Checks and Balances

Americans have flourished under the freedoms and rules of community life provided by a government with limited enumerated powers that are divided between legislative, executive, and judicial branches to provide checks and balances against abuse of power and a civic culture of mutual respect. As a result, America itself has flourished. In 1900 median American income, valued in 2024 dollars was approximately $18,000 and 40% of the population lived in poverty. In 2024 median American income was $80,020 and 11.1% lived in poverty.  

The share of government spending (Federal, state and local) in the US was approximately 5.5% in 1900 and 37.5% in 2024. Following WWII GDP growth rate declined as government spending rose as a share of GDP. During the 34 years from 1950 – 1984 GDP growth averaged 3.5% per annum while over the next 34 years from 1984-2019 average annual growth rate fell to 2.5%. But the lower growth rate also reflects the burden of increased regulation.

The incoming Trump administration is claiming, with good justification, that the slowing of economic growth reflects excessive government spending and regulation. It has assigned Elan Musk and his new Department of Government Efficiency (DOGE) to reduce Federal government spending and counterproductive regulations.

Some government programs violate or at least stretch its powers as enumerated in the Constitution.  Some regulations fail to pass the cost/benefit test and thus reduce incomes. To identify waste and fraud, DOGE employees have been given access to confidential employee and or beneficiary data bases. “Late Friday, a federal judge in Washington declined to block DOGE access to Labor Department data but expressed concern about young DOGE staffers who ‘never had any training with respect to the handling of confidential information’ accessing ‘the medical and financial records of millions of Americans.’ And on Saturday, a federal judge in New York temporarily blocked DOGE staff from accessing sensitive payment systems at the Treasury Department, citing the risk of ‘irreparable harm.’

“After the New York ruling, Musk defended DOGE methods, tweeting that his team had sought to add routine information to outgoing Treasury payments to help spot fraud — “super obvious and necessary changes” that “are being implemented by existing longtime career government employees, not anyone from @DOGE.”   “Washington Post – DOGE and Musk goals”

 I support modernizing administrative systems to improve government employee’s productivity (i.e. reduce the number of employees needed for a task) and I support eliminating functions that exceed government’s enumerated powers or do not serve a clear need that can only be met by government, and I support eliminating regulations that fail cost/benefit criteria. Examining these functions and systems and associated databases are surely part of such a careful determination.  But what if Musk and Trump have other objectives such as driving out or punishing their enemies?

“The Trump administration is giving hints it may ignore a federal judge’s ruling restricting Elon Musk and his associates in DOGE, the Department of Government Efficiency, from accessing the Treasury Department’s critical payment systems. In his decision, U.S. District Judge Paul Engelmayer warned about the ‘disclosure of sensitive and confidential information and the heightened risk that the systems in question will be more vulnerable than before to hacking.’ Vice President JD Vance responded to the ruling by writing on social media that ‘judges aren’t allowed to control the executive’s legitimate power.’ Elon Musk also called for the judge to be impeached.”   “Democracy Now – constitutional crisis Trump admin hints it will ignore judge’s ruling to block Musk from Treasury records”

Trump has been issuing executive orders that ignore Congress’s authority (such as the adoption of tariffs, and impounding congressionally authorized expenditure). A federal judge in Rhode Island, John J. McConnell Jr., has ordered the Trump administration to immediately restore federal funds that were frozen under a controversial directive. This followed evidence that the administration failed to comply with a prior temporary restraining order (TRO) issued in January, which prohibited freezing federal grants and assistance programs. The funding freeze, initiated by a memo from the Office of Management and Budget (OMB), affected programs tied to the Inflation Reduction Act and bipartisan infrastructure law, as well as initiatives like Head Start and health research grants.

While the legality of Trump’s executive actions in these areas is doubtful, its wisdom is totally lacking. Collective (i.e. government) action requires broad consensus which is obtained by public discussion in which all views are aired. Cutting off programs and expenditure in the middle of existing contracts bound to be harmful to those involved and to generate public outrage quite unnecessarily. It’s probably illegal as well as just bad policy.

Each administration has the right to put managers in place who support its programs. But the pure execution of administrative functions is not, or should not be, a partisan matter. In the earlier years of our republic working for the government was often a way of rewording family or party members. The resulting quality of the services performed was often poor.

The Pendleton Civil Service Reform Act, signed into law by President Chester A. Arthur on January 16, 1883, marked a turning point in U.S. federal employment practices. It was enacted to dismantle the corrupt “spoils system,” which awarded government jobs based on political loyalty rather than merit.

  • The act required certain federal positions to be filled through competitive examinations, ensuring that candidates were selected based on their qualifications rather than political connections.
  • It prohibited the firing or demotion of employees for political reasons and banned mandatory political contributions (known as “assessments”) from federal workers.
  • The act established the Civil Service Commission to oversee the implementation of merit-based hiring and enforce its provisions.

Initially, only about 10% of federal jobs were covered, but presidents were allowed to expand its reach. By 1980, over 90% of federal positions fell under its protections. President Trump intends to roll back such protection to make more political appointment. Is this to insure that he can appoint managers committed to the faithful execution of his policies? Why then have many of his cabinet appointments been so unqualified to care out their responsibilities? An even bigger question is why the Republican controlled Congress has silently approved their appointments and why have they remained silent in the face of Trump’s many violation of law?

Kash Patel, Trump’s nominee to head the FBI, has publicly outlined plans to go after individuals he perceives as part of the “deep state,” including journalists, Democrats, and former Trump allies. Trump has asked for the names of all FBI agents who work on the investigation of his violations of the law and he threatens to fire them. This sound more like an administrative coup than putting a strong team in place to “make America Great again.”

To take one example of executive actions that undermine rather than serve America interests, consider his strong support of Israel’s war against Palestinians, which even goes beyond Biden’s “blank check” support for Israel. After his threats to Mexico, Canada, Greenland, and Panama, he now plans to take control of Gaza, displace its two million Palestinian residents, and transform the area into a U.S. owned resort-like destination. In interviews, Trump described Gaza as having the potential to become “the Riviera of the Middle East” and suggested relocating Palestinians to neighboring countries like Jordan and Egypt, citing safety and redevelopment needs. He emphasized that Palestinians would not have a right to return under this plan, claiming they would be resettled in “better housing” elsewhere. Thus, Trump would join Israel’s ethnic cleansing of Palestinians directly.

On February 11, when meeting with Trump at the White House, Jordanian King Abdullah II was told that Jordan risked billions of dollars in U.S. foreign aid that Amman receives every year if he did not back Trump’s Gaza displacement plan and admit millions of displaced Palestinians. Later Trump softened but did not withdraw his threat.

Trump has taken a number of other measures that signal his supporters will be exempt from the law. He pardoned approximately 1,500 people connected with the Jan 6 attack on the capital. “Rod Blagojevich and Eric Adams got off because they played the Trump card. Is that how justice now works in America?  “Trump-Rod Blagojevich-Eric Adams lawfare corruption pardon”

“In a further jaw-dropping move…, Trump issued an Executive Order that suspends the Foreign Corrupt Practices Act (FCPA) for 180 days, giving a greenlight to megabanks on Wall Street and other U.S. corporations to bribe officials in foreign countries to get business deals approved.”  “Trump gives the greenlight to Goldman Sachs and JPMorgan Chase to return to bribing foreign officials”

To express his anger at what he considered disloyalty by former Trump administration officials such as Mike Pompeo, Brian Hook, John Bolton, and Mark Esper, Trump terminated their security protection.

All of these reflect Trump’s willingness to punish those who cross him. This provides a possible explanation for why Republicans have remained silent in the face of Trump’s violations of Congress’s laws and quietly approved unqualified cabinet appointments. They are afraid of his retribution.

So what do we do about DOGE’s freezing projects and payments and accessing confidential data bases. Is it for good or evil?

Checks and balances should be supplemented by independent inspectors and auditors. But Trump recently fired 17 Inspectors General from various federal agencies. All members of DOGE given access to confidential data should receive security clearances. Edward Coristine, a 19-year-old member of Elon Musk’s Department of Government Efficiency (DOGE), launched an image-sharing website called tesla.sexy in 2021. The site featured custom “shitposting” web addresses that redirected to content hosted on his platform. Some of these URLs referenced inappropriate and illegal content, including child sexual abuse material and racist themes.  He was recently appointed as a senior adviser to the State Department’s Bureau of Diplomatic Technology without a security clearance!!!

I am perplexed. I would like DOGE to identify waste and fraud and help reduce the scope of government and make what remains more efficient and effective. Understaffing air traffic control under Biden didn’t work out so well for the 67 people who died when a helicopter crashed into a passenger plane at Reagan National. Proper government functions should be properly performed.  But I do not want it to become a weapon of a thin-skinned bully punishing those who oppose him. Among other things the president should not be able to remove oversight inspectors or otherwise weaken independent scrutiny.

Palestine

Starting in July 1995, I led IMF technical assistance teams to Israel and the West Bank and Gaza to help implement the provisions in the Oslo Accords to establish a monetary authority (Central Bank). These visits were at the invitation of the Israeli government and began and ended with briefing meetings with officials at the Bank of Israel in Jerusalem. I later led the IMF’s Financial Stability Assessment of Israel. The last of my eleven visits was in December 2013.

Following Israel’s occupation of the West Bank and Gaza Stripe (WBGS) in 1967, it allowed Palestinian skilled workers to fill labor needs in Israel. In the mid 1980s 40% of the Palestine workforces was employed in Israel. But prior to my first visit Israel closed that door and began importing workers from North Africa to fill the resulting shortage.

Looking back, in light of Israels on going attacks on Gaza, West Bank, Lebanon, Syria and Iran, (what a Financial Times article headlined as “Israel’s Spiraling Offensive” https://www.ft.com/content/cbe18019-752f-4770-be40-fe4b2dc5abd7?d )  I am surprised at what we closes our eyes to officially and unofficially.

We knew that Jewish settlements in the West Bank (and earlier in Gaza) on land stolen from Palestinians were in violation of the Fourth Geneva Convention, which prohibits the transfer of an occupying power’s civilian population into occupied territory. But in our Financial Stability Assessment of Israel, we ignored the financial implications for Israeli bank loans to setters on the grounds that the Israeli government would bail them out for any loses incurred. Looking back, I don’t really know where this judgement came from, but we understand that we were to ignore the Settlements.

During one of my missions we saw a new Jewish settlement being born before our eyes. A few dozen Jewish families had parked their trailers on Palestinian land. When Palestinians protested the theft of their land, the Settlers call on the Israeli Army for protection. Subsequently they would build permanent houses on this property.

On most of my missions to the WBGS we stayed in the famous American Colony Hotel in East Jerusalem (Laurence of Arabia had stayed there as had Peter O’Toole while later filming the movie). From there we had to drive each day to Ramallah, the headquarters of the Palestine Authority and future home of the Palestine Monetary Authority we were helping create.  Two features of our daily drive confronted us with how Israel was treating the Palestinians in the territories it occupied.

Israel was building separate Jewish only highways through the West Bank and to Gaza. Most Palestinians working in Ramallah commuted each day on their own roads.  There were separate entry check points for Palestinians and for Jews (and the international community such as us). We sailed through the Jewish entry, where our UN passports were quickly reviewed, while it took an hour or two for most Palestinians lined up at their check point to enter every day. I was amazed that Palestinian anger at such treatment was so subdued and seldom expressed.

Our several trips to Gaza and my meeting with Yasser Arafat and near abandonment in the desert are a fascinating story in their own right that you can read in my book:  “Palestine-Oslo Accords – My Travels to Jerusalem” Hearing the explosion of a terrorist attack on a Jerusalem bus while eating breakfast in the American Colony Hotel and subsequently fleeing to Jordan across the tiny Allenby Bridge over the Jordan River are also discussed in the same book.

Should the US Still Police the World?

This was a debate between Bret Stephens and Jamie Kirchick for the affirmative and Matt Taibbi (without his baseball cap) and Lee Fang for the negative. You can and should watch it here: https://open.substack.com/pub/bariweiss/p/a-free-press-live-debate-on-foreign?r=1n8osb&utm_campaign=post&utm_medium=web

The affirmative side (Jamie and Bret) only seemed to understand policing in military terms. The idea that there might be good and bad policing never seemed to cross their minds. Bearing in mind that I was a member of the Coalition Provisional Authority in Iraq for its final two months and made 22 visits to Afghanistan from 2002-2013 (not to mention my years of work with the IMF in Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Serbia, and South Sudan), my experience has been that when led by our military, which is quite good at fighting, our policing is generally inept (to understate it considerably). Warren Coats life and travels

Jamie and Bret’s blindness sadly reflects the single-minded understanding of neocons of what our leadership role in the world should look like (military involvement and wars).  This blindness is shockingly visible in the debate. America must and should be involve in the world we are part of. We should promote the values of peace and freedom that have America the envy of the world. That means actively working to be a good neighbor and to help fashion the rules and norms of cross border cooperation (for the cross-border movement of goods, people, digital messages and value, etc.). We potentially have a lot to offer in such a role in our own self-interest and for the betterment of the world.

But when we have led with our Army, our “leadership” has been rotten for the world and for us. We are bad colonial rulers as I have seen first hand. These points were made by Matt and Lee who mopped the floor with Bret and Jamie. By the vote of those listening, Matt and Lee won the debate but were still supported by a minority of those voting. God help us.

More recently, our unconscionable support of Israel’s vicious slaughter of its neighbors in Gaza and the West Bank and now its invasion of Lebanon, has destroyed any remaining respect we had as a world leader.  https://wcoats.blog/2024/10/05/score-card/

From the River to the Sea–One State

Under Benjamin Netanyahu and his far-right coalition government, Israel is committing suicide. These are my thoughts on how it might be saved.

Israel’s response to Hamas’s brutal attack on Israel on Oct 7 has been the most inhuman effort to wipe out a people since the Holocaust. Netanyahu called for revenge “implementing a ‘full siege’ of the densely populated Gaza Strip — ‘no electricity, no food, no fuel,’ said Defense Minister Yoav Gallant — as part of a campaign that is aimed at destroying Hamas’s military capabilities” Wash Post “Israel-Gaza war Hamas”  As of May 14th “Palestinian health authorities say Israel’s ground and air campaign in Gaza has killed more than 35,000 people, mostly civilians, and driven most of the enclave’s 2.3 million people from their homes.” https://www.reuters.com/world/middle-east/gaza-death-toll-how-many-palestinians-has-israels-campaign-killed-2024-05-14/

Virtually every country in the world except the US has condemned Israels genocide as have many Jews. The Washington Post has an excellent account of a mother and son coping with opposite views on these events: https://www.washingtonpost.com/nation/2024/05/19/israel-gaza-university-protests-arrests/

The International Criminal Court (ICC) has applied for warrants for the arrest of Hamas leader Yehiya Sinwar, Izzedine al-Qassam Brigades leader Mohammed Diab Ibrahim al-Masri and Hamas political chief Ismail Haniyeh, as well as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in their conduct in these attacks. US congressional and administration officials have attacked the ICC’s initiative (though it is supported by every legal authority I respect) and threatened retaliation in a display of the hypocrisy increasingly undermining US status in the world.

Patrick Leahy, author of the Leahy Law, which “prohibits U.S. aid to any unit of a foreign security force if the secretary of state has “credible information” the unit has committed a gross violation of human rights: murder, rape, torture, forced disappearance or other flagrant denials of the right to life, liberty and personal security.” states that Israel is guilty of such violations and the law should prevent Biden from sending weapons to Israel. https://www.washingtonpost.com/opinions/2024/05/20/israel-leahy-human-rights-aid/

The recent attack and counterattack were continuations of 70 years of unresolved relations between the areas Palestinian and Jewish residents. Netanyahu remains adamantly against revising the Two State Solution (Oslo Accord) future and Saudi Arabia is equally insistent on it. Ireland, Norway, and Spain will officially recognize Palestine as a state from next week and other countries are expected to follow. 

The so far unsurmounted challenge was not a result of the gathering of Jews in what is now Israel, but the determination to make it a democratic Jewish State. Religious states, such as Iran, are always problematic. Israel can only be a democratic Jewish state by eliminating one way or another most Palestinians. American’s founding fathers had the wisdom to prohibit that by putting the separation of church and state in our constitution.

If Israel gave up being a Jewish state it could remain democratic and absorb the entire area from the River to the Sea. And every resident would receive the same protection of the law and equal rights. It should consider a federal structure in which smaller districts with local administrations might well be predominately Muslim or Jewish. https://wcoats.blog/2024/01/19/one-state-solution-for-palestine-israel/

Happy Birthday to me

Today I have lived for 82 years (29,848 days plus however many leap year days there have been). So please indulge my reflections on that life.  If you are really interested in more details, you can read my Autobiography being assembled by my friend Odell Huff on Kindle books (probably available in July). And or you can read any or all of my five travel books on my work in Afghanistan, Bosnia, FSU, Iraq, Kosovo, and Palestine, https://www.amazon.com/s?k=warren+coats&i=digital-text&crid=WKE7LWMI6LNS&sprefix=warren+coats%2Cdigital-text%2C74&ref=nb_sb_ss_fb_1_12  

It was certainly action packed (from a year in Germany as an high school exchange student, a member of the UC Berkeley Free Speech Movement council in 1964, marriage to Louise Wilkinson while teaching at the U of Hawaii, a Ph.D. from U of Chicago under Milton Friedman, Assistant Prof at UVA, birth of my son and daughter, 26 years at the International Monetary Fund during which I divorced Louise and married Ito Briones and led technical assistance missions to the central banks of over 20 countries). The teacher in me prodded me to share my economic and political thoughts with you in hundreds of blogs https://wcoats.blog/

I genuinely cared about trying to make the world a better place. In some ways it is but in many it is not. America’s role in the world has peaked and is in decline.  Others have tired of being pushed around by a bully who doesn’t pay that much attention to their interests. Sadly, most of the countries I worked in are no better off. On the other hand, the way God made me is now more widely accepted as OK and I have been able to married Ito. What concerns me most today is the lack of civil discourse and the mutual understanding discourse facilitates. Too often we consider those we disagree with bad rather than just wrong, which undermines rather than promotes understanding and cooperation.

But the real reason I, and people my age are generally happier than our younger friends, is, I think, because we have let go and stopped worrying about what we should do next. The fight for us is over (not that we don’t care anymore, but that we know we can no longer do anything about it). So, the political prospects for the next election, the attacks on free speech in the US, the shrinking of the free trade on which our prosperity has depended, the new holocaust in Gaza, while saddening events, wash over us without much personal pain.

What we have and can enjoy are wonderful and entertaining friends with whom we can visit, and dine and chat. Thank you all.

Effective protest

In the face of rising arrests on university campuses of protesters against Israel’s war in Gaza and West Bank, I will explore what forms of protest are proper and effective. I will not address the merits of one view or another as I have already done so in several earlier blogs. I support the measures that will best achieve Israel’s security and prosperity as well as those measures that will best achieve Palestine’s security and prosperity. The two are inseparable.  https://wcoats.blog/2023/10/10/israel-and-the-wbgs-next-steps/

As with international relations more generally, diplomacy is preferred and invariably more successful in the long run to war. War should be the absolute last resort when every effort at diplomacy has failed, if at all.

What does this mean for the war in Gaza and between Israel and its West Bank and Gaza Strip (WBGS) neighbors more generally? Diplomacy begins with correctly understanding the views of the other side. It involves talking with each other. American University protests are largely by students protesting Israel’s behavior vis a vis Hamas and more broadly its Palestinian neighbors.

“The students are protesting against Israel’s actions in the war with Hamas. The Columbia University Apartheid Divest coalition, which consists of more than 100 student groups, is calling for the university to financially divest from companies and institutions that ‘profit from Israeli apartheid, genocide and occupation in Palestine’…. Protesters camping on the university lawn say they believe the war in Gaza amounts to ‘genocide’ of Palestinians….

“’I’m here continuing the Jewish tradition of standing against oppression and injustice, especially as we approach Passover, a holiday that celebrates our own liberation and commits us to fighting for everyone else’s,’ the Jewish Voices for Peace at Columbia said in an online statement.”  https://abcnews.go.com/US/columbia-university-student-protests-israel-gaza-war-continue/story?id=109493377

These protestors clearly have something to discuss with U of Columbia’s Administration. I have no idea whether they are or not. Peaceful public demonstrations of support for demands to impress the other side with the existence of broad support is certainly an appropriate and often effective part of pressing demands. Public debate of the pros and cons of these demands, as guaranteed by our First Amendment right to free speech, can be a powerful way to refine demands and to educate the public of their merits.

But our freedom of speech has limits. We may not yell “Fire” in a theater in which there is no fire. We may not credibly threaten physical harm as in “Kill the Jews.”  On the other hand, the charge that damning the Israeli government for its war in Gaza (or any other unwanted policy) is antisemitic is as wrong as charging me with anti-Americanism for damning some of President Biden’s policies (such as using my tax money to provide the Israeli army with weapons with which they are killing women and children in Gaza).

But many protestors at Columbia U sat up tents on the campus in violation of university rules and on April 18th more than 100 of them were arrested and removed from the campus. The right to free speech is not the right to violate the law and Universities (or other property owners) have the right to remove violators. The boundaries for the proper right to free speech are set out in the following article by FIRE’s President Greg Lukianoff https://greglukianoff.substack.com/p/hypocrisy-projection-civil-disobedience?r=1n8osb&utm_medium=ios&triedRedirect=true

When protestors feel so strongly about an issue that they knowingly break the law to dramatize their position, they must expect and accept the legal consequences. But this is the equivalent of going to war when the prospects for diplomacy have been exhausted. An extreme example was the self-immolation of US Airforce officer, Aaron Bushnell, in front of the Israeli Embassy in Washington DC. “He was a 25-year-old serviceman who, on February 25, 2024, set himself on fire as a form of protest against what he described as the experiences of Palestinians at the hands of their colonizers and declared that he would no longer be complicit in genocide.” Self-immolation of Aaron Bushnell – Wikipedia

Today’s student protests, most of which have been peaceful and legal, are often compared to the Free Speech Movement at the University of California, Berkeley in 1964, in which I participated. Traditionally, meaning at least during the time I was a student there, we sat up our recruiting tables along Bancroft Avenue near its intersection with Telegraph Avenue just outside the campus.

On September 14, 1964, Dean of Students Katherine Towle “announced that existing University regulations prohibiting advocacy of political causes or candidates, signing of members, and collection of funds by student organizations at Bancroft and Telegraph would henceforth be ”strictly enforced.” FSM Leaflet: Chronicle of the Free Speech Controversy (fsm-a.org)

We, and by we I mean students across the entire political spectrum, protested. Within a week most all student groups, including the University Young Republicans of which I was President, loosely organized into a United Front for presenting our “demands” to the Dean.

On September 27, 1964, the United Front held an all-night vigil on the steps of Sproul Hall. These steps, which became a major staging place for Free Speech Movement (FSM) speeches and demonstrations, are midway between the Telegraph and Bancroft Avenue intersection and Sather Gate. On September, 30 five students who refused to remove their card table were indefinitely suspended from the University. The next day, October 1, during a rally in front of Sproul Hall, Jack Weinberg was arrested for refusing to leave his CORE table. When he was put into a police car, students immediately surrounded it and prevented it from leaving as students began to speak to the crowd from the roof of the police car and the Sproul Hall steps. The next day the student crowd grew to 3,000 and the Alameda Country police force had grown to 500.

On October 3, leaders of Berkeley’s political organizations met on the Sproul Hall steps and formed the Free Speech Movement. Each group had a member on its council and thus I was a member of the FSM Council by virtue of being President of the University YRs. Days of speeches on these steps followed. On one occasion my address to the crowd followed that of Mario Savio the de facto leader of the FSM. Mario was an inspirational speaker and never called for violence. I also stressed the importance of peaceful discussions with the University administration aimed at restoring our traditional political activities on Bancroft.

It should not be surprising that with such a diversity of members on the FSM Council views differed on how to proceed. An important misunderstanding, which persists in the general public to this day, was that Dean Towle’s banning of political activity was not actually a reference to campus activities. The Telegraph and Bancroft location of our club tables was off the campus on city territory and the city had complained to the University that it had not approved such use of its sidewalks.

When control of the FSM Council was taken over by the radical left, Marxist faction, led by Bettina Aptheker, I resigned and joined with the presidents of four other groups genuinely fighting (peacefully) for free speech on campus to help steer student protest toward genuine free speech. It was clear from Bettina’s speeches that she wanted to steer the movement toward violence. Our small group consisted of the presidents of the University Conservatives, University Young Democrats, Young Peoples Socialist League, Young Socialists and myself. We meet at 2:00 am every few days in the office of Professor Seymour Lipset because the YPSL president was his research assistant and had a key to Lipset’s office. Our goal was to represent to the University administration the broader student body commitment to genuine free speech and the exchange of different ideas.

December 2, two to three thousand students peaceably occupied Sproul Hall sitting in for two days. Mario Savio led the occupation with the following words:

“There is a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can’t take part; you can’t even passively take part, and you’ve got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus, and you’ve got to make it stop. And you’ve got to indicate to the people who run it, to the people who own it, that unless you’re free, the machine will be prevented from working at all! Now, no more talking. We’re going to march in singing ‘We Shall Overcome.’” 

