin to cease bombing Ukrainian cities, hospitals, and schools, to halt the war crimes and atrocities, and to withdraw his troops,” he said.


#7. China Welcomes Former Taiwan President’s Plan To Visit – Al Jazeera

Beijing has welcomed a plan by former Taiwan President Ma Ying-jeou of the self-ruled island’s main opposition Kuomintang (KMT) party to visit China.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President
Former Taiwan President Ma Ying-jeou with Xi Jinping

Ma, who led the self-ruled island from 2008 to 2016, plans to visit China from March 27 until April 7, becoming the first former Taiwan leader to visit China since the nationalist government moved to Taipei at the end of the civil war in 1949.

Ma Ying-jeou Foundation director Hsiao Hsu-tsen told reporters that Ma’s trip was mostly about student exchanges and for the former president to pay respects to the graves of his ancestors in China.


#8. Biden Declassifies Intelligence On Covid Origins – D.W.

The declassified materials are believed to link the COVID outbreak and a Chinese laboratory.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

The intelligence is believed to point the finger at a Chinese laboratory based in Wuhan, where the virus is said to have first spread in late 2019.

The White House said the bill, passed by Congress in March, requires Director of National Intelligence Avril Haines to declassify information related to the pandemic’s origins.

However, Biden vowed to be mindful of national security when deciding what to release.


#9. Greenpeace Cries Scandal As France Continues To Import Russian Uranium – RFI

Greenpeace described as “scandalous” the arrival of a cargo of enriched uranium from Russia to France, the seventh such delivery since the start of Moscow’s war in Ukraine.

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The Russian nuclear fuel transport vessel Mikhail Dudin docks at the port of Dunkirk, northern France. AP – Michel Spingler

The non-governmental environment protection organization Greenpeace said the delivery confirmed France’s dependence on the Russian nuclear industry, which sanctions imposed on the Kremlin do not cover.

The French government denied this, saying France “does not depend in any way on Russia for the operation of its nuclear power plants” and “has been able to diversify its sources of supply.”


#10. Turkey Reconstruction Would Need More Than USD 100 Billion: Erdogan – WION

Turkey President Recep Tayyip Erdogan said that the cost of the damage caused by last month’s devastating earthquake has hit USD 104 billion.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President
Turkey President Recep Tayyip Erdogan

He spoke via a video link as donors at a conference in Brussels vowed funds to help Turkey and Syria.

European Commission President Ursula von der Leyen kicked off an EU-hosted fund-raising event by promising one billion euros ($1.1 billion) for reconstruction in Turkey and 108 million for humanitarian aid in Syria.

Turkey was hit last month by a catastrophic 7.8-magnitude earthquake that flattened entire cities. Over 50,000 people across southeastern Turkey and parts of war-torn Syria were killed, and millions were displaced.


The South Korean government announced a ban on the export via a third country of dozens of materials that can be used for North Korea’s satellite development.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

The move is aimed at prohibiting the secretive nuclear-armed nation from circumventing U.N. Security Council sanctions, as Pyongyang said it plans to put what it claims to be a military reconnaissance satellite into orbit in spring.

Seoul’s foreign ministry said it has already shared the list with other nations so that they can use it for their export controls in the North.


#12. IMF To Assess Sri Lankan Governance As Part Of $3B bailout – A.P.

The International Monetary Fund said it is assessing Sri Lanka’s governance in the first case of an Asian country facing scrutiny for corruption as part of a bailout program.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

The IMF executive board approved a nearly $3 billion bailout plan for the bankrupt nation Monday, and about $333 million was to be disbursed immediately to help alleviate the country’s humanitarian crisis. The approval also will open up financial support from other institutions.

Sri Lanka suspended its debt repayment last year as it ran short of foreign currency needed for fuel imports and other essentials.


#13. Kuwait Oil Company Declares ‘State Of Emergency’ After Oil Spill – AFP

The Kuwait Oil Company declared a “state of emergency” on Monday following an oil spill on land but said no injuries or disruption to production had been reported.

Stop Exploiting The ‘Rule Of Law’ To Harass A Former President

The emergency followed an “oil leak in the west of the country,” the state-owned company said in a statement, as a video posted by Kuwaiti media showed a gushing pipe surrounded by a large slick of oil.

Teams have been dispatched to determine the source of the leak and contain the incident, company spokesman Qusai al-Amer said, declining to give the spill’s exact location.


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