August 14, 2022

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WASHINGTON — A few days before President Biden’s Summit for Democracy, a virtual meeting of...

WASHINGTON — A few days before President Biden’s Summit for Democracy, a virtual meeting of more than 100 countries that opens on Thursday, the Chinese foreign ministry released a stinging report about the American democratic system.
The “gunshots and farce on Capitol Hill have completely revealed what is underneath the gorgeous appearance of the American-style democracy,” the Chinese report said, citing the Jan. 6 riot. In a country where “money decides everything,” the report charged, “an entrenched political paralysis” renders governing impossible.
A spokeswoman for the Russian foreign ministry struck a similarly contemptuous tone in late November. “The United States claims the right to decide who is worthy of being called a democracy and who is not,” said the spokeswoman, Maria Zakharova, according to Tass, the state news agency. “It certainly looks cynical. I would say that it looks pathetic, given the state of democracy and human rights in the United States and in the West in general.”
A backlash from authoritarian governments that were not invited to a summit meeting meant to support democratic values is hardly surprising.

But even U.S. officials concede that American democracy is straining from political polarization, racial injustice and discord, voting rights restrictions and domestic extremism, among other issues. Some activists are urging Mr. Biden to devote more attention to problems at home before turning his focus abroad.
“You can’t try to export and defend democracy globally when you can’t protect it domestically,” said Cliff Albright, a co-founder and executive director of the Black Voters Matter Fund, a progressive nonprofit group in Atlanta. “You can’t be the global fireman when your house is on fire.”
That tension will loom over the two-day virtual gathering of leaders from model democracies like Germany, Japan and Sweden to countries with mixed records such as Georgia, Nigeria and Pakistan. The meeting, which will also include journalists, civil society activists and business leaders, is meant to be a forum for democracies to exchange ideas and critiques, U.S. officials say. Participants will also make commitments on political reform, corruption, human rights and other matters.

Understand the U.S. Capitol Riot

On Jan. 6, 2021, a pro-Trump mob stormed the Capitol.

“The U.S. is clearly going through a rough patch right now,” said Michael J. Abramowitz, the president of Freedom House, a nonpartisan group dedicated to human rights and democracy. The United States ranked 50th on Freedom House’s annual index of global freedom, he said. Last month, the Stockholm-based International Institute for Democracy and Electoral Assistance placed the United States on its list of “backsliding democracies.”
Domestic shortcomings should not deter the United States from promoting its core values where authoritarianism and populism have gained traction in recent years, Mr. Abramowitz said, “as long as it’s done with humility.”

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“Without United States engagement and leadership, the cause of democracy will not advance,” he said. “Who else will do it?”
Mr. Biden has said the world stands at a historical “inflection point” in the contest between democracy and autocracy. He has also vowed to show that the U.S. system is superior to more centralized models, like China’s, which brook little dissent. Administration officials say they meet that challenge but have no illusions about their domestic troubles.
“We approach this week with both humility and confidence,” Uzra Zeya, the under secretary for civilian security, democracy and human rights, told reporters at the State Department on Tuesday.
She added: “Humility in that we want to listen and learn and don’t shy away from our shortcomings; confidence in our constant striving for a more perfect union; and our certainty that, working together, democracies can and will deliver for the world’s citizens, regardless of the raw deal that autocrats and authoritarians try to sell.”

But others cautioned against moving the spotlight overseas while problems festered at home. The federal authorities have said that violent domestic extremists continue to be emboldened by false claims about the 2020 election. Former President Donald J. Trump is fighting in court to block the release of documents requested by a congressional committee investigating the mob attack on the Capitol. And Republicans have passed voting restrictions in 19 states this year.
While Mr. Biden has called defending the right to vote an urgent priority, many of his supporters complain that federal legislation to bolster voting rights, standardize basic election rules and outlaw gerrymandering has not advanced in Congress.

A White House fact sheet issued before the summit cited the passage of his bipartisan infrastructure plan as a prominent example of a functioning democracy. But Marc H. Morial, the president and chief executive of the National Urban League, said that more action was needed on domestic threats to democracy. He called the summit “a missed opportunity.”
“You cannot separate what’s going on globally with what’s going on in the United States,” Mr. Morial said.
The Biden administration could also use the summit to set out longer-term plans to work with other countries facing similar threats to democracy, said Rachel Kleinfeld, a senior fellow in the Carnegie Endowment for International Peace, a Washington think tank. For example, officials could strategize on ways to crack down on U.S. extremist groups increasingly making connections overseas, she said.

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Understand the Claim of Executive Privilege in the Jan. 6. Inquiry

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A key issue yet untested. Donald Trump’s power as former president to keep information from his White House secret has become a central issue in the House’s investigation of the Jan. 6 Capitol riot. Amid an attempt by Mr. Trump to keep personal records secret and the indictment of Stephen K. Bannon for contempt of Congress, here’s a breakdown of executive privilege:

What is executive privilege? It is a power claimed by presidents under the Constitution to prevent the other two branches of government from gaining access to certain internal executive branch information, especially confidential communications involving the president or among his top aides.

What is Trump’s claim? Former President Trump has filed a lawsuit seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 Capitol riot. He argues that these matters must remain a secret as a matter of executive privilege.

Is Trump’s privilege claim valid? The constitutional line between a president’s secrecy powers and Congress’s investigative authority is hazy. Though a judge rejected Mr. Trump’s bid to keep his papers secret, it is likely that the case will ultimately be resolved by the Supreme Court.

Is executive privilege an absolute power? No. Even a legitimate claim of executive privilege may not always prevail in court. During the Watergate scandal in 1974, the Supreme Court upheld an order requiring President Richard M. Nixon to turn over his Oval Office tapes.

May ex-presidents invoke executive privilege? Yes, but courts may view their claims with less deference than those of current presidents. In 1977, the Supreme Court said Nixon could make a claim of executive privilege even though he was out of office, though the court ultimately ruled against him in the case.

Is Steve Bannon covered by executive privilege? This is unclear. Mr. Bannon’s case could raise the novel legal question of whether or how far a claim of executive privilege may extend to communications between a president and an informal adviser outside of the government.

What is contempt of Congress? It is a sanction imposed on people who defy congressional subpoenas. Congress can refer contempt citations to the Justice Department and ask for criminal charges. Mr. Bannon has been indicted on contempt charges for refusing to comply with a subpoena that seeks documents and testimony.

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“American democracy at home and global democracy abroad are in dire need of strategy, of improvement, because both are facing swift recession,” Ms. Kleinfeld said. “But a summit is not a strategy. In fact, a summit has been a distraction.”
Domestic issues are not the only potential source of awkwardness at the meeting, which is set to feature remarks from Mr. Biden, sessions with heads of state and more than a dozen events.
The administration has also faced questions over its criteria for invitations. Critics have questioned the inclusion of countries like the Philippines, which the State Department has condemned for extrajudicial killings, and Pakistan, which the United States accused of “forced disappearance by the government or its agents; torture; and cases of cruel, inhuman or degrading treatment or punishment by the government.”
Freedom House found that Georgia was affected by the influence of oligarchs over its politics and news media, and that Nigeria, Africa’s largest democracy, had endemic corruption and permitted the harassment and arrests of journalists.

“I would not have thrown a party in quite this way,” Ms. Kleinfeld said of the “broad tent” of invitees.
Hungary and Turkey, which are NATO members, were not invited; nor were several other countries that identify as democracies but have records of repression. Singapore was also left out, though Defense Secretary Lloyd J. Austin III and Vice President Kamala Harris both traveled there this year to promote its relationship with the United States as an ally in the South China Sea.
“The decision to not invite robust democracies like Singapore and Bhutan underscores that democracy is in the eye of the beholder,” said Curtis S. Chin, the former U.S. ambassador to the Asian Development Bank from 2007 to 2010.
Brazil, Latin America’s largest — but increasingly authoritarian — democracy, also was not invited; nor were Egypt Saudi Arabia or the United Arab Emirates.
Jen Psaki, the White House press secretary, said this week that the invitations should not be treated as a “stamp of approval on their approach to democracy.”
“This is an opportunity, again, not to celebrate everything we’ve done on democracy, either for the United States or all these countries, and call it a day,” she said. “It’s an opportunity to continue to strive to do better.”
Michael Wines contributed reporting.


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