And Joan Baez stood there singing it as they walked in. In the early hours of December 4 Alameda police carried out and arrested 800 students.

For some reason our group of five moderate left and right wing groups were never interested in meeting with the Chancellor of the Berkeley campus, Edward Strong. Clark Kerr was the president of the whole university system and we ultimately met with him and made our case that his administration had not done a very sensible thing in clamping down on all of our traditional political activities. We argued that we thought there was a way of both satisfying the law and re-establishing our tradition of open, free speech that would satisfy everybody except Bettina Aptheker. Happily, this is what happened, in part by clarifying that student activities needed to be on the campus and not on the streets of Berkeley.

Sadly, we too often choose war when diplomacy would produce a better outcome.

The Houthi’s and Us

After almost a decade of trying to end Saudi Arabian bombing of the Houthi government in Northern Yemen, President Biden has ordered multiple American bombing attacks on Northern Yemen because of Houthi attacks on ships sending arms to Israel in support of its genocide in Gaza. You might need to read that sentence again to get all its parts.

The first point is that once again the U.S. Constitution’s requirement that the Congress must authorize war before the President can launch one, has been violated. And why did Biden think it necessary to bomb Yemen? Because the Houthi attacks were interfering with our shipment of weapons to Israel in support of Israel’s vicious murder of Palestinians by bombing and starvation. “The group’s official spokesman reiterated that attacks on vessels transiting the Bab el-Mandeb Strait toward the Suez Canal will continue until “Gaza [receives] the food and medicine it needs.” That shouldn’t be hard to accomplish.

Even if the US Congress authorized the American bombing of Yemen, it would be bad policy for the U.S., for the Palestinians, and for Israel. “Weighing additional US responses to Houthi Red Sea attacks” America’s interest should be peace and prosperity for all in the Middle East (and all the world). Supporting Israel’s genocidal war in Gaza does not serve that goal and makes the U.S. complicit in Israel’s genocide. Moreover, Europe’s relative silence and the silence of any of us to Israel’s inhuman war in Gaza (including Biden, Trump and Nikki Haley) makes them all complicit. “War in Gaza exposes European philosophy ethically bankrupt”

The march toward the aridification of Palestinians from Gaza and the West Bank is too unbelievably savage to spell out. Such a fate should not be wished on any people. “Unfolding genocide as ever single person in Gaza goes hungry” “Israel’s Netanyahu its Cromwell”

But this war, following a century of Zionist mistreatment of Palestinians in their homeland, is destroying Israel. “Israel is facing existential threats from inside and out-there’s one solution” Israel is committing suicide. To survive, Israel must become a secular democratic state that give equal rights and fair treatment to all who inhabit it. “One state solution for Palestine/Israel”

U.S. leadership is failing once again and is waning. The lust for war by the hawks has overpowered American self-interest once again. War with Iran can’t be far behind. Taiwan can wait (a bit).  “Gaza and Yemen sound death knell for US led rules based global order”

One State Solution for Palestine/Israel

I have long supported the “two state solution” for the Levant envisioned by the Oslo Accords. I led IMF technical assistance teams that launched the Palestine Monetary Authority as called for in the Oslo Accords. “Oslo-the Play”   After listening to the following presentation by two very knowledgeable Jews, I have changed my mind: Max Blumenthal & Miko Peled 

In supporting a Two State Solution I had assumed that the alternative One State Solution had to be a democratic Jewish state as sought by Zionists, which would have required that Israel eliminate, one way or another, enough Palestinians to establish and retain a large Jewish majority. This is, of course, exactly the policy Israel had followed since its founding and most conspicuously in its current devastating attack on Palestinians in Gaza.  “A one state solution”

Miko Peled, the son of a distinguished Israeli general, proposes a One State Solution in which Israel’s Jews give up its being a Jewish State. Rather Israel, from the River to the Sea, would be a democratic state in which all residence would enjoy equal treatment under the law. But can Zionists be convinced to support a secular Israel of Jews and Palestinian, both the descendance of Abraham. In a recent meeting of the Committee for the Republic, Rabbi Yaakov Shapiroargued that Zionism is antisemitic and should be repudiated:  “Antizionism is not Antisemitic”

In a realistic assessment of the current situation, Natan Sachs argues that neither a one state nor two state solution is possible any time soon because of the lack of trust on both sides after 70 years of oppressive Israeli occupation of Palestinian lands and the vicious attack on Israel by Hamas on Oct 7. However, he argues that continuing to kick the can down the road has been a disaster and must end. The U.S., now providing the bombs with which Israel is slaughtering innocent Palestinian men, women, and children, must order an immediate ceasefire before millions in Gaza starve to death and the war escalates to Lebanon and beyond.  “UN Human Rights Experts warm of unfolding Genocide in Gaza”

The U.S. must also use it considerable leverage to end new Israeli settlements in the West Bank and Settler (and Israeli Army) abuse of Palestinians living there and strengthen the Palestinian Authority. Since WWII the U.S. has given Israel more than $260 billion in foreign assistance (over $3.3 billion annually in recent years), more than to any other country.

