In Which the Editors Get One Right

The Wall Street Journal‘s editors this time. Don’t expel him [California Progressive-Democrat Congressman Eric Swalwell] from Congress. Let California voters have their say, goes their subheadline.

Swalwell is about as unsavory a man, let alone a politician, as it gets this side of Tren de Aragua, and the sexual assault and rape charges being leveled against him are even worse. However, as the editors point out near the end of their editorial,

He deserves a chance to explain himself, while accusations alone shouldn’t be enough to drive an elected Representative out of office. ….
The [House] Ethics Committee can take up formal complaints, sift the evidence, and recommend an appropriate punishment.

That’s right. In our legal system, an accused is presumed innocent until proven guilty in a trial court. The legalism doesn’t apply to Congress; each house can expel its members for any reason at all, if two-thirds of its members can be persuaded to the expulsion. However, the principle underlying the legalism assuredly does apply to Congress, as it does to all of us citizens.

Let the House Ethics Committee do its investigation and recommend the punishment it deems fit, but short of expulsion. Let the matter also come to serious criminal trial, and if he’s convicted, the Ethics Committee then can revisit the matter and recommend expulsion—and the House then should vote unanimously for that expulsion.

All of that may have become moot, though: Swalwell announced Monday that he was resigning from Congress with immediate effect. Withal, my claim regarding presumption of innocence remains unbloodied and unbowed.

Despotic Regime Staying Power

Such polities have a staying power that the West has long been unable to understand. For instance,

Iran’s ability to resist despite large civilian casualties, the decapitation of much of the regime’s leadership, and severe economic damage shows the staying power of authoritarian governments. For decades, Tehran developed a toolbox that includes widespread political repression, relentless propaganda, an ideology of martyrdom and a powerful security apparatus—all aimed at protecting the state from enemies abroad and within.

But who (emphatically not what) is this state that’s being preserved?

The men and women populating the government and its levers of power are that “state.” These men and women don’t think like we do; in particular, they don’t put the same value on life that we do. What these personages value is their own power and their own lives; they don’t care a single minim about the value of the subjects over whom they reign, nor do they care a whit about the economic damage done to their nation as a whole or to those unvalued subjects. None of those tools of power are designed to protect their “authoritarian government,” they’re designed to protect the lives, personal power, and economic condition those men and women who manifest that government.

Nikolay Kozhanov, of Qatar University:

The state’s first priority was to ensure the survival of the regime. There are reasons why the government, elite, and to some extent the people, end up uniting around the regime.

Kozhanov needs to take that one step further: the state and the regime are those persons, not an impersonal, generalized institution to which we too often refer, in misleading shorthand, as “government” or “state” or “regime.” Those institutions don’t exist without the men and women who occupy the various positions in them.

The leadership…shares an ability to endure casualties and economic hardship, pain that is often borne by their populations. And when their people do rise up in protest, the regime’s foot soldiers have proven ready to use lethal violence to put down dissent.
“There is a much higher tolerance for pain among authoritarian regimes,” said Edward Howell, an international-relations lecturer at the University of Oxford. “That’s because we see very little evidence of them prioritizing the needs of their people.”

None of that should be a surprise. That leadership doesn’t care about the casualties of the people over whom they reign; those unfortunates are merely tools for maintaining/enhancing their own wealth, ego, power. Even a despotic regime’s “tolerance for pain” is a misnomer. They don’t feel the pain their subjects are experiencing, they feel only the pain they personally feel. Nor do they prioritize the needs of their subjects; their subjects are only tools.

In the end, there are only two ways to collapse a “state.” In many cases, those state men and women are pecuniary and can be bought off—Idi Amin, for example—especially if cut off from the money and material wealth sources of their physical comfort. A state comprised of ideologues, though, won’t collapse until the ideologues do: they’re cut off from life itself—they’re killed.

A Sanction of New York over its Board of Elections

New York’s State Board of Elections has inadequate safeguards regarding its elections and appears to be refusing to correct that.

Restoring Integrity and Trust in Elections (RITE), a nonpartisan organization focused on election security, alleges the New York State Board of Elections (NYSBOE) stonewalled a request to fix the state’s voter registration form to comply with federal voting law.

Absent those corrections, the State-dominating Progressive-Democratic Party could register loads of voters of whom Party approves, thereby cementing Party’s reign over the State for generations.

