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October 2017

Liberals Embrace ‘Dark Money’ Fusion GPS rolls out a novel excuse to block a House subpoena.

Remember when Democrats and the press corps complained about “dark money” and wanted to rewrite the First Amendment to ban certain campaign contributions? Well, well. Now the progressive operatives at Fusion GPS are invoking free-speech rights to block the House Intelligence Committee’s probe of the infamous Steele dossier.

Fusion GPS is the opposition research firm behind the Steele dossier claiming that Donald Trump colluded with Russians to win the 2016 election. Congress is investigating Russian influence, and former British spook Christopher Steele relied on Russian sources. The dossier is clearly of interest, perhaps even a Rosetta Stone in the probe.

Yet Fusion chief Glenn Simpson won’t cooperate, and on Monday the company’s lawyers sent a letter to the House Intelligence Committee refusing to comply with subpoenas for documents and testimony related to the dossier. The letter claims the subpoenas “violate the First Amendment rights of our clients and their clients, and would chill any American running for office . . . from conducting confidential opposition research in an election.”

Hello? Mr. Simpson must be having a good laugh at that one. Surely he knows that his many Democratic clients have spent most of the last decade moaning about “dark money” donations in politics. Hillary Clinton and Bernie Sanders proposed rewriting the First Amendment to overturn the Supreme Court’s Citizens United ruling so government could regulate political speech. Fusion must also not have read the avalanche of press releases from Democrats like Chuck Schumer demanding disclosure of all political donations.

Citizens United protected the broadcast of a movie opposing Hillary Clinton—obvious political speech. But the House wants to know who paid Fusion to dig up dirt on Mr. Trump and whether any of that money or intelligence came from foreign sources. The First Amendment doesn’t protect attempts by foreign governments or agents to influence U.S. elections.

Foreign campaign contributions are banned under U.S. law, and in the 1990s Congress conducted extensive investigations into Chinese and other donations to the Clinton campaign. No one claimed the Riady family’s donations were protected political speech because they financed Bill Clinton’s re-election.

Fusion by its own admission has worked in the past on a lobby campaign for a Russian company with ties to the Kremlin. Investigators want to know if those clients or other foreign actors had anything to do with the commissioning or production of the Steele dossier.

The press corps is cheering investigations into whether the Russians worked with a Trump campaign to win the election—and we want those answers too. But it’s also important to know if other Americans worked—wittingly or not—with Russian actors to collect and distribute accusations against Mr. Trump.

Fusion can dig up all the dirt it wants on clients and leak it to its media pals. That is its business model. But the company has no constitutional right to avoid a probe into foreign influence. The House’s next move should be a vote for contempt of Congress.

Assault on the Kurds Defeat for the U.S. allies in northern Iraq is a victory for Iran. *****

A central tenet of the Trump foreign policy, a work in progress, has been that the U.S. would rebuild its relationship with America’s allies. That commitment is being put to the test in northern Iraq.

On Monday Iraq’s army, assisted by Iranian forces, launched a major assault on the Kurds in the northern Iraqi city of Kirkuk. Across the length of America’s recent history with Iraq, we have had no more reliable ally than Iraq’s Kurds and their fighting force, the Peshmerga.

So far the Trump Administration has said little about the attack on the Kurds. “We’re not taking sides, but we don’t like the fact that they’re clashing,” President Trump told reporters at the White House Monday. “We’ve had, for many years, a very good relationship with the Kurds, as you know. And we’ve also been on the side of Iraq, even though we should have never been in there in the first place. But we’re not taking sides in that battle.”

But if the U.S. allows one of its most visible allies to be defeated in the Middle East, make no mistake: Other allies in the region will notice and start to recalculate their relationship with the Trump Administration.

The Iraqi Kurds, to be sure, have contributed to their current plight. Kurdish President Masoud Barzani went forward with a needless independence referendum last month, despite pressure from the U.S. not to hold the vote. The pro-forma vote gave the Baghdad government a pretext to play the nationalist card and retake Kirkuk.

Kirkuk is a multi-ethnic city that lies just south of Iraq’s Kurdistan, an autonomous region whose borders abut Iran and Turkey. The Kirkuk region is also rich in oil. The Kurds gained control of Kirkuk in 2014 after Iraq’s army famously fled under attack from Islamic State, which seized control of Mosul in June that year.

After the Iraqi forces abandoned the region, the Peshmerga became the primary reason that Islamic State was never able to consolidate its control of northern Iraq. Arguably, the Kurds, backed by U.S. air power, saved Iraq by giving Iraqi Prime Minister Haider al-Abadi time to reconstitute his nation’s army into a fighting force capable of driving Islamic State out of Iraq’s major cities, with the help of the Peshmerga.

Possibly the phrase “no good deed goes unpunished” originated in the Middle East. Having taken back Mosul from Islamic State, Mr. Abadi now wants to drive the Kurds back into their northern Iraqi homeland. But the strategic details of this attack on the Kurds are important. Iraq’s offensive includes Iran. According to the Washington-based Institute for the Study of War, Iranian-backed militias and the 9th Iraqi Armored Division moved toward Kirkuk last week to support the Iraqi army.

The Abadi government in Baghdad is under constant pressure from Shiite Iran to align itself against the interest of Iraq’s Sunni populations in the north and west. It follows that after Iraq’s progress on the battlefield against Islamic State, Iran would encourage the Iraqis to drive the Kurds out of Kirkuk.

Notice this is all happening within days of President Trump decertifying the Iran nuclear deal, based in part on the assumption that Europe will support U.S. efforts to resist Iran’s ballistic-missile program and its penetrations across the Middle East. But what will the Europeans or our allies in the Middle East conclude if we abandon one of our oldest regional allies, the Iraqi Kurds?

The U.S. no doubt has lost much of the political leverage it had before the Obama Administration pulled out of Iraq in 2011. But abandoning the Kurds to an Iraq-Iran Shiite alliance would only deepen U.S. losses.

Before Iraq and the Kurds go to war, the U.S. could insist that Iraq reaffirm the autonomy of Iraqi Kurdistan and also that it work out an agreement to share revenue from the region’s oil reserves. The alternative to such a modus vivendi for Prime Minister Abadi is a capable Kurdish fighting force in a state of permanent insurrection.

The U.S. owes a debt to the Kurds. Abandoning them now would damage America’s credibility, and not least Mr. Trump’s ability to enlist allies against Iran’s expansion across the Middle East. The assault on Kirkuk matters.

Austria’s Not So Scary Right Turn Voters embrace a young leader promising more competitive politics.

One day Europe will be able to hold an election without a freak-out over a feared return of the far right. That day isn’t here. So Austria’s election on Sunday, in which voters rejected a center-left governing cartel in favor of a resurgent center-right, has the Continent rushing for the smelling salts.

Sebastian Kurz of the center-right Austrian People’s Party (ÖVP) placed first in the parliamentary vote, with early results pegging him at 32%. The 31-year-old has served as foreign minister in a coalition government led by the center-left Social Democrats. Mr. Kurz abandoned that centrist coalition and positioned his party further to the right, especially on immigration after the surge of Middle Eastern and African migrants into Europe.

His strategy worked, especially in pulling voters from the far-right Freedom Party (FPÖ), the outfit that really gives Europeans palpitations. Leader Heinz-Christian Strache has tried hard but not always credibly to shed the FPÖ’s reputation as a political haven for xenophobes and Nazi sympathizers. At the start of the year it polled at 35%, after its candidate for the ceremonial presidency won 47% last year. But on Sunday its share fell to about 20%

Mr. Kurz reversed the far-right’s march by co-opting some of its main policies. Those include tighter bars on asylum-seekers and intra-European Union migrants claiming social benefits, and a push to shut off the flow of migrants across the Mediterranean by returning most to refugee camps in North Africa. He added an economic platform of tax-rate cuts, especially on individual income to below 40% and a new focus on business-friendliness.

Some of our media friends present this as a resurgence of an ugly far-right party, and Mr. Kurz is likely to form a coalition with the FPÖ. But the FPÖ already has done a turn in a governing coalition, from 2000-2005, and it ended badly amid divisions about economic policy and leadership. The lesson was that voters care about results, and an electorate supporting a fringe party out of frustration won’t blithely follow that party into an abyss.

Sunday’s result confirms that conclusion, as voters came home to a centrist party that now aims to compete for votes rather than taking them for granted as part of an ideologically neutered left-right coalition. That should be good news for worried European politicians. Voters will give mainstream parties plenty of opportunity to reform themselves, but the parties have to listen to the voters.

Russia emerging as new player in Middle East balance of power David Goldman

Moscow’s sale of a better defense system to the Saudis than to its “ally” Iran is consistent with the pattern of its attempts to influence outcomes in the region.

Remarkably little comment attended the strangest outcome of Saudi King Salman’s four-day visit to Moscow in early October, namely Russia’s sale of its top-of-the-line S-400 air defense system to a country whose relations with Russia have been hostile until recently. It was strange because Iran, habitually characterized as Russia’s “ally” in Western media, was permitted to purchase a much older and inferior Russian system, the S-300.

Not only the Kingdom of Saudi Arabia, but also Russia’s Cold War adversary Turkey will buy the far more advanced S-400, a “game-changer,” as former Pentagon official Stephen Bryen described it in an October 13 analysis for Asia Times. The S-400 is highly effective against the sort of cruise and ballistic missiles that Iran will be able to field during the next several years.

Russia’s carefully-calibrated weapons sales to the opposing Persian Gulf powers follows a pattern established by China over the past decade. China sells missiles to Iran as well as to the KSA, but it sells more advanced missiles to the Saudis, because the Saudis are the weaker of the two adversaries, and China wants to maintain the balance of power. Russia has been called a “spoiler” in the Middle East so often that the term clings like a Homeric epithet. In recent weeks, Russian policy has shifted to classic balance-of-power politics.

“Peace can be achieved only by hegemony or by balance of power,” Henry Kissinger likes to say. Powers that cannot exercise hegemony, in other words, attempt to maintain a balance that contains the ambitions of prospective rivals. The classic example is Britain, which allied with Prussia against France through the Napoleonic Wars, and then allied with France against Germany at the turn of the last century. Britain could not aspire to be a hegemon on the European continent, so it sought to prevent either France or Germany from dominating. Russia does not have the wherewithal to replace the United States as a regional hegemon, but it does have considerable means to affect the balance of power.

On October 12, Russian Foreign Minister Mikhail Bodanov offered to mediate between Iran and the KSA, but talk is cheap. Installation of top-of-the-line weapons systems is not. The United States belatedly offered the Saudis its THAAD (Terminal High Altitude Area Defense) system, probably as a rushed response to the Russian offer. In Dr. Bryen’s analysis, the S-400 is simply a better system, and gives the Saudis an important edge in any prospective conflict with Iran.

The New York Times’s Double Standard on the NFL The paper says pro football players have speech rights it denies to its own reporters. By William McGurn

Good thing for Colin Kaepernick he isn’t a New York Times reporter.

As quarterback for the San Francisco 49ers, Mr. Kaepernick was backed by NFL Commissioner Roger Goodell in 2016 when he chose not to stand during the national anthem. Mr. Goodell said that while he didn’t necessarily agree with Mr. Kaepernick, “players have a platform, and it’s his right to do that.” One year and many NFL game day protests later, Times executive editor Dean Baquet has just made clear to his own employees: There will be no taking of knees if it embarrasses the Times.

Which puts the Gray Lady in a pickle. When Mr. Kaepernick began protesting the national anthem, the Times ran a few opinion pieces but refrained from staking out an official position. That changed after Donald Trump weighed in. At a Friday night rally in Alabama last month, the president asked: “Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say ‘Get that son of a bitch off the field right now?’ ”

In response, the Times blitzed. A Sept. 24 editorial called “The Day the Real Patriots Took a Knee” asserted the president’s remarks about the flag and players were yet more evidence of his disregard for “the legitimate and deeply felt fears and grievances of minority Americans.”

It piled on, accusing Mr. Trump of “implying that players give up their right to free speech when they put on a uniform.” For good measure, it went on to impugn Treasury secretary Steven Mnuchin for suggesting “players should keep their mouths shut in the workplace.”

We get it: Employers have no right to restrict their employees’ speech.

But one tiny question: Why do Times reporters not enjoy this same right?

Because within three weeks of blasting those who believe NFL players have no First Amendment right to use the football field to make political statements, Mr. Baquet issued a memo about social media warning Times reporters not to use their “vibrant presence” on these platforms to express their own, uh, deeply felt fears and grievances.

Mr. Baquet says “the key points” are as follows:

• “In social media posts, our journalists must not express partisan opinions, promote political views, endorse candidates, make offensive comments or do anything else that undercuts The Times’s journalistic reputation.

• “Our journalists should be especially mindful of appearing to take sides on issues that The Times is seeking to cover objectively.

• “These guidelines apply to everyone in every department of the newsroom, including those not involved in coverage of government and politics.”

In its NFL editorial, the Times approvingly quoted New England Patriots owner Robert Kraft, who defended his players’ right to “peacefully affect social change and raise awareness in a manner they feel is most impactful.”

For its own employees, the Times has now chosen a different approach.

“We consider all social media activity by our journalists to come under this policy,” the memo warned. “While you may think that your Facebook page, Twitter feed, Instagram, Snapchat or other social media accounts are private zones, separate from your role at The Times, in fact everything we post or ‘like’ online is to some degree public. And everything we do in public is likely to be associated with The Times.” CONTINUE AT SITE

Trump’s Iran speech finally sets facts of sham nuclear deal straight By Claudia Rosett

President Trump has not yet pulled America out of the 2015 Iran nuclear deal. But he just took a vital step toward doing so, in a landmark speech on Friday that in plain language dismantled the dangerous fictions on which the deal was built.

Chief among these fictions is the notion that a nuclear program in the hands of Iran’s predatory, terror-sponsoring Islamist regime could ever be “exclusively peaceful.” This was a phrase repeated endlessly by President Obama’s diplomatic team during the negotiating of the Iran nuclear deal, and it is enshrined in the final text, as if saying could make it so.

Iran has already given the lie to this fantasy, most prominently by continuing to test ballistic missiles. These are delivery vehicles that are only likely to be of use if Iran employs its “exclusively peaceful” nuclear program as cover to acquire nuclear warheads.

Citing the case of Iran’s longtime partner in missile proliferation, North Korea, Trump warned that it is folly to downplay Iran’s ambitions: “As we have seen in North Korea, the longer we ignore a threat, the more dangerous that threat becomes.”

Ensuring that Washington will now pay attention, Trump announced in his speech that he will not recertify that Iran is in compliance with the agreement. Under the Corker-Cardin law, passed in 2015 and officially dubbed the Iran Nuclear Agreement Review Act, this decertification kicks the problem to Congress, where lawmakers will have 60 days to come up with solutions.

President Trump has not yet pulled America out of the 2015 Iran nuclear deal. But he just took a vital step toward doing so, in a landmark speech on Friday that in plain language dismantled the dangerous fictions on which the deal was built.

Chief among these fictions is the notion that a nuclear program in the hands of Iran’s predatory, terror-sponsoring Islamist regime could ever be “exclusively peaceful.” This was a phrase repeated endlessly by President Obama’s diplomatic team during the negotiating of the Iran nuclear deal, and it is enshrined in the final text, as if saying could make it so.
Iran has already given the lie to this fantasy, most prominently by continuing to test ballistic missiles. These are delivery vehicles that are only likely to be of use if Iran employs its “exclusively peaceful” nuclear program as cover to acquire nuclear warheads.

Citing the case of Iran’s longtime partner in missile proliferation, North Korea, Trump warned that it is folly to downplay Iran’s ambitions: “As we have seen in North Korea, the longer we ignore a threat, the more dangerous that threat becomes.”

Ensuring that Washington will now pay attention, Trump announced in his speech that he will not recertify that Iran is in compliance with the agreement. Under the Corker-Cardin law, passed in 2015 and officially dubbed the Iran Nuclear Agreement Review Act, this decertification kicks the problem to Congress, where lawmakers will have 60 days to come up with solutions.

It should help focus their minds that Trump stipulated: “In the event we are not able to reach a solution working with Congress and our allies, then the agreement will be terminated.” He noted that, as president, it is his prerogative to cancel America’s participation in this deal “at any time.”

Pulling America out of the deal would be the best course by far, and that is where any honest debate ought to end up. This signature foreign-policy agreement of President Obama, officially known as the Joint Comprehensive Plan of Action, or JCPOA, is a bargain so flawed that there is realistically no way to fix it. Haggled out with Iran by six world powers — Russia, China, France, Britain, Germany and the U.S. under Obama (in this instance leading from in front) — the JCPOA is thick with complexities that obscure the basic tradeoffs with which Obama enticed Iran to agree to this deal.

But there’s a simple bottom line. President Obama promised that on his watch Iran would not get nuclear weapons. Obama achieved this by cutting a deal that effectively paid off Iran upfront to delay a nuclear breakout until after he left office. He did this at the cost of greatly fortifying Iran’s predatory, Islamist regime, without ending its nuclear program. That is what Trump has inherited. As he accurately summed it up: “We got weak inspections in exchange for no more than a purely short-term and temporary delay in Iran’s path to nuclear weapons.”

The terms of this deal virtually ensure an Iranian nuclear breakout, on a scale and with a reach that will be even more dangerous when it comes. Without requiring any change in the nature of Iran’s terror-sponsoring regime, the deal dignified Tehran on the world stage, greatly eased global sanctions, allowed Iran access to more than $100 billion in frozen oil revenues, and topped that off with the related settlement from the U.S. of $1.7 billion, shipped secretly to Iran in cash.

The JCPOA also came crammed with sunset clauses, set to eliminate restrictions on everything from commercial-scale enrichment of uranium, to the design and launch of ballistic missiles “capable of carrying nuclear weapons.” It is also full of loopholes, such as the wording in which Iran is not required, but merely “called upon,” to stop developing nuclear-capable missiles.

