All posts by Thomas L. Knapp

America in Transition: How Joe Biden Can Score a Major Foreign Policy Win on Day One of His Presidency

IAEA Director General Yukiya Amano briefs the Security Council, 04/02/19. Photo by Eskinder Debebe.  Creative Commons Attribution 2.0 Generic license.
IAEA Director General Yukiya Amano briefs the Security Council, 04/02/19. Photo by Eskinder Debebe. Creative Commons Attribution 2.0 Generic license.

“President-elect Joe Biden has promised to rejoin the Iran nuclear deal,” writes Tom O’Connor at Newsweek. “But a return is set to face challenges on both sides as they attempt to rebuild trust in a radically different environment than five years ago.”

Those challenges? “For one, Iranian officials see no room for renegotiation of the Joint Comprehensive Plan of Action (JCPOA),” notes O’Connor (JCPOA is the formal name of the “Iran nuclear deal”).

For another, Biden has conditioned his promise on Iran first returning to its own duties under the deal, commitments it abandoned after the US president Donald Trump abrogated the agreement and pressured US allies to start ignoring their obligations too.

Even assuming fault on both sides for the deal’s collapse — and that’s a false assumption — Biden’s current approach is a recipe for  beginning his presidency with failure to deliver on a major campaign promise.

There’s a big foreign policy win available here, if Biden is willing to claim it. And in doing so he would enjoy the support not only of the law, but of more than 90% of the US Senate.

In support of Trump’s supposed withdrawal from the deal, critics cite a 2015 State Department letter asserting that “The Joint Comprehensive Plan of Action (JCPOA) is not a treaty or an executive agreement, and is not a signed document.”

Which is true.

But it’s also true that on July 28, 1945, the US Senate ratified the United Nations Charter by a vote of 89 to 2.

And that the United Nations Security Council codified the “nuclear deal” as Resolution 2231 on July 20, 2015.

As a duly ratified treaty, per Article VI of the US Constitution, the UN Charter is part of “the Supreme Law of the Land.”

Per that treaty, UN Security Council Resolutions are binding on all UN member states.

QED, the JCPOA is US law and will remain so until and unless the Security Council repeals Resolution 2231, or the United States withdraws from the United Nations.

On his first day in office — preferably in his inauguration speech — Biden should announce that the United States will immediately resume meeting its obligations under the JCPOA. No pre-conditions. No negotiations. No dodges. It’s the law, and the Biden administration will abide by it, full stop.

He should also announce that if Iran’s government doesn’t do likewise within 90 days, the US will invoke the deal’s dispute resolution process, which includes a “snap back” clause potentially leading to the re-imposition of sanctions.

The JCPOA isn’t just a good idea, it’s the law. Biden should follow it, celebrate a win, then work toward even bigger wins such as mutual diplomatic recognition, free trade, and peace between the US and Iran after four decades of de facto war.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

American in Transition: Why I’m Not Worried About the Biden/Harris “Gun Control” Talk

Gun photo from RGBStock

A few weeks before the 2020 election, I visited a local gun shop. It was a madhouse. Weapons flew off the shelves as fast as customers could get their wallets out. Ammunition was in short supply too. Why? Well, on the front door, a flyer warned that, if elected, Joe Biden and Kamala Harris would act quickly push to “gun control” legislation through Congress.

“Panic buying” before a big election, just in case, is the norm. That means booming business for gun dealers, but there’s just not much reason for gun owners or would-be gun owners to worry. Other than some ineffectual tinkering around the edges for propaganda purposes, “gun control” just ain’t gonna happen in America.

Not because the right to self-defense (and the corollary right to possess the means of self-defense) is an unalienable and non-negotiable human right, though it is.

Nor because the US Constitution clearly and unambiguously forbids government infringement on the right to keep and bear arms, though it does.

While I love the philosophical and constitutional arguments on the subject, it’s the facts on the ground that really settle the question.