“It is time, rather, to couple a political horizon with serious, transformative, solution-oriented yet hard-nosed conflict management: imperfect, messy, halting, unsatisfactory for all, and yet preferable by far to the current reality…. The United States must set the ground rules for the long interim period before true conflict resolution might be possible and enforce these rules vigorously…. Even if a solution to the conflict is currently unavailable, aimlessly kicking the can down the road is not a reasonable strategy. That approach was not conflict management; it was a strategy that allowed the conflict to manage both sides.”  “Peace between Israelis and Palestinian remains possible”

In my view a single state with full citizenship with equal rights for all inhabitance would be the best long run outcome but it will not be easy and will take time for interim Israeli occupation to build mutual confidence for drafting and adopting such a constitution (like England, Israel does not have a written constitution). Jerusalem, Bethlehem, and other parts of greater Israel housing important Jewish, Islamic and Christian sites must be fully protected by religious liberty provisions of the constitution.  While such an outcome will take many years to achieve, interim measures must build to that outcome.

From the River to the Sea

I oppose the death penalty, but on occasion have said (and perhaps written) that I am tempted to relax my opposition for those who deliberately spread lies (or bomb babies). This is my cherished right in the U.S. where we enjoy (still to some extent) our freedom to say whatever we want. I strongly oppose antisemitic statements as well as false claims that condemning acts of the Israeli government is antisemitic. But I defend the right of people to says such things (but would never invite them to my home). It is also my right to condemn their rudeness.

The demonstrations of Jewish (Israeli) and Arab (Palestinian) students condemning Hamas’ Oct 7 attack on Israel and Israel’s subsequent attack on Gaza (and increased violence against Palestinians in the West Bank) are understandably intense. To be clear, violence from demonstrators toward anyone (such as blocking access to class) is not protected by our First Amendment right to free speech and would be certainly condemned by me. But shouting death to the Palestinians or to the Jews without actual threats of violence is protected. The First Amendment is not needed to protect speech we agree with or like but speech we disagree with and/or are offended by. The benefits of such freedom in our society are huge but seem to need renewed support.

I am particularly annoyed by deliberate distortions of the meaning of chants like “From the river to the sea, Palestine will be free.” I share that aspiration. Indeed, everyone from the river to the sea should be free. Representative Rashida Tlaib, Democrat of Michigan, was censured by House lawmakers for saying it.

Unfortunately, disapproval and disagreement have morphed into inappropriate sanctions:

“The brother of a British-Israeli man who had been killed during Hamas’ attack on 7 October… told the BBC that he found the marches in the UK for Gaza upsetting and intimidating. Chants like ‘From the river to the sea, Palestine will be free’ were, he observed, evidence of deep-rooted and growing antisemitism in British society.

“The problem is not just that many British Jews assume the UK has an antisemitism problem based on a highly dubious interpretation of the chant’s meaning. It is that establishment media organisations are echoing that misunderstanding and treating it as more newsworthy than Israel killing Palestinian babies, with the UK government’s blessing. It is just one illustration of a pattern of reporting by western media outlets skewing their news priorities in ways that reveal a racist hierarchy of concern. Jewish fears are of greater import than actual Palestinian deaths, even babies’ deaths. 

“The hypocrisy is especially hard to stomach, given a central Israeli justification for its subsequent genocidal rampage through Gaza. Israel promoted the claim that Hamas had beheaded 40 Israeli babies on 7 October – a story that was widely reported as fact, even though no evidence was ever produced for it.”  “Israel-Palestine war: Gaza slogan bigger news than murder of babies”

New York Republican Rep. Elise Stefanik’s attack on the President of MIT, Harvard, the University of Pennsylvania for defending free (if repugnant) speech was particularly disgusting and alarming. The President of the U of Penn, Liz Magill, was evening forced to resign. While there may be some grey areas between shouting that all Arabs or all Jews (or Trumpeters) should die and actually threatening their lives, the attacks we have been seeing on the freedom to say nasty things is dangerous to a valued American institution. So is the increasing loss of civility (good manners). To preserve (or reestablish) the society we cherish, we need to use our freedom to speak to defend both speech and manners.

The Future of Gaza

Hamas had good reasons for its Oct 7 attack on Israel. However, its vicious attack was not justified. Israel has good reasons for its attack on Gaza. However, its vicious attack is not justified. What follows? Who will occupy and rule Gaza when Israel ends its assault and withdraws?

One State Solution

The answer to that question should reflect what will best serve Israel’s security and prosperity. “I am the only one who will prevent a Palestinian state in Gaza and [the West Bank] after the war,” Netanyahu told Likud lawmakers, according to Israel’s Kan public broadcaster. However, the aim of the right wing of Netanyahu’s government to kill or otherwise remove Palestinians from Gaza and the West Bank in order to allow a single, democratic, Jewish state over the whole region is not acceptable to most Jews both in Israel and elsewhere. Such a genocide or pogrom would not be acceptable to most people.