To maneuver this unpopular deal past the American public and through the political mills of Washington, Obama’s White House skipped submitting it the Senate for ratification as a treaty — where it would almost certainly have been voted down.

On cutting ObamaCare funding, Trump has the law on his side By Jonathan Turley,

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and served as lead counsel in the successful challenge to the Obama insurance payments under the Affordable Care Act.

There appears no end to the villainy of President Trump. This week, California Attorney General Xavier Becerra denounced Trump as nothing short of a saboteur while members have lined up before cameras to denounce his latest executive order as tantamount to murder.

His offense? He rescinded an unconstitutional order by President Obama and restored the authority of Congress over the “power of the purse.” The response to what Becerra called “sabotage” has been a call for a rather curious challenge where Democrats want the judicial branch to enjoin the executive branch from recognizing the inherent authority of the legislative branch. It is an institutional act that would have baffled the Framers.

I had the honor of serving as lead counsel, with an exceptionally talented team from Capitol Hill, for the U.S. House of Representatives in its challenge to unilateral actions taken by the Obama administration under the Affordable Care Act. In a historic ruling, U.S. District Judge Rosemary Collyer ruled in favor of the House of Representatives and found that President Obama violated the Constitution in committing billions of dollars from the U.S. Treasury without the approval of Congress.

The money went to insurance companies, even though Congress had rejected an Obama administration request for the appropriations. The case is pending on appeal, but the Trump administration has filed a notice with the D.C. Circuit that it was rescinding the order found unconstitutional by the federal court. The result of the order is to return the matter to the place where it should have remained: in Congress.

The ruling of the federal court was a triumph for those of us who have warned for years about the erosion of the separation of powers within our constitutional system. That high point in the judiciary followed a low point in Congress. In a State of the Union address, President Obama announced that he would circumvent Congress after it failed to approve measures in immigration and health care that he demanded.

This alarming declaration was met with an equally alarming response of rapturous applause by members thrilled by the notion of their own institutional obsolescence. President Obama proceeded to then assume the core defining power left to Congress under the “power of purse” in Article I of the Constitution. When Congress refused to appropriate money for subsidies for insurance companies, President Obama ordered the money from the Treasury through a claim of executive authority.

As affirmed by the federal court, the actions of President Obama directly violated the “power of the purse” clause of the Constitution, which provides that “no money shall be drawn from the Treasury but in consequence of appropriations made by law.” It also violated the federal law itself and the court declared that such actions “cannot surmount the plain text [of the law].”

Defense Reality and Mythology By Herbert London President, London Center for Policy Research

Tocsin is in the air. The North Korean representative to the U.N. said President Trump’s recent speech was tantamount to a declaration to war. While this kind of verbal saber-rattling has occurred in the past, it is worth asking whether U.S. forces have the technological superiority to thwart any potential foe and the nuclear superiority to deter a “first strike.”

While the U.S. still enjoys some technological advantages over potential adversaries, that advantage is declining at a rapid rate. An American Enterprise Institute study noted that “The diffusion of advanced military technology and the means to manufacture it have accelerated. Capabilities in which the United States once enjoyed a monopoly (e.g. precision munitions and unmanned systems) have now proliferated…to virtually all U.S. adversaries in short order; Nations such as China and Russia have made concerted efforts to out pace and counter the military – technological advancements of the United States.”

While AEI study is not dispositive and several military officials have criticized the conclusion, no one disputes the fact that U.S. superiority is being challenged. Similarly, the once dominant nuclear arsenal of the U.S. is in descent. At the 2009 new Start Treaty meeting, President Barak Obama traded away U.S. nuclear superiority in what was a high risk experiment in unilateral disarmament. This decision was in keeping with his adolescent dream of a world without nuclear weapons.

However, President Obama made his decision without the consent of Congress or any consultation with the American public. Since the 2009 Start Treaty, Russia has tested several new mobile ICBM’s such as the SS-25 and the RS26, in violation of the treaty, but the Obama administration chose to ignore the violations. Moreover, the Chinese buildup of its Theater Strategic Rocket Force is a matter of concern, but the magnitude of the problem is concealed by the secrecy of stockpiling. Added to this equation is the growing nuclear arsenal of North Korea and Iran, both basically allied in targeting the U.S. with its fledging nuclear weapons.

Despite the fact military assessments invariably refer to the strength of U.S. armed forces, training budgets are at alarmingly low levels. One plausible explanation for the naval accidents in Asia is congestion in the Straits of Malacca and the lack of adequate training for naval officers in the region. Moreover, conventional war may be a condition of the past. It is conceivable that cyber warfare is in our future which could lead to a breakdown of the American economy.