Trade and the Rule of Law

Canada’s Prime Minister Justin Trudeau has asked for President Donald Trump’s help, at the G-20 meeting in Japan, to get the People’s Republic of China to release the Canadian hostages that the PRC kidnapped in retaliation for Canada’s detaining a PRC company executive for criminal investigation.  Trump has agreed.

Gerard Gayou suggested in his piece at the link,

Mr Trump may worry that challenging Mr Xi on political prisoners would jeopardize a trade deal, but pressing China on the rule of law should be a priority.

Indeed. Rule of law—as opposed to the PRC’s rule by law—is critical to many of the sorts of things Trump is looking for in a trade deal with the PRC: things like intellectual property protection, an end to the extortion the PRC applies to obtain proprietary technologies from foreign companies wishing to do business in the PRC, an end to the PRC’s demands for back doors into companies’ software, etc.

Absent rule of law, as the PRC demonstrated as recently as some few weeks ago when it walked away from commitments it had made during the then-trade negotiations, the PRC’s word on any trade deal will be largely worthless.

In Which I Agree with the ACLU

The National Security Agency illegally spied on American citizens, again.  This time occurred, last October, when the NSA

collected records about U.S. calls and text messages that it wasn’t authorized to obtain last year….

This

occurred several months after the NSA said it had purged hundreds of millions of metadata records it had amassed since 2015 due to a separate overcollection episode.

This flouting of law and of its instructions was no accident, not the second time.  It was deliberate.

An ACLU staff attorney, Patrick Toomey, said in part,

this surveillance program is beyond redemption and should be shut down for good.  The NSA’s collection of Americans’ call records is too sweeping, the compliance problems too many….

It appears that the NSA didn’t explicitly call for the data when it asked a (sadly name-redacted) telecommunications firm for legitimately collectable data; that firm “overprovided.”  The data, though, were “overprovided” for nine days before the NSA asked the company to…investigate…its delivery.  Nor is there evidence the NSA purged those overcollections.

Especially that last bit about compliance: the NSA, with this latest collection, has demonstrated that it considers laws, rules, constraints to be solely for the small people; they don’t apply to august entities like themselves.

Toomey is right, and I’ll go a ways further: the NSA should be shut down, the agency disbanded and withdrawn from the government’s books, and the personnel all returned to the private sector.

Censorship

James O’Keefe’s Veritas did some undercover work, produced a video of that work, and ran it on YouTube.  However, the exposé was of…Alphabet’s Google (which in turn owns YouTube), so YouTube took it down—Alphabet’s censors couldn’t stand the criticism.

The video seems to be back up a few hours later as I write this on the late afternoon of Tuesday.

However.

Alphabet’s attempt to censor, regardless of its (temporary?) failure, is wholly unacceptable, and it demonstrates Alphabet’s (as the owner of Google and YouTube) dishonesty and cowardice.

How is it possible to trust an organization so precious, so self-important, that it can’t even handle criticism of itself?

Trump and the New York Times

In one of a series of Letters to the Editor in Sunday’s Wall Street Journal, one letter writer decried both President Donald Trump’s and the NYT‘s words.  It’s a false comparison, though.  The letter writer wrote in the Trump part of his comparison

President Trump’s use of the word “treason” to characterize the Times, and his attempts to misuse government authority to retaliate against journalists must end, full stop.

This is a cynically misleading claim. Trump did not use the word “treason” to characterize the NYT; he used the phrase “virtual treason” to characterize the NYT‘s behavior.

Trump is well-known for disdaining euphemisms, for preferring plain, blunt speech.  If he had meant to say the NYT was a treasonous institution, he would have said so.  Beyond that, “virtual” treason is not treason; it describes behavior that might look like treason in a purely metaphorical way.  Full stop.

Regarding retaliation, Trump has never had his surveillance apparatus spy on journalists’ emails, nor has he ever thrown a journalist in jail or harassed a journalist’s mother. Again, full stop.

Nor has Trump ever tried to bar an entire news organization from its news collection duties at the White House. A third time, full stop.

In Which the Court Gets One Right

The Supreme Court ruled 7-2 that the Bladensburg Peace Cross is not an unconstitutional favoring by government of a particular religion, reversing the 4th Circuit. Only Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.

This is the privately done monument that was

built in 1925 and paid for by local families, businesses, and the American Legion to honor 49 World War I veterans from Prince George’s County [in Maryland]. But the 40-foot cross sits on a now-busy highway median owned since 1961 by a state commission that pays for its maintenance and upkeep.

The American Humanist Association, an anti-religion gadfly with many such attacks, particularly against what it considers Christian devices, had sued for the monument’s removal (these five decades and more after the commission assumed responsibility for the monument).  The appellate court had agreed with the AHA, ruling that the monument is an aggrandizement of Latin Crosses and nothing else.  That court also had displayed its contempt for the intelligence of ordinary Americans, ruling that the “display”

says to any reasonable observer that the commission either places Christianity above other faiths, views being American and Christian as one in the same, or both[.]

However, Justice Samuel Alito, writing for the Court, had the right of it [emphasis added].

The cross is undoubtedly a Christian symbol, but that fact should not blind us to everything else that the Bladensburg Cross has come to represent.  For some, that monument is a symbolic resting place for ancestors who never returned home. For others, it is a place for the community to gather and honor all veterans and their sacrifices for our Nation. For others still, it is a historical landmark. For many of these people, destroying or defacing the Cross that has stood undisturbed for nearly a century would not be neutral and would not further the ideals of respect and tolerance embodied in the First Amendment.

It doesn’t get much clearer than that.

As an aside, Ginsburg in her dissent, which she emphasized by reading it from the bench, echoed the 4th Circuit’s contempt for us ordinary Americans:

As I see it, when a cross is displayed on public property, the government may be presumed to endorse its religious content.  The venue is surely associated with the State; the symbol and its meaning are just as surely associated exclusively with Christianity.

Further to the aside, here is F Scott Fitzgerald’s test of genius:

The test of a first-rate intelligence is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function.

The Court’s ruling, including Ginsburg’s dissent, can be read here.