If RITE’s allegations are true, and the NYSBOE continues to refuse to correct its errors, there is a sanction that would have strong and sharp teeth. Here’s Article 2 of our 14th Amendment:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

The 19th and 26th Amendments modify this Article only to the extent of extending the right to vote to women and lowering the minimum age of eligibility to 18 years old.

Allowing ineligible persons to vote dilutes the votes of eligible, legitimate voters, and that is a functional, even if not direct, denial of those eligible voters’ right to vote. That dilution means their votes no longer count as whole votes, but only as reduced, fractional votes. In our system of elections, any reduction in the value of a vote to less than that of the entire vote is a denial of that vote.

The sanction, then, should be a reduction of New York’s representation in Congress according to the proportion of registered ineligible voters to registered eligible voters plus the proportion of eligible voters denied registration to the whole number of voters in the State.

That’s One Spin

The DC Circuit Court has denied Anthropic’s appeal of a DoD decision to cut the company out of Defense contracts as a security risk to Defense supply chains. Meanwhile a Northern District of California Federal court judge has upheld Anthropic’s appeal on free speech grounds. This, of course, creates a split of sorts that, ultimately, the Supreme Court will need to resolve, unless the 9th Circuit overrules the District judge wih a ruling that substantially aligns with the DC Circuit.

What’s interesting, though, is Computer & Communications Industry Association CEO Matt Schruers’ characterization of the split.

The DC Circuit’s denial will prolong ambiguities regarding whether political considerations can drive federal procurement[.]

This is Schruers’ conclusory characterization centered on his preferred outcome. It couldn’t possibly be the California district judge’s ruling that is prolonging ambiguities.

The Strait and Victory

There is a two week cease fire more or less in progress in the US-Iran portion of the US/Israeli war against Iran, one that is subject to the Islamic Republic of Iran agreeing to the COMPLETE, IMMEDIATE, and SAFE OPENING of the Strait of Hormuz. Iran has not done so.

On Wednesday [after the cease fire nominally went into effect], Iran told mediators that it would limit the number of ships crossing the Strait of Hormuz to around a dozen a day and charge tolls. The Iranian navy also told ships anchored nearby that they still needed Iran’s permission to cross the strait. “If any vessel tries to transit without permission, [it] will be destroyed,” according to a recording reviewed by The Wall Street Journal.

The White House is insisting that what the Iranian personnel say in public is radically different from what they’re saying in private. Either way, though, those are just words. Actions matter, and so far those actions include a lack of tanker and cargo ship movement through the strait beyond a few that have paid as much as $2 million in protection money to the Iranians. That’s not a COMPLETE, IMMEDIATE, and SAFE OPENING.

Meanwhile, Iran is attempting after the fact to alter the terms of the cease fire to include Lebanon and Israel’s campaign against the Iranian terrorist surrogate Hezbollah. That that’s a separate matter is unimportant to Iran as its personnel, once again, welch on an agreement, tap things along, and stall, stall, stall.

That Iran’s military capacity has been devastated is true enough.

…strikes destroyed roughly 80% of Iran’s air defenses, more than 1,500 targets, as well as more than 450 ballistic missile storage facilities and 800 one-way attack drone storage facilities. The operation has also decimated Iran’s defense industrial base, Caine said, including shattering more than 80% of its missile factories.

But those numbers are just the modern body count, and they’re just as meaningless without context. How do those losses compare with what Iran started with? How many of those missiles, rockets, drones, and launch systems does it have left? How many of those small boats? How much of its industrial base is left?

The current situation seems similar to that of the Rome-Carthage wars, particularly the second one. From Adrian Goldsworthy’s The Fall of Carthage:

Despite their appalling losses, the string of humiliating defeats, the defections of some Italian allies, and the continuing malevolent presence of Hannibal’s army in Italy, the Romans simply refused to come to terms with the Carthaginians…. They were then able to beat the enemy on every other front and force the undefeated Hannibal to evacuate Italy…. The Carthaginians expected a war to end in a negotiated peace. The Romans expected a war to end in total victory or their own annihilation, something which no contemporary state had the resources to achieve.

We’re not dead yet, say the Iranian negotiators, so we haven’t lost.

It’s time for them to die.