China Is America’s Enemy, And The Enemy Of Free People Everywhere

13 08 2019

 By Timothy D. Naegele[1]

Almost nine years ago, I wrote an article entitled “China Is America’s Enemy: Make No Mistake About That,” which was published here.[2]  The year before that, I had written another article entitled “The Silent Voices Of Stalin’s Soviet Holocaust And Mao’s Chinese Holocaust,” which addressed the killing by China’s Mao Tse-tung of an estimated 30-40 million between 1958 and 1960, as a result of what Mao’s regime hailed as the “Great Leap Forward.”[3]  Today, China is killing its babies, yet the world is turning a blind eye again.[4]

Pat Buchanan—an adviser to Presidents Richard Nixon, Ronald Reagan and Gerald Ford, and a former GOP presidential aspirant himself—has written a thoughtful and sobering article entitled “China, Not Russia, the Greater Threat,” which is worth reading and reflecting on:

Ten weeks of protests, some huge, a few violent, culminated Monday with a shutdown of the Hong Kong airport.

Ominously, Beijing described the violent weekend demonstrations as “deranged” acts that are “the first signs of terrorism,” and vowed a merciless crackdown on the perpetrators.

China is being pushed toward a decision it does not want to make: to use military force, as in Tiananmen Square 30 years ago, to crush the uprising. For that would reveal the character of President Xi Jinping’s Communist dictatorship, as well as Beijing’s long-term plans for this semi-autonomous city of almost 7.5 million.

Yet this is not the only internal or border concern of Xi’s regime.

Millions of Muslim Uighurs in China’s west are in concentration camps undergoing “re-education” to change their way of thinking on loyalty, secession and the creation of a new East Turkestan.

In June, a Chinese vessel rammed and sank a Philippine fishing boat, leaving its 22 crewmen to drown. The fishermen were rescued by a Vietnamese boat.

President Rodrigo Duterte’s reluctance to resist China’s fortification in the South China Sea of the rocks and reefs Manila claims are within its own territorial waters has turned Philippine nationalism anti-China.

China’s claim to Taiwan is being defied by Taipei, which just bought $2.2 billion in U.S. military equipment including Abrams tanks and Stinger missiles.

Any Taiwanese declaration of independence, China has warned, means war.

While Taiwan’s request to buy U.S. F-16s has not yet been approved, in a rare visit, Taiwan’s President Tsai Ing-wen stopped over in the U.S. recently, before traveling on to Caribbean countries that retain diplomatic relations with Taipei. Beijing has expressed its outrage at the U.S. arms sales and Tsai’s unofficial visit.

The vaunted Chinese economy is growing, at best, at half the double-digit rate of a decade ago, not enough to create the jobs needed for hundreds of millions in the countryside seeking work.

And talks have been suspended in the U.S.-China trade dispute, at the heart of which, says White House aide Peter Navarro, are Beijing’s “seven deadly sins” in dealing with the United States:

China steals our intellectual property via cybertheft, forces U.S. companies in China to transfer technology, hacks our computers, dumps into our markets to put U.S. companies out of business, subsidizes state-owned enterprises to compete with U.S. firms, manipulates its currency, and, despite our protests, ships to the USA the fentanyl drug that has become a major killer of Americans.

Such practices have enabled China to run up annual trade surpluses of $300 billion to $400 billion at our expense, and, says Navarro, have caused the loss of 70,000 factories and 5 million manufacturing jobs in the U.S.

Moreover, China has used the accumulated wealth of its huge trade surpluses to finance its drive for hegemony in Asia and beyond.

With President Donald Trump threatening 10% tariffs on $300 billion more in Chinese exports to the U.S., Xi must decide if he is willing to end his trade-war tactics against the U.S., which have gone on during the Clinton, Bush and Obama administrations. If he refuses, will he accept the de-coupling of our two economies?

Only Trump has taken on the Middle Kingdom.

If the American people and Congress are willing to play hardball and accept sacrifices, we can win this face-off. The U.S. buys five times as much from China as we sell to China. The big loser in this confrontation, if we stay the course, will not be the USA.

For three years, the U.S. establishment has not ceased to howl about Russia’s theft of emails of the DNC and Hillary Clinton campaign.

Yet the greatest cybercrime of the century was Beijing’s theft in 2014 of the personnel files of 22 million applicants and employees of the U.S. government, many of them holding top-secret clearances.

Compromised by this theft, said then FBI Director James Comey, was a “treasure trove of information about everybody who has worked for, tried to work for, or works for the United States government.”

“A very big deal from a national security … and counterintelligence perspective,” said Comey. And Xi’s China, not Putin’s Russia, committed the crime. Yet America’s elites appear to have forgotten this far graver act of cyberaggresion.

Undeniably, Russia is a rival. But Putin’s economy is the size of Italy’s while China’s economy challenges our own. And China’s population is 10 times that of Russia, and four times that of the USA.

Manifestly, China is the greater menace.

Are Americans willing to make the necessary sacrifices to force China to abide by the rules of reciprocal trade?

Or will Trump be forced by political realities to accept the long-term and ruinous relationship we have followed since granting China permanent MFN status in 2001?

This issue is likely to decide the destiny of our relations and the future of Asia, if not the world.[5]

As I have written many times, Russia is a pygmy state economically—and “Putinism” dies with the demise of Russia’s brutal dictator-for-life Vladimir Putin.[6]  While China’s economy is not in good shape, it is wielding power in Hong Kong and elsewhere around the globe, which might be ominous.[7]  Protestors in Hong Kong have waved the American flag, and sung our national anthem.[8]  The thirst for freedom is everywhere; and China’s thirst for totalitarian global domination must end, or be ended.[9]

[A pro-democracy protester waves an American flag in Tsim Sha Tsui district, an urban area in southern Kowloon, Hong Kong]

© 2019, Timothy D. Naegele


[1]  Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g., www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2]  See https://naegeleblog.wordpress.com/2011/01/13/china-is-americas-enemy-make-no-mistake-about-that/ (“China Is America’s Enemy: Make No Mistake About That”) (see also the extensive comments beneath the article)

[3]  See https://naegeleblog.wordpress.com/2010/02/06/the-silent-voices-of-stalin%E2%80%99s-soviet-holocaust-and-mao%E2%80%99s-chinese-holocaust/ (“The Silent Voices Of Stalin’s Soviet Holocaust And Mao’s Chinese Holocaust”) (see also the extensive comments beneath the article)

[4]  See https://naegeleblog.wordpress.com/2010/04/15/problems-with-foreign-adoptions/#comment-18488 (“China Is Killing Again, This Time Babies”)

[5]  See https://buchanan.org/blog/china-not-russia-the-greater-threat-137403 (“China, Not Russia, the Greater Threat”)

[6]  See https://naegeleblog.wordpress.com/2015/11/29/the-death-of-putin-and-russia-the-final-chapter-of-the-cold-war/ (“The Death Of Putin And Russia: The Final Chapter Of The Cold War”)

[7]  See, e.g., http://www.dickmorris.com/china-tries-to-jam-huawei-down-the-worlds-throat-lunch-alert/ (“China Tries To Jam Huawei Down The World’s Throat“)

[8]  See, e.g., https://www.theweek.in/news/world/2019/08/13/hong-kong-protesters-wave-american-flag-sing-national-anthem.html (“Hong Kong protesters wave American flag, sing national anthem”)

[9]  See, e.g., https://www.foxnews.com/opinion/james-carafano-what-hong-kong-unrest-tells-us-about-chinas-plans-for-the-rest-of-the-world (“What Hong Kong unrest tells us about China’s plans for the rest of the world”—”[T]he plight of that territory’s more than 7 million souls can teach us an important lesson about what China has in mind for the rest of the world.  It is not good.  . . .  [M]any observers fear that Beijing will step in and crackdown on the demonstrators.  After all, they note, the USSR’s demise didn’t stop the People’s Army from rolling tanks into Tiananmen Square.  . . . Hong Kong just doesn’t mean near as much to the Chinese economy as it did 20 years ago. Besides, the Chinese would rather see investment flow to mainland cities like Guangzhou and Shanghai that are more firmly under the regime’s control. As for the welfare and future of the people of Hong Kong, that is the last thing Beijing cares about”) and http://www.dickmorris.com/how-trump-can-squeeze-china-harder-lunch-alert/ (“How Trump Can Squeeze China Harder”)





U.S. Attorney General Barr Is Appalled: Give Americans A Break!

11 08 2019

 By Timothy D. Naegele[1]

U.S. Attorney General William Barr stated that he was “appalled” by alleged pedophile Jeffrey Epstein’s death in his jail cell, and he added:

Mr. Epstein’s death raises serious questions that must be answered. In addition to the FBI’s investigation, I have consulted with the Inspector General who is opening an investigation into the circumstances of Mr. Epstein’s death.[2]

How very quaint.  The FBI’s leadership has been shown to be corrupt and treasonous, beyond the ability of most Americans to fathom.  Barack Obama—and key leaders and intelligence operatives under him—initiated concerted efforts to destroy the candidacy and then the presidency of Donald Trump.  Yet, none of these co-conspirators has been charged with any crimes, nor spent a day in prison.  Until this happens, no American should believe in our system of justice again.[3]

Similarly, the Inspector General’s office in the U.S. Department of Justice is often described as the location “where the truth goes to die.”[4]  America is lawless today, and Epstein’s life and death are the latest examples.  It is alleged that he and others “recruited” young girls for sex, and transported them via Epstein’s “Lolita Express” to the Virgin Islands, and provided them to prominent Americans and others—including Queen Elizabeth’s son, the UK’s Prince Andrew.[5]

Pedophiles, rapists, human traffickers and those who kill while engaging in the harvesting of human body parts are subhuman.[6]  They are on a par with those who engage in mass murder[7]; and they are just as savage and evil.  Jeffrey Epstein, Roman Polanski, Bill Cosby and Harvey Weinstein are shining examples.[8]

The #MeToo movement was started by women (and men) standing up for the rights of women, in the face of Hollywood’s century-old violence and depravity—which seems to know no end or bounds.  Women continue to be exploited sexually, and the beat goes on, unabated.[9]

When all of the facts come out concerning Epstein, the world may see a level of depravity and pedophilia that boggles the mind and turns the stomachs of even the most hardened citizens of the world. Only the torture and mass killings of human beings, and the destruction of minds from the use of drugs[10], may be more egregious.

America and the world are in the midst and grips of the “Kardashian era,” where “sex sells.”[11]  However, the seamy side of this is far darker than the prostitution and promiscuity of the past.  It is pure evil, personified.

[Jeffrey Epstein’s alleged former sex slave Virginia Roberts Giuffre, who claims she was intimate with Prince Andrew at the London home of Epstein’s alleged “Madam,” UK publishing tycoon Robert Maxwell’s daughter Ghislaine Maxwell (on the right), in unsealed files that show Giuffre, then 17, with Prince Andrew and Maxwell at Maxwell’s London townhouse in 2001]

© 2019, Timothy D. Naegele


[1]  Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g., www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2]  See https://www.cnbc.com/2019/08/10/there-is-nothing-to-suggest-foul-play-fbi-investigating-jeffrey-epsteins-death-by-suicide.html (“Attorney General Barr ‘appalled’ by Epstein’s suicide, says inspector general and FBI investigating”); see also https://www.hollywoodreporter.com/news/jeffrey-epstein-dies-by-suicide-new-york-jail-report-1230708 (“Jeffrey Epstein Dies by Suicide in New York Jail”)

[3]  See, e.g., https://naegeleblog.wordpress.com/2019/04/18/the-mueller-report-a-monumental-travesty/ (“The Mueller Report: A Monumental Travesty”) and https://naegeleblog.wordpress.com/2019/03/24/the-mueller-witch-hunt-is-over/ (“The Mueller Witch Hunt Is Over”) and https://naegeleblog.wordpress.com/2018/05/24/should-barack-obama-be-executed-for-treason/ (“Should Barack Obama Be Executed For Treason?”) and https://naegeleblog.wordpress.com/2018/03/11/robert-mueller-should-be-executed-for-treason/ (“Robert Mueller Should Be Executed For Treason”) and https://naegeleblog.wordpress.com/2017/10/20/the-real-russian-conspiracy-barack-obama-the-clintons-and-the-sale-of-americas-uranium-to-russias-killer-putin/ (“The Real Russian Conspiracy: Barack Obama, The Clintons, And The Sale Of America’s Uranium To Russia’s Killer Putin”) and https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”) and https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”); see also https://naegeleblog.wordpress.com/2019/07/29/barack-obama-is-responsible-for-americas-tragic-racial-divide/ (“Barack Obama Is Responsible For America’s Tragic Racial Divide”) and https://www.dailymail.co.uk/news/article-7340581/Jerry-Nadler-says-formal-impeachment-proceedings-against-Donald-Trump-launched.html (“[Totally-despicable] Jerry Nadler says ‘formal impeachment proceedings’ against Donald Trump have been launched’)

[4]  See https://naegeleblog.wordpress.com/2018/06/15/the-department-of-injustices-inspector-general-is-complicit-in-the-deep-state-cover-up/#comment-15562 (“The DOJ’s Inspector General Michael Horowitz Is Missing In Action”) and https://naegeleblog.wordpress.com/2018/06/15/the-department-of-injustices-inspector-general-is-complicit-in-the-deep-state-cover-up/ (“The Department Of Injustice’s Inspector General Is Complicit In The Deep-State Cover-Up!”)

[5]  See, e.g., https://www.thedailybeast.com/the-biggest-bombshells-in-newly-unsealed-jeffrey-epstein-documents (“The Biggest Bombshells in Newly Unsealed Jeffrey Epstein Documents”) and https://www.dailymail.co.uk/news/article-7344181/Billionaire-Jeffrey-Epstein-dies-suicide-inside-Manhattan-jail-cell.html (“FBI launches an investigation after billionaire pedophile Jeffrey Epstein committed suicide by hanging himself in prison a day after lawsuit by his ‘sex slave’ was unsealed and named a host of his powerful friends including Prince Andrew”) and https://www.dailymail.co.uk/news/article-7342169/Prince-Andrew-exposed-Teen-sex-slave-alleges-pair-intimate-Ghislaine-Maxwells-London-home.html (“Prince Andrew named in unsealed Epstein documents: ‘Sex slave’, then 17, alleges she was intimate with royal at Ghislaine Maxwell’s London home while second young woman claims she was groped by prince at paedophile Jeffrey Epstein’s house”); see also https://en.wikipedia.org/wiki/Jeffrey_Epstein (“Jeffrey Epstein”) and https://en.wikipedia.org/wiki/Ghislaine_Maxwell (“Ghislaine Maxwell”) and https://en.wikipedia.org/wiki/Robert_Maxwell (“Robert Maxwell”) and https://www.dailymail.co.uk/news/article-7343885/Duchess-York-jets-Balmoral-amid-rumours-shes-rekindling-romance-Prince-Andrew.html (“Duchess of York jets to Balmoral amid rumours she’s rekindling romance with Prince Andrew”)

[6]  See, e.g., https://naegeleblog.wordpress.com/2018/10/25/remembering-the-comfort-women-victims-of-human-trafficking-and-slavery/ (“Remembering The Comfort Women, Victims Of Human Trafficking And Slavery”) and https://naegeleblog.wordpress.com/2017/06/15/who-is-next-the-murder-of-a-young-american-and-the-harvesting-of-his-body-parts-in-mexico/ (“Who Is Next? The Murder Of A Young American And The Harvesting Of His Body Parts In Mexico”)

[7]  See https://naegeleblog.wordpress.com/2010/02/06/the-silent-voices-of-stalin%E2%80%99s-soviet-holocaust-and-mao%E2%80%99s-chinese-holocaust/ (“The Silent Voices Of Stalin’s Soviet Holocaust And Mao’s Chinese Holocaust”) and https://naegeleblog.wordpress.com/2015/07/01/global-chaos-and-helter-skelter/#comment-18512 (“The List Of Notables Encouraging Violence Against The President Is Growing”)

[8]  See, e.g., https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-11474 (“SICKO SEXUAL PREDATOR ROMAN POLANSKI IS TARGETED FINALLY!”) and https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/#comment-7566 (“The Serial Rapist Bill Cosby”) and https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-13133 (“Finally, The Beginning Of Justice For Hollywood’s Serial Rapist, Bill Cosby“) and  https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/#comment-12196 (“THE VERY ESSENCE OF HOLLYWOOD’S DEPRAVITY”) and https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-10901 (“HOLLYWOOD HAS BEEN SICK FOR DECADES”); see also https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-7185 (“Clinton Fatigue”) and https://naegeleblog.wordpress.com/2010/10/04/john-f-kennedy-the-most-despicable-president-in-american-history/ (“John F. Kennedy: The Most Despicable President In American History“) (see the extensive comments beneath the article)

[9]  See, e.g., https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/#comment-18368 (“Margot Robbie: Shame”) and https://naegeleblog.wordpress.com/2009/12/28/human-trafficking/#comment-17162 (“Sex Sells: Hollywood Is Sick”)

[10]  See, e.g., https://naegeleblog.wordpress.com/2015/07/01/global-chaos-and-helter-skelter/#comment-18218 (“BAN Pot And Other Drugs, As Well As Vaping”)

[11]  See, e.g., https://www.dailymail.co.uk/tvshowbiz/article-7344603/Kylie-Jenner-PICTURE-EXCLUSIVE-Make-mogul-cosies-boyfriend-Travis-Scott-jet-ski.html (“Kylie Jenner PICTURE EXCLUSIVE: Make-up mogul cosies up to boyfriend Travis Scott on jet-ski”)





The Brooke Amendment And Section 8 Housing: Revisited

7 05 2019

 By Timothy D. Naegele[1]

This is the title of my newest law review article[2] that discusses the landmark laws enacted by Congress: the “Brooke Amendment” with respect to public housing, and the “Section 8” housing program that was intended to extend the benefits of the Brooke Amendment to housing wherever it is located. Put succinctly, the Brooke Amendment capped the payment of rent at twenty-five percent of a person’s income, with the federal government paying the difference; and it provided funds to improve public housing, and to assure the safety of its residents.

Section 8 was envisioned as giving “vouchers” to those who qualified for public housing, and permitting them to find housing anywhere, with the federal government subsidizing their rents when the twenty-five-percent-of-income threshold was passed. Taken together, the Brooke Amendment and Section 8 were America’s answer to the needs of decent housing for its poor. Today, there are two million voucher families.[3]

The United States has an unenviable record of providing affordable housing for its poor, much less for the poorest of the poor—America’s homeless. They have lived on the streets and wherever they could find shelter; and they have been shunned as “lepers” and cast aside to fend for themselves. Many have been and are in desperate need of mental health care and treatment; and they are not far removed from the poor of Calcutta, who have been chronicled down through the decades.

This is particularly true of the elderly, disabled and families with young children, who have slipped through the “cracks” and the societal “safety nets,” to the extent that such protections still exist. However, the elderly of the Boston area were singled out for humane, dignified and uplifting treatment and protection in the late 1960s and early 1970s, when work began by Senator Edward W. Brooke and me in the U.S. Congress—through its two banking committees—to address their plight.

Since then, billions of dollars have been expended, and millions of poor Americans have been helped, which tragically has only scratched the surface—as the numbers of chronically poor and those who are unable to afford private rents continue to rise in the United States. The ever-accelerating cost of housing, and the short supply of existing affordable housing units, have priced many Americans with even good jobs out of decent housing across America, in such areas as “Silicon Valley” (or the San Francisco Bay Area).

They have lived in campers, recreational vehicles (“RVs”) or wherever they could find to sleep. The effects on the poorest of the poor—those farther down the economic totem pole—have been catastrophic, especially in those areas of the United States where inclement weather is a major factor. Many have died, or been victimized, as homeless shelters have been inadequate or closed entirely for various reasons (e.g., funding and/or staffing shortages) in areas where they are needed the most.

Yesterday’s problems are compounded by staggering mental health issues relating to America’s poor and homeless; violent gang activities such as MS-13; dilapidated public housing projects, which may not be helped by the infusion of more federal funds; Social Security retirement benefits that have not kept pace with the costs of food, housing and the medical needs of America’s elderly poor; the influx of illegal immigrants from other countries, who have few discernible skills and nowhere to live; the shortage of qualified professional staff members who can deal effectively with such problems and challenges, and truly make a positive difference; and the increasing demand by most Americans for affordable housing, which has outstripped the available supply.

One size does not fit all. What works in one community may not work in another. And simply throwing money at the staggering problems might not be any solution at all. U.S. taxpayers may say “enough is enough,” and they might be right—at least with respect to their own self-interests. Money cannot be wasted if federal housing programs are to enjoy broad support from the American people. The tasks today are daunting, but the United States and Americans have risen to the challenges of the past, and may be expected to do so in the future.

 

Ed Brooke

[Senator Edward W. Brooke (1919-2015)]

 

© 2019, Timothy D. Naegele


[1]  Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and Timothy D. Naegele Resume-19-4-29). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g., www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2]  See Timothy D. Naegele [NOTE: To download The Banking Law Journal article, “The Brooke Amendment And Section 8 Housing: Revisited,” please click on the link to the left of this note]; see also https://naegeleblog.wordpress.com/2015/01/03/edward-w-brooke-is-dead/ (“Edward W. Brooke Is Dead”) and https://en.wikipedia.org/wiki/Edward_Brooke (“Edward Brooke”)

[3]  But see https://crosscut.com/2019/04/despite-new-law-landlords-continue-turn-away-applicants-section-8-vouchers (“Despite new law, landlords continue to turn away applicants with Section 8 vouchers”) and https://laist.com/2019/04/10/la_wants_to_stop_landlords_from_rejecting_low-income_housing_vouchers.php (“LA Wants To Stop Landlords From Rejecting Section 8 Vouchers”) and https://www.scpr.org/news/2019/04/12/89035/la-considers-prohibiting-landlords-from-rejecting/https://www.scpr.org/news/2019/04/12/89035/la-considers-prohibiting-landlords-from-rejecting/ (“LA considers prohibiting landlords from rejecting housing assistance vouchers”—”Nearly half of the people getting a Section 8 voucher in L.A. will end up losing it because they can’t find any landlords who will rent to them”) and https://www.latimes.com/opinion/editorials/la-ed-section-8-discrimination-law-homeless-20190419-story.html (“End Section 8 housing discrimination”—”[A]t a time when cities and counties are increasingly relying on vouchers to help reduce homelessness, many landlords won’t even consider leasing to tenants whose rent would be paid, in whole or in part, by the government. The problem is particularly acute in cities with high rents and low vacancies. In Los Angeles, nearly half the people trying to use a Section 8 voucher had it expire in 2017 before they could find a place to live, up from 18% in 2011. Several cities, including San Diego, San Jose and San Francisco, have already banned discrimination against tenants with Section 8 and other housing vouchers.  . . . But California can’t end housing discrimination on a city-by-city basis. State lawmakers need to go further and pass Senate Bill 329, which would enact the ban statewide.  . . . Landlords argue that high denial rates aren’t driven by discrimination but by the paperwork, inspections and restrictions that come with rental subsidy programs. For example, it’s hard to raise the rent, even modestly, on voucher tenants. Plus, they note, the supposed “market rent” the federal government is willing to cover is often too low in California’s overheated markets, where the bigger problem is a lack of affordable housing units”) and https://www.bostonherald.com/2019/04/25/boston-receives-1000-housing-vouchers-for-homeless/ (“Boston receives 1,000 housing vouchers for homeless”) and https://wpdh.com/ny-landlords-cant-discriminate-against-section-8-anymore/ (“NY Landlords Can’t Discriminate Against Section 8 Anymore”) and https://www.wbez.org/shows/wbez-news/more-section-8-vouchers-in-chicagos-black-neighborhoods-than-a-decade-ago/e461cdf4-22d1-45bd-9522-e0983c2d1c08 (“Chicago’s Section 8 Vouchers Increasing In Black Communities, Declining In White Neighborhoods”) and https://dc.curbed.com/2019/5/9/18538152/dc-nonprofit-fair-housing-law-online-course (“D.C. nonprofit offers online fair housing course designed to prevent discrimination by landlords”)





Will Kavanaugh Prove Disastrous For The Democrats?

6 10 2018

 By Timothy D. Naegele[1]

The confirmation of Brett Kavanaugh as the newest Justice of the U.S. Supreme Court has sent shock waves through America[2]; and its effects may be most pronounced for the Democrats—who lost.  And yes, lots of us began as Democrats, but will never vote for one again.

Something similar may be true of the Left’s stalwarts who demonstrated across this country, first for Bernie Sander’s candidacy as the Democrats’ nominee for president in 2016—which was co-opted and “buried” by Hillary Clinton and her thugs—and then to defeat Kavanaugh’s confirmation.  They may feel that they were cheated and sold down the river by the Democrats, who failed to deliver . . . again.

The wind may go out of their sails, while the Republicans—and especially the Trump “faithful”—may be energized almost like never before.  “How sweet it is” (they may say or think) that their efforts proved successful, as they did in the 2016 election.  With the U.S. economy seemingly purring along[3], they may be convinced of their righteousness and of the certitude of their actions, which may propel them on to other and even greater victories.

In retrospect, Kavanaugh may have been a flawed candidate, and perhaps even more of a flawed Justice.[4]  What his elevation to the Court may mean—along with Neil Gorsuch before him, and soon the feeble Ruth Bader Ginsburg’s replacement—is that Donald Trump’s political and legal flanks will be protected against the Democrats’ efforts to remove him from the presidency.  If so, then the elevation of a flawed Kavanaugh to the Court will have served its purpose and satisfied Trump’s faithful.[5]

Aside from possibly defusing the Left’s zeal, the Kavanaugh confirmation fight has exposed its underbelly for all Americans to see.  Dianne Feinstein of California was shown to be an ineffectual, lying senator, who had kept a Chinese spy on her staff for approximately 20 years, despite the fact that she was entrusted with the nation’s most sensitive secrets.[6]  Richard Blumenthal from Connecticut was tarnished again for lying about his military service in Vietnam[7]; and the list goes on and on[8].

The Kavanaugh fight may have served another purpose.  It seems to have strengthened the spine of weak-kneed and often pathetic Republican “Neanderthals.”  They rose to the occasion and defeated the onslaught of the Democrats’ lies and normally-astute political skulduggery, which had been so successful in the past.  The departure of the totally-inept and ineffectual Paul Ryan from the House of Representatives may further this progression.[9]

democrats-are-losers

 

© 2018, Timothy D. Naegele


[1]  Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass). He and his firm, Timothy D. Naegele & Associates, specialize in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and Timothy D. Naegele Resume). He has an undergraduate degree in economics from the University of California, Los Angeles (UCLA), as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University. He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal (see, e.g., https://en.wikipedia.org/wiki/Commendation_Medal#Joint_Service). Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g., www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2]  See https://www.apnews.com/8234f0b8a6194d8b89ff79f9b0c94f35 (“Kavanaugh is confirmed: Senate Oks Supreme Court nominee”); see also https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/#comment-14894 (“KAVANAUGH: A DRESS REHEARSAL FOR IMPEACHMENT?”) and https://naegeleblog.wordpress.com/2017/05/16/americas-newest-civil-war-2017-and-beyond/#comment-14821 (“A Hail Mary Pass With 00:07 On The Clock In The Fourth Quarter”)

[3]  See, e.g.https://www.cnbc.com/2018/10/05/us-nonfarm-payrolls-september-2018.html (“[U]nemployment rate hits the lowest level since 1969”) and https://www.cnsnews.com/news/article/craig-bannister/hispanic-unemployment-rate-hits-lowest-level-record-september (“Hispanic Unemployment Rate Hits Lowest Level on Record in September”) and https://www.washingtonexaminer.com/business/manufacturing-confidence-nears-all-time-high-despite-workforce-shortage (“Manufacturing confidence at all-time high despite workforce shortage”) and https://www.cnsnews.com/news/article/terence-p-jeffrey/federal-government-cut-1000-jobs-september-16000-under-trump (“Federal Government Cut 1,000 Jobs in September; -16,000 Under Trump”) and https://www.marketwatch.com/story/construction-hiring-is-booming-and-there-still-are-plenty-of-available-jobs-2018-10-05 (“Construction hiring is booming — and there still are plenty of available jobs”) and http://www.rasmussenreports.com/public_content/politics/political_updates/prez_track_oct05 (“The Rasmussen Reports daily Presidential Tracking Poll for Friday shows that 51% of Likely U.S. Voters approve of President Trump’s job performance”)

[4]  See, e.g.https://www.yahoo.com/news/sinister-battle-brett-kavanaugh-over-202425923.html (“My sinister battle with Brett Kavanaugh over the truth – by [the international business editor of the UK’s Daily Telegraph] Ambrose Evans-Pritchard”—”[Patrick Knowlton] had been the first person at the Fort Marcy death location [of Vince Foster, next to the Potomac River]. . . . He said the FBI had tried repeatedly to badger him into changing his story on key facts. Each time he refused. . . . Before testifying, he suffered two days of what appeared to be systematic intimidation by a large surveillance team. . . . When Mr Knowlton appeared at the grand jury – thinking he was doing his civic duty – he says he was subjected to two and a half hours of character assassination. . . . There was little attempt to find out what he knew about the Foster death scene. . . . Few people are aware that the US federal prosecutor handling the death investigation at the outset, Miquel Rodriguez, had resigned earlier from the Starr investigation after a bitter dispute. His resignation letter – later leaked [Rodriguez materials] – said he was prevented from pursuing investigative leads, that FBI witness statements did not reflect what witnesses had said, that the suicide verdict was premature, and that his grand jury probe was shut down just as he was beginning to uncover evidence. An informed source told me his work had been sabotaged by his own FBI agents. The nub of the dispute was over compelling evidence of a wound in Foster’s neck, which contradicted the official version that Foster shot himself in the mouth and had essentially been suppressed. The key crime scene photos had vanished and the FBI labs said others were over-exposed and useless. Mr Rodriguez, by then suspicious, slipped them to the Smithsonian Institution and had them enhanced. One showed a black stippled ring like a gunshot wound in the side of Foster’s neck. This remains secret but I have seen it. The photo was pivotal. It confirmed what several people who handled the body had originally stated. I interviewed the first rescue worker on the scene and when I asked him about the mouth wound, he grabbed me, and said with frightening intensity: ‘listen to me buddy, Foster was shot right here,’ jabbing his finger into my neck. He said the FBI had pressured him too into changing his story and that official narrative was a pack of lies”) (see also https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/#comment-7185 (“Clinton Fatigue”—”[Was Vince] Foster killed at the Clinton’s behest[, and did Brett Kavanaugh participate in the cover-up]?”))

. . .

Many Americans believe that Chief Justice John Roberts never should have been appointed to the Court; and that he constitutes the second worst decision that former President George W. Bush made, aside from launching our great nation into the tragic Iraq War.  Among other things, he cast the deciding vote with respect to the constitutionality of Obamacare.

See, e.g.https://dailycaller.com/2012/06/28/in-6-3-decision-supreme-court-rules-obamacare-constitutional/ (“IN 5-4 DECISION, SUPREME COURT RULES OBAMACARE CONSTITUTIONAL”)

[5]  See, e.g.https://www.dailymail.co.uk/news/article-6245887/Kavanaugh-U-S-Supreme-Court-sparks-harmony.html (“The GOP dream for decades to come: How Kavanaugh could reshape abortion restrictions, gay rights – and may even rule on whether Trump can be prosecuted when he replaces Scotus swing vote”)

[6]  See, e.g., https://sanfrancisco.cbslocal.com/2018/08/01/details-chinese-spy-dianne-feinstein-san-francisco/ (“Details Surface About Sen. Feinstein And The Chinese Spy Who Worked For Her“)

[7]  See, e.g., https://www.nytimes.com/2010/05/18/nyregion/18blumenthal.html (“Richard Blumenthal’s Words on Vietnam Service Differ From History“) and https://www.nbcnews.com/politics/donald-trump/fact-check-trump-says-blumenthal-lied-he-did-bragged-he-n915096 (“Fact check: Trump says Blumenthal [or “Da Nang Dick” as the President calls him] lied (he did)”—”Senator Richard Blumenthal must talk about his fraudulent service in Vietnam, where for 12 years he told the people of Connecticut, as their Attorney General, that he was a great Marine War Hero. Talked about his many battles of near death, but was never in Vietnam. Total Phony!”—”Blumenthal did lead voters to believe he was a Vietnam veteran when, in fact, he was never deployed to Vietnam”)

[8]  See infra n.2.

[9]  See, e.g.https://naegeleblog.wordpress.com/2018/07/29/it-is-time-for-trump-supporters-to-fight-back/ (“It Is Time For Trump Supporters To Fight Back”)





China Is America’s Enemy: Make No Mistake About That

13 01 2011

By Timothy D. Naegele[1]

While it would certainly be nice to think of China as a benign, friendly, democratic nation, if not an ally of the United States—which makes the computers and cellphones that Americans use, and provides most of the products sold in Walmart stores—the fact is that China is our enemy, now and in the future.  A failure to recognize this fact has serious national security implications for our great nation.  Those who cavalierly dismiss this and similar assessments, as nothing more than the rantings of “Cold Warriors,” may be condemned to repeat and relive the world wars of the past.

Does this mean that we will be in a shooting war with China any time soon, or that we should gird for war in the future?  No, but it means that we must maintain and strengthen our military might, and do nothing to diminish it.  We face deadly challenges elsewhere in the world too: for example, from North Korea, Iran, Russia and terrorists.  However, we must never underestimate the threat from China, America’s rising Asian rival globally.  Among other things, there is a “disconnect” between China’s civilian and military leaderships, which may grow dramatically—and it does not bode well for the future.

As the Wall Street Journal reported:

China conducted the first test flight of its stealth fighter just hours before U.S. Defense Secretary Robert Gates sat down with President Hu Jintao here to mend frayed relations, undermining the meeting and prompting questions over whether China’s civilian leadership is fully in control of the increasingly powerful armed forces.[2]

In early 2001, at the beginning of George W. Bush’s presidency, China’s military tested his metal by forcing down one of our spy planes near the island of Hainan. There were serious questions raised then—as they are being raised now—about whether China’s civilian leadership was fully in control of the country’s military.

Also, the New York Times had a fine article recently, which stated in part:

Older Chinese officers remember a time, before the Tiananmen Square protests in 1989 set relations back, when American and Chinese forces made common cause against the Soviet Union.

The younger officers have known only an anti-American ideology, which casts the United States as bent on thwarting China’s rise.

. . .

Chinese military men, from the soldiers and platoon captains all the way up to the army commanders, were always taught that America would be their enemy.[3]

Viewed in its starkest terms, China has threatened a nation-ending EMP Attack against the United States already—which went largely unnoticed by most Americans, even though such an attack might kill all except 30 million of us.[4] In addition to its submarine forces that have been expanded greatly in the past decade, China’s military is deploying new ballistic missiles that can sink U.S. aircraft carriers, and are potentially game-changing, unprecedented threats to our supercarriers and their carrier battle groups.[5]

Also, China is preparing to build an aircraft carrier, which symbolizes the ambition to move far beyond its own shores[6].  Its growing anti-satellite capabilities and quite soon its fifth-generation fighter, not to mention its ongoing Cyberwarfare and economic warfare, are alarming to say the least.

Barack Obama manipulated the 2010 lame-duck session of Congress to ratify the “90 percent useless and 10 percent problematic” New START Treaty with Putin’s Russia—from which the next Republican administration should withdraw[7], just as George W. Bush withdrew from the ABM Treaty, which had expressly prevented major American advances in missile defense.  However, the United States’ focus must be on China, not on an essentially-Third World, backwater country like Russia.[8]

As one China military-affairs specialist put it:

Clearly, China’s communist leadership is not impressed by the [Obama] administration’s ending of F-22 production, its retirement of the Navy’s nuclear cruise missile, START Treaty reductions in U.S. missile warheads, and its refusal to consider U.S. space warfare capabilities. Such weakness is the surest way to invite military adventurism from China.[9]

On the positive side, China represents an enormous consumer market.  Yet, even on that front, caution is advised and prudence is required.  As the Wall Street Journal noted:

It’s tempting for U.S. companies to believe they can rely on access to hundreds of millions of new consumers in China and other emerging-market countries for the lion’s share of future profits. But they had better be prepared for a wide variety of unforeseen barriers.[10]

The United States has other issues and problems with China, including but not limited to Chinese adoption policies that foist “sick” children on unsuspecting, needy American adoptive parents, leading to tragic human suffering and other consequences[11]; China’s human rights abuses, including political prisoners who often serve their terms in an archipelago of labor camps scattered across the country called Laogai[12]; North and South Korea—and their respective international protectors, China and the U.S.—which might be heading for a showdown in the future[13]; and China’s expanding influence in the world, such as its willingness to bail out debt-ridden countries in the euro zone[14].

China has a violent history, which is of recent vintage.  Indeed, the Soviet Union’s Joseph Stalin and China’s Mao Tse-tung were the most ruthless killers of their own people in the 20th Century, and perhaps in the entire history of mankind.  Mao was directly responsible for an estimated 30-40 million deaths between 1958 and 1960, as a result of what his regime hailed as the “Great Leap Forward.”[15] Even though human rights activist Liu Xiaobo won the 2010 Nobel Peace Prize—after having been sentenced to prison for putting his name to the “Charter 08″ human-rights manifesto, which says that the Chinese people “see clearly that freedom, equality, and human rights are universal values”—he was denied the right to have a representative collect the prize for him.[16]

Perhaps the best hope for a democratic China at peace with the world rests with the expansion of human rights in the country, as well as consumerism and capitalism; and greater civilian control over the country’s potentially-renegade military.  Whether this hope comes to fruition, or ends up as a pipe dream, remains to be seen.  Will China’s bluster and swagger lead to war, or dissipate over time; and are the United States and China on a collision course in the Western Pacific and elsewhere?[17] Only time will tell.  However, one can never forget that China’s violent past was only a short time ago, and its human rights abuses continue to this day.

© 2011, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2] See http://online.wsj.com/article/SB10001424052748704428004576075042571461586.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsTop

[3] See http://www.nytimes.com/2010/10/12/world/asia/12beijing.html?_r=3&hp=&pagewanted=all

[4] See, e.g.https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/

[5] See, e.g.http://www.washingtontimes.com/news/2010/dec/27/china-deploying-carrier-sinking-ballistic-missile/

[6] See, e.g.http://www.ft.com/cms/s/0/fa7f5e6a-09cc-11e0-8b29-00144feabdc0.html#axzz18PUuKHZh

[7] See https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1014: see also https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1167 and https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1245

[8] See https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/

[9] See http://www.washingtontimes.com/news/2010/dec/27/china-deploying-carrier-sinking-ballistic-missile/

[10] See, e.g.http://online.wsj.com/article/SB10001424052748704852004575258541875590852.html?mod=WSJ_hp_editorsPicks

[11] See, e.g.https://naegeleblog.wordpress.com/2010/04/15/problems-with-foreign-adoptions/; see also https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-348 and https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-434 (“[B]oth Russia and China have used the U.S. as dumping grounds for their ‘sick’ children”)

[12] See, e.g.http://www.naegele.com/documents/BretStephens-FromAthenstoBeijing.pdf (“How strong can China be if it is terrified of Nobel Peace Prize winner Liu Xiaobo?”); see also https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-824

[13] See, e.g., https://naegeleblog.wordpress.com/2010/12/22/the-next-major-war-korea-again/ and https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1012

[14] See, e.g.https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1177

[15] As I have written:

Like Stalin, Mao’s crimes involved Chinese peasants, many of whom died of hunger from man-made famines under collectivist orders that stripped them of all private possessions.  The Communist Party forbade them even to cook food at home; private fires were outlawed; and their harvests were taken by the state.  Those who dared to question Mao’s agricultural policies—which sought to maximize food output by dispossessing the nation’s most productive farmers—were tortured, sent to labor camps, or executed.

See https://naegeleblog.wordpress.com/2010/02/06/the-silent-voices-of-stalin%E2%80%99s-soviet-holocaust-and-mao%E2%80%99s-chinese-holocaust/

[16] See infra note 12; see also http://en.wikipedia.org/wiki/Liu_Xiaobo#Nobel_Peace_Prize

[17] See, e.g.https://naegeleblog.wordpress.com/2010/02/09/russias-putin-is-a-killer/#comment-1188





The American Legal System Is Broken: Can It Be Fixed?

3 01 2011

By Timothy D. Naegele[1][2]

I have been an American lawyer for 44 years.  I am a member of the bar of the United States Supreme Court, the District of Columbia Bar, the State Bar of California, and the bars of other federal courts.  I have been a U.S. Senate lawyer and a lawyer at the Pentagon, and have represented more than 200 banks and other financial institutions.  I have purchased banks for our clients, and advised two States; and I testified as an expert on behalf of the FDIC in a failing bank case.  I have done essentially everything that I ever wanted to do in the law, except work at the White House; and I have attended meetings there.  In these and countless other ways, I have seen the American legal system “up close and personal.”[3]

I have two law degrees, from Berkeley and Georgetown, at opposite ends of this great country.[4] I can say without any hesitation, reservation or equivocation that the finest education I received was at Berkeley’s law school par excellence, Boalt Hall.  I was taught—to think analytically, and to write—by outstanding professors[5] who instilled in my fellow students and me a belief that the law is sacred, sacrosanct and pristine, “a shining city upon a hill.”  Since then whenever I have encountered what I perceived as legal injustices and incompetence, I have taken umbrage and railed against them, albeit generally in my own quiet ways.

John Lennon probably said it best: “Life is what happens to you while you’re busy making other plans.”  I never truly wanted to become a lawyer; that was not my life’s ambition.  I wanted to be a businessman instead, and buy and sell companies, but the Vietnam War intervened and changed my life forever.[6] I never dreamed of being a lawyer, like so many of my law school classmates at Berkeley did, which may explain why I view the profession—which so many Americans have come to despise—with a certain degree of detachment and healthy skepticism.  For example, I would not recommend the practice of law to anyone.  Among other things, the time demands and stress on young lawyers are a “family-killer,” which is why there is a high rate of divorces among members of the profession.

When my son wanted to attend law school, I encouraged him to get both a JD and an MBA, to “hedge his bets” and give him options.  When he was nearing graduation with both degrees in hand, I did my best to talk him out of practicing law.[7] Friends of mine, who have practiced law for many years and have been very successful at doing it, feel much the same way and have told their kids and others not to pursue a legal career.  Indeed, some of these friends and I have joked that we should give lectures to graduating college seniors and entering law school students, telling them what the practice of law is really all about.  If we told them the unvarnished truth, many might decide not to enter the profession.

Despite a healthy contempt for many lawyers, and judges—who are often egotistical, callous, mean-spirited, power-hungry, arrogant, self-righteous, condescending and incompetent—I have had wonderful friends over the years who are lawyers and even judges.  I have worked with them, and some have represented me, and I will always respect and be deeply indebted to them.  They are special people, who stand head-and-shoulders above others in the profession; and they are nice people as well—which may be what distinguishes them from the others.

Perhaps the most disturbing qualities about lawyers and judges are their arrogance and abuse of power, and their lack of empathy and innate legal and life skills to deal with vital human issues that come before them.  For example, lawyers who are prosecutors are often less interested in fairness and justice than they are in winning at all costs, and exercising their raw power and hurting others in the process—such as those who are innocent but are convicted anyway.[8]

Similarly, lawyers are trained in law schools to be advocates.  When they represent clients in divorce proceedings, the last things that estranged couples need are their respective lawyers “stirring the pot” to earn greater fees, and increasing the acrimony that already exists.  Also, male lawyers prey sexually on their distraught and vulnerable female clients, which should give rise to immediate disbarments but it does not.  The American legal system is broken today, inter alia, because it has often attracted the wrong type of people.[9]

Can our legal system be fixed, and will the American people come to trust and respect lawyers and judges again, and believe that justice not only exists but prevails in this great nation?  Maybe . . . if the profession is restructured, and if it attracts those people who believe that the law is sacred, sacrosanct and pristine—truly a shining city upon a hill—and they put such principles into practice.  The profession does not require saints, but it does need something different than “Law West of the Pecos by Judge Roy Bean.”  And it needs people who are different than it has been attracting: who are often driven, ruthless, unprincipled, money-hungry, and power-hungry.

© 2011, Timothy D. Naegele

[See also (1) https://naegeleblog.wordpress.com/2013/07/15/justice-and-the-law-do-not-mix/ (“Justice And The Law Do Not Mix”), (2) https://naegeleblog.wordpress.com/2012/03/21/the-united-states-department-of-injustice/ (“The United States Department of Injustice”), (3) https://naegeleblog.wordpress.com/2014/09/08/the-state-bar-of-california-is-lawless-and-a-travesty-and-should-be-abolished/ (“The State Bar Of California Is Lawless And A Travesty, And Should Be Abolished”)]


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2] The issues addressed in this article are discussed further in a partially-completed book of mine entitled, “Never Become A Lawyer.”  Its chapters include but are not limited to the following subjects: law schools, law firms, divorces, bar associations, Congress, lobbying, mergers and acquisitions, litigation, law enforcement, state governments, the federal government, judges, federal courts, the U.S. Supreme Court, politics, abuse of power, justice, lawyer scams, and other careers.

The book’s last chapter starts with the words:

I began writing this book with the idea of thoroughly trashing the legal profession of which I have been a member for more than 40 years, as well as the American “system of justice”—and God knows there is plenty of support for that approach.  However, the United States has many fine lawyers, including former classmates of mine at Berkeley and friends who have tried to do their very best to help others, such as those lawyers who have helped me.  Thus, in the final analysis, I endeavored to present a somewhat objective view of the profession. . . .

I assume my assessment will remain the same, or close to it, when the book is finished and published.

[3] See, e.g., http://www.naegele.com/naegele_resume.html

[4] See https://naegeleblog.wordpress.com/2010/02/26/america-a-rich-tapestry-of-life/

[5] They included but were not limited to Edward C. Halbach Jr. (see, e.g.,  http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=44), who became dean of the law school and gave me an “A” in Conflicts of Law during my last year at Boalt, which I will remember always; Sanford H. (“Sandy”) Kadish (see, e.g., http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=61), who taught Criminal Law and became dean of the law school too; Barbara N. Armstrong, who was the first woman law professor at a major American law school (see, e.g., http://en.wikipedia.org/wiki/UC_Berkeley_School_of_Law); Richard W. Jennings (see, e.g., http://www.universityofcalifornia.edu/senate/inmemoriam/richardwjennings.htm), who taught Securities Law and came to Washington when I was a young attorney with the Senate Banking Committee, and we shared stories; and Michael (“Mike”) Heyman (see, e.g., http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=52), from whom I never took a class, but I will always remember his smiling face, and that he was a “force” for excellence at the law school and beyond (e.g., he ran the Smithsonian in Washington, D.C. for many years).  A giant in the law of Torts, William L. Prosser (see, e.g., http://en.wikipedia.org/wiki/William_Prosser), was at Boalt too; however, he left shortly before I arrived—although his spirit was still there.

[6] As a result of enrolling in Army ROTC as an undergraduate, I had a commission as an officer when I graduated from UCLA in January of 1963.  I wanted to attend a business school; however, I needed to work from January to September at two jobs, to earn enough money so I could afford any graduate school.  Even though UCLA’s business school had classes that I could begin right away, in January—whereas, law school classes only began in September—my choice became a law school.  The Vietnam War was raging; and the Army would defer me for law school, but would not let me work for the same amount of time before entering a business school, which is the graduate education that I really wanted to pursue.

Having become a lawyer, however, I have always tried to do my very best, and believe that I have done so.  Also, reading endless legal decisions at Boalt Hall and later at Georgetown, I learned the English language in ways that were unfathomable at the time, but have proved to be quintessentially-invaluable with respect to any skills that I have today as a writer.

The great American poet, Robert Frost, wrote a wonderful poem about life choices entitled, “The Road Not Taken,” which perhaps says it all:

Two roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;

Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same,

And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.

I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I—
I took the one less traveled by,
And that has made all the difference.

See, e.g.http://en.wikipedia.org/wiki/The_Road_Not_Taken_(poem)

[7] I was adamant that neither of my kids would work on Capitol Hill, because of what I had witnessed there.

See https://naegeleblog.wordpress.com/2010/09/24/washington-is-sick-and-the-american-people-know-it/

[8] A federal official with reason to know told me that between 15-20 percent of the indictees in federal courts are probably innocent.  Some are seniors who have been charged with cheating the Social Security program, and they are scared to death, so they agree to plea bargains rather than fight for their innocence.

[9] This is true of many judges, who serve for life and cannot be removed if they are federal judges.





The Next Major War: Korea Again?

22 12 2010

By Timothy D. Naegele[1]

A series of events has been unfolding for some months now, which may culminate in another shooting war on the Korean peninsula that might prove devastating.  North Korea has warned that a war with South Korea would go nuclear[2]; and the ramifications are enormous.  In discussing this potential tragedy of epic proportions, it is useful to review recent events that have brought us to the present state of affairs:

  • The Sinking Of A South Korean Navy Vessel In March Of 2010—The facts were unknown when it happened, except that an explosion took place aboard the ship, and efforts were underway to save as many of the crew members as possible.  Whether this would turn into an international incident, testing the South Koreans and President Barack Obama, remained to be seen.[3] However, the Wall Street Journal noted:

The possibility of a violent, potentially apocalyptic regime collapse in North Korea within the decade is one that all countries with an interest in the region should keep in mind.[4]

The Journal added:

The latest incident comes days after a conference in which some experts described the Kim dictatorship as being in the first stage of collapse.  Americans should be paying attention: If North Korea decides to go out in a blaze of nuclear glory—and its current penchant for kamikaze rhetoric suggests it might—the enormous number of casualties would likely include many of the U.S. troops stationed on the peninsula.[5]

  • South Korean Ship Was Hit By North Korean Torpedo—Among other publications, the London Times reported that North Korea had launched one of the worst military acts of provocation since the Korean War, killing 46 South Korean sailors, which had amounted to a deliberate and unprovoked attack by North Korea.[6]
  • Finally, In May Of 2010, South Korea Blamed North Korea For Launching The Torpedo At Its Warship, Causing The Explosion That Killed 46 Sailors[7]—The Wall Street Journal reported that South Korea had convincing evidence.[8]
  • There Is Reason To Believe That North Korea’s Dictator Kim Ordered The Sinking Of The Cheonan, To Help Secure The Succession Of His Son—The New York Times reported that an American intelligence analysis of the deadly torpedo attack on the South Korean warship concluded that Kim Jong Il, the ailing leader of North Korea, must have authorized the torpedo assault.[9]
  • China Shields North Korea—Bloomberg News reported that Chinese Premier Wen Jiabao was likely to resist pressure to acknowledge that North Korea had torpedoed the South Korean warship.[10]
  • North And South Korea On The Brink Of War, Russian Diplomat Warned.[11]
  • North Korea Fired At South Korea As It Prepared To Host G-20 Summit Of Wealthiest Nations.[12]
  • North Korea Fired On South Korean Island.[13]
  • China Warned U.S. About Joint U.S.-South Korean Military Exercise As Korea Tensions Rise[14]—In turn, North Korea responded angrily to the maneuvers: “The situation on the Korean peninsula is inching closer to the brink of war.”
  • America’s Chairman Of The Joint Chiefs Of Staff, Admiral Mullen, Rebuked China For Failing To Curb North Korea.[15]
  • Firing Drill Increased Korea Tensions—South Korea test-fired artillery from the island that North Korea attacked, defying North Korean threats of another attack and asserting its rights in a maritime area it has controlled since the Korean War of the 1950s.[16]
  • North Korea Said It Would Not Strike Back—As the Wall Street Journal noted, North Korea stood pat after a South Korean artillery drill, easing fears of armed conflict and suggesting that the North Koreans might be using provocations to seek economic inducements.

The Journal added:

Fighter jets patrolled the air and destroyers sailed in nearby waters ready to counter another North Korean attack.

. . .

[F]or decades Pyongyang’s power has been tied to its ability and willingness to surprise Seoul. Analysts say it is more likely to stage another provocation when the South’s guard goes down in the months ahead, depending on its need to further its broad goals of securing economic assistance and security guarantees for its authoritarian regime.

For now, the episode appeared to take its place in a long series of provocations South Koreans have gotten used to.

. . .

Earlier in the day the North made another conciliatory gesture—announced by a visiting U.S. dignitary, New Mexico Gov. Bill Richardson, making an unofficial visit—to let the international nuclear inspectors it kicked out last year come back to the country.

. . .

For longtime North Korea watchers, Pyongyang’s official statement and offer to Mr. Richardson showed that it continued to operate in a familiar pattern: heating things up with provocative actions that draw attention, and then cooling them down with peace-making gestures in hopes of winning economic and security favors.[17]

  • WikiLeaks Cables Reveal China Ready To Abandon North Korea—The UK’s Guardian reported:

China has signalled its readiness to accept Korean reunification and is privately distancing itself from the North Korean regime, according to leaked US embassy cables that reveal senior Beijing figures regard their official ally as a “spoiled child”.[18]

North Korea’s latest series of provocations might prove little more than that, even as deadly as they were.  However, miscalculations may take place, which could be catastrophic.  While America is tied down militarily in Iraq, and its forces are mired in the Afghan War, North Korea may feel emboldened to strike against South Korea and set the Korean peninsula ablaze.  Similarly, other trouble spots around the world may flare up, such as a war in the Middle East involving Israel and Iran or its surrogates.

Given Barack Obama’s perceived weakness and naïveté, as well as global economic problems confronting the United States and other countries, its enemies may choose now or in the not-too-distant future as an opportune time to strike.  The use of nuclear weapons, or the ultimate EMP Attack[19], would send America and its allies reeling.  Let’s hope and pray it never happens.

© 2010, Timothy D. Naegele


[1] Timothy D. Naegele was counsel to the United States Senate’s Committee on Banking, Housing, and Urban Affairs, and chief of staff to Presidential Medal of Freedom and Congressional Gold Medal recipient and former U.S. Senator Edward W. Brooke (R-Mass).  He practices law in Washington, D.C. and Los Angeles with his firm, Timothy D. Naegele & Associates, which specializes in Banking and Financial Institutions Law, Internet Law, Litigation and other matters (see www.naegele.com and http://www.naegele.com/naegele_resume.html).  He has an undergraduate degree in economics from UCLA, as well as two law degrees from the School of Law (Boalt Hall), University of California, Berkeley, and from Georgetown University.  He is a member of the District of Columbia and California bars.  He served as a Captain in the U.S. Army, assigned to the Defense Intelligence Agency at the Pentagon, where he received the Joint Service Commendation Medal.  Mr. Naegele is an Independent politically; and he is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance and Business. He has written extensively over the years (see, e.g.www.naegele.com/whats_new.html#articles), and can be contacted directly at tdnaegele.associates@gmail.com

[2] See http://www.breitbart.com/article.php?id=CNG.4fb1629dc68392c48ffbd287f0cd9a66.931&show_article=1

[3] See, e.g., http://www.timesonline.co.uk/tol/news/world/asia/article7077655.ece and http://online.wsj.com/article/SB10001424052748704100604575146940411764282.html?mod=WSJ_newsreel_world

[4] See http://online.wsj.com/article/SB10001424052748704100604575145672974954144.html?mod=WSJ_hps_MIDDLEForthNews

[5] See id.

[6] The Times article added:

[South Korean President Lee Myung Bak]’s government appears to be struggling to find an appropriate response that would demonstrate its resolve in the face of aggression but stop short of a costly and unpredictable war.

. . .

The speculation is that this was an act of retaliation for a naval skirmish in November last year in which the North came off worse.

. . .

Some security officials favour a tit-for-tat response to any North Korean aggression. But the risk is that this could escalate into a war, which might result in eventual victory for the South and its US allies, but could be ruinously destructive and expensive.

A limited war might be exactly what the North Korean leader, Kim Jong Il, is hoping for. After decades of economic decline and famine in the 1990s which killed as many as a few million people, his economy is in chronic decline.

A military adventure against the routinely demonised “imperialist” US and its South Korean “lackeys” could serve as a welcome and unifying distraction.

. . .

“No one wants to say it out loud,” wrote Song Ho Keun, a professor at Seoul National University in the Joong-Ang Ilbo newspaper.

“We told ourselves to be patient and cool, not to jump to conclusions as there is no definitive evidence implicating the North. But if we find one little piece of evidence pointing definitely at North Korea, the rage we have forcibly suppressed will gush forth.”

See http://www.timesonline.co.uk/tol/news/world/asia/article7104498.ece

[7] See http://www.washingtonpost.com/wp-dyn/content/article/2010/05/18/AR2010051803094.html?hpid=topnews

[8] For example, the Journal noted:

[W]hen the South Korean joint military-civilian investigation team presented their findings at a nationally-televised news conference, they unveiled a surprise: virtually the entire unexploded portion of the torpedo that destroyed the ship.

Searchers found the torpedo parts—including its propulsion system, steering section and propellers—last Saturday in the waters where the ship was destroyed. A marking inside the propulsion system reads “No. 1” in Korean lettering and, investigators said, is consistent with markings in a North Korean torpedo that the South Korean military obtained several years ago.

See http://online.wsj.com/article/SB10001424052748703691804575255162754594880.html?mod=WSJ_hps_SECONDTopStories

[9] See http://www.nytimes.com/2010/05/23/world/asia/23korea.html?_r=1&hp=&adxnnl=1&adxnnlx=1274612566-rHxXHrx8DGOehpG3vtFz9Q

In an editorial entitled, “Lessons From a Torpedo”—and subtitled “Placating Kim Jong Il doesn’t change North Korea’s behavior”—the Wall Street Journal stated explicitly:

President Obama . . . sent Kim a personal letter spelling out a “future vision” for the two countries, including the promise of a peace treaty, a guarantee of regime security and economic aid in exchange for the North’s denuclearization. The North’s response arrived by torpedo.

. . .

Engaging Kim has done little to improve his behavior, except in brief intervals, and if anything that behavior has become worse since Mr. Obama took office.

. . .

The larger strategic insight is to recognize that North Korea won’t change until Kim dies or his regime falls. The goal of the West should be to increase pressure on the North toward the latter goal, especially given signs of increasing discontent in the North.

. . .

[T]he long U.S. attempt to persuade Beijing to control its client has nothing to show for it.

. . .

If Kim and his generals can sink a South Korean ship without serious consequences, they might well conclude that they should escalate. The proper response is to give up the illusions of engagement, and methodically and coolly treat the North as the rogue state it is.

See http://www.naegele.com/documents/LessonsFromaTorpedo.pdf

In an article entitled, “Kim Jong-il ‘laying the ground for succession’ with military attacks”—and subtitled, “Palace power-struggles between North Korea’s new-generation political leadership and its hawkish military establishment could spark off a full war on the Peninsula, South Korean and US authorities are warning”—the UK’s Telegraph reported:

Last week’s attack on Yeonpyeong island, a senior South Korean defence official told The Daily Telegraph, was personally approved by North Korea’s supreme leader, Kim Jong-il and his son and heir-apparent Kim Jong-un, in an effort to curry favour with hostile military hawks.

“I fear we’re going to see much more fighting in weeks to come,” the official said.

. . .

Kim Jong-il, US government sources said, is determined not to rejoin talks aimed at curbing North Korea’s nuclear programme in return for aid, fearful of upsetting military leaders. He hopes precipitating a crisis will lead the generals to rally behind his son and compel South Korea and the West to engage in dialogue on his terms.

Kim Jong-un was made a four-star general and named vice-chairman of the country’s National Defence Commission in September—even though the Swiss-educated 27-year-old had no military experience. “The generals saw Kim Jong-un as a puppy who wasn’t even lavatory trained,” said Kongdan Oh Hassig, a North Korea expert, “not a credible leader. There was lots of fuming.”

Bruce Bennett, another North Korea specialist, said the succession left generals “asking themselves how much longer they would have a role in government”. He noted that replacements of officials in North Korea “usually occur as the result of a purge or a ‘traffic accident,’ so that could be cause for some instability.”

“Every time there’s been a succession in North Korea,” Dr. Hassig noted, “you’ve had trouble, because the leadership has needed to reassure the military.”

Kim Jong-il ordered the bombing of a Korean Air plane in 1987, killing all 115, and an attack on officials which left 17 dead.

Little noticed in the West, tensions with the military have often threatened North Korea’s ruling family. In 1991-1992, there were reports that a group of generals had been planning to assassinate Kim Il-sung, in order to implement a programme of radical modernisation. Later, in 1995, elements of North Korea’s VI corps in famine-hit North Hamgyong province almost revolted.

“The Kims are playing the Crazed Fearsome Cripple Gambit,” a US military official told The Daily Telegraph, referring to a term coined by the strategic analyst George Friedman.

North Korea’s regime, Mr Friedman argued, wilfully chose to be an economically-crippled state to make itself unattractive as a target for intervention. Then it sought to inspire fear by developing nuclear weapons.

Finally, Mr Friedman argued, “having established that they were crippled and fearsome, the critical element was to establish their insanity”. Since no one would wish for a nuclear-armed North Korea to engage in a crazed military adventure, it would give the regime what it wanted.

Both Koreas are now holding out threats of further fighting. North Korea’s official news agency warned on Saturday that the “situation on the Korean peninsula is inching closer to the brink of war”.

Lieutenant General Yoo Nak Joon, commander of the South Korean Marine Corps, meanwhile, called on his troops to “put our feelings of rage and animosity in our bones and take our revenge on North Korea”.

See http://www.telegraph.co.uk/news/worldnews/asia/northkorea/8166343/Kim-Jong-il-laying-the-ground-for-succession-with-military-attacks.html

[10] Specifically, Bloomberg reported:

Chinese Premier Wen Jiabao is likely to resist pressure to acknowledge that North Korea torpedoed a South Korean warship when he flies to Seoul tomorrow to meet South Korean President Lee Myung Bak and Japan’s Yukio Hatoyama.

. . .

China wants to avoid a conflict on the Korean peninsula, and is concerned that taking South Korea’s side may provoke North Korea into further escalations and even lead to war, said Shen Dingli, vice dean of the Institute of International Affairs at Shanghai’s Fudan University.

“North Korea is dying, and we can make things worse,” Shen said. “We have assumed North Korea is not a rational actor.”

See http://www.bloomberg.com/news/2010-05-26/china-may-shield-north-korea-as-lee-clinton-seek-action-over-ship-sinking.html

[11] See http://www.telegraph.co.uk/news/worldnews/asia/northkorea/8020972/North-and-South-Korea-on-the-brink-of-war-Russian-diplomat-warns.html

[12] The AP reported:

North Korea fired two rounds toward South Korea at their tense border and South Korean troops immediately fired back, an official said Friday.

The exchange of fire at the heavily armed border highlights the security problems faced by Seoul as it prepares to host the Group of 20 economic summit next month.

North Korean troops fired at a South Korean guard post in the Demilitarized Zone, said an official at the Joint Chiefs of Staff in Seoul.

. . .

The guard post is 73 miles (118 kilometers) northeast of Seoul.

. . .

The spike in tensions Friday came two weeks ahead of a global economic summit in Seoul to be attended by President Barack Obama and other leaders.

. . .

In May, a multinational investigation led by Seoul concluded that a torpedo fired by a North Korean submarine sank the 1,200-ton Cheonan warship. North Korea has denied involvement in the sinking, which killed 46 South Korean sailors.

The sinking heightened tensions between the rival Koreas, which remain technically at war because their 1950-53 war ended with a cease-fire, not a peace treaty.

See http://apnews.myway.com/article/20101029/D9J5B8OG0.html; see also http://www.naegele.com/documents/NorthKoreaFiresShotsAcrossBorder.pdf and http://www.usatoday.com/news/world/2010-10-29-north-south-korea-fire_N.htm?loc=interstitialskip

[13] The Los Angeles Times reported:

North Korea on Tuesday fired dozens of artillery rounds onto a populated South Korean island, killing two and injuring 19 others after Pyongyang claimed that Seoul was readying for “an invasion,” officials said.

South Korean President Lee Myung-bak called an emergency session of his national security-related ministers in an underground bunker at the presidential residence late Tuesday to devise a response to the attack, which occurred near the disputed western border between north and south.

The Seoul government later called North Korea’s artillery attack a “clear military provocation” and warned that the secretive regime would face “stern retaliation” should it launch further attacks.

. . .

The South Korean military was placed on high alert, with fighter jets sent into the air, after officials confirmed that two Marines were killed and 19 others—including three civilians—were injured.

. . .

The White House . . . said the U.S. would stand by South Korea. “Earlier today North Korea conducted an artillery attack against the South Korean island of Yeonpyeong. We are in close and continuing contact with our Korean allies,” said a statement.

“The United States strongly condemns this attack and calls on North Korea to halt its belligerent action and to fully abide by the terms of the Armistice Agreement.” It added that the U.S. “is firmly committed to the defense of our ally, the Republic of Korea, and to the maintenance of regional peace and stability.”

See http://www.latimes.com/news/nationworld/world/la-fg-korea-shelling-web-20101124,0,958943,full.story; see also http://online.wsj.com/article/SB10001424052748703904804575631763523837910.html?mod=WSJ_hp_LEFTTopStories and http://news.yahoo.com/s/afp/20101123/wl_afp/nkoreaskoreamilitarynuclearweapons_20101123092327

A USA Today article added:

The skirmish came amid high tension over North Korea’s claim that it has a new uranium enrichment facility and just six weeks after North Korean leader Kim Jong Il unveiled his youngest son Kim Jong Un as his heir apparent.

. . .

The existence of North Korea’s new uranium enrichment facility came to light over the weekend after Pyongyang showed it to a visiting American nuclear scientist, claiming that the highly sophisticated operation had 2,000 completed centrifuges. Top U.S. military officials warn that it could speed the North’s ability to make and deliver viable nuclear weapons.

See http://www.usatoday.com/news/world/2010-11-23-korea-artillery_N.htm?loc=interstitialskip

[14] The Wall Street Journal reported:

Beijing [has] lodged its first official protest of a joint U.S.-South Korean military exercise planned for Sunday, even as the aircraft carrier USS George Washington steamed toward the region.

North Korea also responded angrily. “The situation on the Korean peninsula is inching closer to the brink of war,” the state controlled Korean Central News Agency responded Friday to the maneuvers, which are set to take place in the Yellow Sea between the Koreas and northeastern China.

The strong talk was the latest fallout from North Korea’s hour-long artillery attack of a South Korean island on Tuesday that killed four people. The next day, the U.S. and South Korea said planned joint exercises would go ahead over the weekend, heightening fears in some quarters that already-tense relations between North and South Korea—and their respective international protectors, China and the U.S.—could be heading for a showdown.

Yet China’s outwardly defiant response belies a more delicate political reality: Beijing’s continued support of North Korea’s erratic, martial regime is beginning to extract real costs. China’s statement Friday included a face-saving formulation that appeared to open the door for a scenario China has long sought to avert—a U.S. aircraft carrier, a potent symbol of U.S. military might, plying the edge of Chinese waters.

. . .

China has long frustrated U.S. efforts to bring its nuclear-armed neighbor to heel, fearing any radical change could sow chaos in the region and potentially lead to a unified Korea with a U.S. military presence directly on its border. Beijing refused this week to blame North Korea for Tuesday’s attack. Privately, its officials maintain, the weekend’s exercises could be a grave mistake that risk further provoking the North.

But current and former U.S. officials who have worked on North Korea said Friday that they saw China in a growing quandary in how to square its support for Pyongyang with the regime’s continued provocations.

Beijing has sought in recent months to deepen its economic and strategic relationship with North Korea, despite U.S. objections, arguing it would help contain leader Kim Jong Il’s nuclear work and military provocations. As Pyongyang has continued to challenge the international community, however, China has been placed in an increasingly weakened position to protest U.S. military action.

“China is having a much harder time in defending its policy, but they only have themselves to blame,” said Michael Green, who oversaw Asia policy for the White House during George W. Bush’s first term. “You talk to any Chinese official, and they’re furious with the North Koreans.”

Beijing is also facing renewed criticism from Chinese foreign-policy experts, journalists and Internet activists who question whether unqualified support for North Korea is still in China’s interests.

China’s apparently softened stance on Yellow Sea exercises appears to demonstrate a concern that the North Korean crisis will overshadow a planned trip to Washington in January by President Hu Jintao. It may also reflect an acknowledgment that China would be unlikely to prevent the U.S. and South Korea from staging their drills following the week’s attack, requiring a compromise to avoid appearing weak before an increasingly nationalist and demanding Chinese public.

“The very recent developments put China in an awkward position,” said Jin Canrong, an international relations professor at Renmin University in Beijing. “China’s not pleased to see that, but it has to face it. So its immediate concern is to contain the crisis.”

U.S. military officials insisted Friday that the exercise scheduled for this weekend shouldn’t be interpreted as anything but an attempt to deter North Korea from further attacks on the South.

“This exercise is not directed at China,” said Capt. Darryn James, a Pentagon spokesman. “The purpose is to strengthen the deterrence against North Korea.”

U.S. officials on Friday said the Obama administration continues to focus its diplomacy in Northeast Asia on gaining China’s cooperation to exert more pressure on North Korea.

. . .

[In] a speech by [Secretary of State Hillary] Clinton[,] she said that the U.S. had a national interest in protecting freedom of navigation in the South China Sea. Ever since, China and the U.S. have been engaged in a tussle for influence in the region, where many Southeast Asian nations that have territorial disputes with China are looking to beef up defense relations with the U.S.

See http://online.wsj.com/article/SB10001424052748704008704575638420698918004.html

[15] The Los Angeles Times is reporting that the chairman of America’s Joint Chiefs of Staff said in Seoul that Beijing’s inaction gives tacit approval to its ally North Korea’s aggression:

The most senior U.S. military official delivered a sharp rebuke to China on Wednesday, blaming Asia’s top power for failing to rein in its North Korean ally in the escalating dispute over the fate of the Korean peninsula.

Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, blasted China for refusing to condemn North Korea over the Nov. 23 artillery barrage that killed four people on the South Korean island of Yeonpyeong. He spoke in Seoul, where he met with his South Korean counterpart in a public display of resolve to deter any North Korean aggression.

But Mullen directed some of his most pointed criticism at Beijing.

“The Chinese have enormous influence over the North, influence that no other nation on Earth enjoys,” said Mullen at a press conference at the South Korean Ministry of National Defense. “And yet, despite a shared interest in reducing tensions, they appear unwilling to use it.”

“Even tacit approval of Pyongyang’s brazenness leaves all their neighbors asking, ‘What will be next?’ ”

At the joint news conference Wednesday, Han Min-koo, South Korea’s own top commander, said that rules of engagement are being strengthened to allow commanders on the ground to fire back immediately in case of another North Korean attack.

. . .

“It is not just that China is turning a blind eye to what North Korea is doing, they are enabling North Korea,” [L. Gordon Flake, a Korea specialist with the Mansfield Foundation] said. ” China’s overt support for North Korea is blunting the effectiveness of diplomatic measures to curb their behavior.”

. . .

The U.S. administration has also signaled that it is not ready to return to the previous diplomatic path of the six-party talks, a position Mullen reiterated Wednesday.

“We first need an appropriate basis for the resumption of talks,” he said. “There is none so long as North Korea persists in its illegal, ill-advised and dangerous behavior. I do not believe we should continue to reward that behavior with bargaining or new incentives.”

See http://www.latimes.com/news/nationworld/world/la-fg-mullen-china-korea-20101209,0,6920379.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fmostviewed+%28L.A.+Times+-+Most+Viewed+Stories%29

[16] See http://online.wsj.com/article/SB10001424052748704138604576029240348016046.html?mod=WSJ_hp_LEFTTopStories; see also http://online.wsj.com/article/SB10001424052702304879604575582343372934982.html?mod=WSJ_hp_LEFTTopStories (“A History of Korean Tensions”)

[17] Also, the Journal article stated:

With its Nov. 23 attack on Yeonpyeong Island and in statements since, North Korea has tried to effectively redraw a maritime border in the Yellow Sea that it has long disputed with South Korea. Four South Koreans, including two civilians, died in the attack.

North Korea claimed that waters around the island, into which South Korea has test-fired artillery since the mid-1970s, belong to it and that any South Korean military test amounts to an attack on its territory. South Korean officials insisted on continuing the drill on the island to assure that North Korea’s attack wouldn’t create a de facto change of its territory in the maritime border area.

. . .

North Korea’s statements caused more alarm in other countries than they did in South Korea, where North Korea’s rhetoric is part of the daily noise. Analysts in Seoul over the weekend noted that Pyongyang’s threats were issued by lower-level sources than the agencies affiliated with its dictator Kim Jong Il. As well, military officials said they saw no unusual preparations by the North’s military over the weekend.

As a result, no special precautions were ordered on South Korea’s mainland and in the capital city of Seoul, just 30 miles from the border, and business proceeded as usual Monday.

. . .

North Korea’s offer to restart international nuclear inspections may have less impact now after its announcement last month of a uranium enrichment program. When the North’s nuclear-weapons development work was confined to plutonium reprocessing, it was easy for inspectors to monitor.

But, analysts note the uranium program Pyongyang revealed last month is likely housed in multiple locations and easily hidden, making the inspections process less reliable as a means of holding North Korea to disarmament agreements.

See http://online.wsj.com/article/SB10001424052748703886904576031232770698532.html?mod=WSJ_hp_MIDDLENexttoWhatsNewsForth

[18] See http://www.guardian.co.uk/world/2010/nov/29/wikileaks-cables-china-reunified-korea

[19] See https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/; see also https://naegeleblog.wordpress.com/2010/01/19/emp-attack-only-30-million-americans-survive/#comment-1170








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