The 700,000 Palestinians driven from their homes in 1947 in the war that established the state of Israel now occupy Gaza, the West Bank, Jordan, Syria, and Lebanon.  Along with increasing illegal Israeli settlements in the West Bank and the Israel army’s occupation of the WBGS since the Six Day War in 1967, frictions have increase between these regions.  For more details see my book: Palestine: The Oslo Accords Before and After-My Travels to Jerusalem”

One of many abuses under Israel occupation has been the arrest and detention of Palestinians, many of them children, for protesting or attacking their occupiers. Over 800,000 have been jailed, about a third with no charges or trail.  “The power to incarcerate people who have not been convicted or even charged with anything for lengthy periods of time, based on secret ‘evidence’ that they cannot challenge, is an extreme power,” noted Israeli human rights group B’Tselem. “Israel uses it continuously and extensively, routinely holding hundreds of Palestinians at any given moment.”  “Israel Palestine detention”  

A recent example was the arrest of 22 year old Ahed Tamimi on Nov 6. “After holding Ms. Tamimi for nearly three weeks without access to a lawyer or her family, Israel moved to incarcerate her under administrative detention….  The Israeli military has said Ms. Tamimi was arrested on suspicion of inciting violence and calling for terrorist activity, but has declined to provide further information. Her mother said the arrest was based on a post to an Instagram account in her name that referenced Hitler and vowed to “slaughter” settlers in the West Bank.” NYtimes – Ahed Tamimi detained”  

While Hamas has fired thousands of rockets into Israel, they have resulted in few casualties. Between December 9th 1987 and April 30th 2021, conflict casualties for Palestinians and Israelis claimed 13,969 lives. Fully 87% of the dead were Palestinian. If Israel is not prepared to give full and equal rights to Palestinians within one integrated state, it will need to make peace with and end its occupation of the WBGS. “A one state solution”

Two State Solution

“President Biden recently declared his desire to see a ‘revitalized’ Palestinian government that could bring together Gaza and the West Bank under ‘a single governance structure.’ That is a worthy aim.” A two state solution requires a Palestinian agreement with Israel over borders, right of return (if any), the status of Jerusalem and an efficient, properly functioning Palestinian government for WBGS. Palestinians will need to give up their claims to lost homes now in Israel and formally recognize the State of Israel. But neither side will be safe and secure without a proper, and effective Palestinian government. ‘Biden Calls for Recognition of Palestinian State”

Effective governance of Gaza must be part of the new Palestine (following a transition period of UN or other international control). To get there an interim administration by Hamas and Palestinian Authority officials will be necessary while preparing for internationally supervised election in the WBGS. How does that square with Israel’s determination to obliterate Hamas?

Israel’s goal should be to end the capacity of Hamas fighter to threaten Israel. That does not and must not mean to destroy the capacity of Gaza’s administrative bodies to oversee the essential services any society requires. Seen in terms of the United States, it would mean incapacitation the U.S. military, not the other departments of the U.S. government.

If you think this is obvious, consider the amazing steps by the U.S. lead Coalition Provisional Authority in Iraq of which I was sadly a part in its final months in 2004. In what must rank as two of the most destructive acts of any occupying force, the first two Orders by the CPA kneecapped the Iraqi government and turned its army out onto the street “unemployed.”

“Section 1 Disestablishment of the Baath Party

“1) On April 16, 2003 the Coalition Provisional Authority disestablished the Baath Party of Iraq. This order implements that declaration by eliminating the party’s structures and removing its leadership from positions of authority and responsibility in Iraqi society. By this means, the Coalition Provisional Authority will ensure that representative government in Iraq is not threatened by Baathist elements returning to power and that those in positions of authority in the future are acceptable ot the people of Iraq.

“2) Ful members of the Baath Party holding the ranks of ‘Udw Qutriyya (Regional Command Member), U’ dw Far* (Branch Member), ‘Udw Shu’ bah (Section Member), and ‘Udw Firqah (Group Member) (together, “Senior Party Members”) are hereby removed from their positions and banned from future employment in the public sector.”

The Baath Party was the equivalent of Hamas in Gaza. Rather than removing the government’s leaders, this order removed most of those with the knowledge and ability to administer the Iraqi government.

“Coalition Provisional Authority Order Number 2: Dissolution of Entities signed by Coalition Provisional Authority on 23 May 2003, disbanded the Iraqi military, security, and intelligence infrastructure of President Saddam Hussein.[1] It has since become an object of controversy, cited by some critics as the biggest American mistake made in the immediate aftermath of the fall of Saddam Hussein[2] and as one of the main causes of the rise of the Islamic State of Iraq and the Levant (ISIL/ISIS). “Coalition Provisional Authority Order 2”.

You can find more details on the Iraq experience in my book “Iraq: An American Tragedy-My Travels tp Baghdad”

Conclusion

Israel’s security would be best served by agreement with its Palestinian neighbors on recognition of a Palestine State. This will require the end of illegal settlements in the WBGS, end of Israel’s occupation of the WBGS, and observance of other UN degrees. To apply maximum pressure on Israel to meet these conditions, the U.S. should join the vast majority of UN members in supporting these measures and recognize the State of Palestine. Palestine must recognize the State of Israel, respect its borders and laws, and renounce violence.  And the U.S., Gulf States, and UN should support and facilitate the establishment and development of a unified Palestinian Authority.