As of 2018, the global Small Arms Survey estimated the number of firearms in civilian hands in the US at 393 million. If evenly distributed, that would be 1.2 guns for each man, woman and child in the country.

They’re not evenly distributed, of course. Per the Pew Research Center, “only” about 30% of Americans own a gun. Call it 110 million.

Here’s how any real public discussion of “gun control” in America is going to go:

Government: Give us your guns.

Gun Owners: No.

Government: No, really,  give us your guns. We passed a law!

Gun owners: Come try to take them and see what happens.

Government: Well, when you put it THAT way …

More than 100 million Americans own nearly 400 million guns, and have no intention of surrendering those guns. Furthermore, Americans can build relatively sophisticated weapons with relatively inexpensive machine tools and/or 3D printers, and very basic firearms with items found in most homes.

Joe Biden and Kamala Harris don’t have to like those facts. They’re facts  whether Joe Biden and Kamala Harris like them or not.

And if they decide to get pushy about it? As few as 1% of those gun owners could, and almost certainly would, make the Civil War look like a day at the children’s petting zoo.

Yes, politicians will make impassioned speeches to roust votes and campaign donations out of the ignorant and fearful. They might even get some token legislation passed for gun owners to ignore and for politicians to ignore gun owners ignoring.

But they know any attempt to impose real “gun control” would be political, and possibly literal, suicide.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

America in Transition: Two Things Donald Trump Can Do to Burnish His Legacy

Donald Trump signing the SUPPORT Act. Public Domain.
Donald Trump signing the SUPPORT Act. Public Domain.

This column assumes that Joe Biden has won the 2020 US presidential election. While that SEEMS like a safe assumption — it would take successful legal challenges in several states to change the outcome — it IS an assumption. I could be writing for naught.

But if Joe Biden is locked in as the next president of the United States, Donald Trump has more than two months remaining in office. During that time, there are several steps he can and should take to burnish his legacy and set himself up to be remembered more kindly than his first four years and ten months in office might otherwise merit. Here are two of them.

First: Trump ran on, and has frequently talked about, “ending the forever wars.” He could deliver on a big chunk of that promise by ordering the US armed forces to withdraw all US troops (other than embassy guard) from Afghanistan and Syria by Christmas.

That order should be accompanied by an explicit warning that generals who drag their feet, comment to the press that they don’t think he “really means it,” etc., will be promptly relieved of duty and replaced by generals who enthusiastically tackle the tasks their commander in chief assigns them. We’ve had four years of resistance from the generals and excuses from bureaucrats. It’s time to get the job done.

Second: Trump has the power to pardon. He should use that power in unprecedented fashion, emptying the federal prisons of non-violent drug offenders and other assorted victims of a “justice” system gone haywire.

In particular, he should pardon (in alphabetical order) Julian Assange, Chelsea Manning, Edward Snowden, and Ross Ulbricht.

Assange and Snowden have been charged, but not yet tried, with telling the American people the truth about their government’s crimes. Manning has been convicted for the same heroic acts. President Obama commuted her sentence, but it’s time to restore her rights and recognize her service to her country.

Ross Ulbricht is serving two life terms without the possibility of parole for the “crime” of running a web site (Silk Road) that saved countless lives by allowing sellers and customers to circumvent the US government’s evil restrictions on the sale and possession of drugs. He’s a political prisoner, full stop. The prosecutors and judge who railroaded him belong in prison. He doesn’t.

President Trump could do a America a huge favor by partially dismantling the war machine and the carceral state with these actions.

Whistleblowers and entrepreneurs should be congratulated, not caged. Non-violent breakers of “victimless crime” laws should be, at a bare minimum, freed. And American troops who signed up to defend America should be withdrawn from places where that’s not what they’re doing and where they have no legitimate business being.

No matter President Trump’s failings, no matter what he may have to answer for, a grateful nation will owe him if he uses his last days in office to leave America freer and more at peace than he found it four years ago.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY