Features
TRUMP SHOOTS FOR PRESIDENTIAL IMMUNITY
by Vijaya Chandrasoma
The name is Trump. Donald Trump. 007 : LICENCE TO KILL
(with apologies to the real 007, James Bond)
The case for Presidential Immunity was heard by Washington DC Federal Appeals Court on Tuesday, January 9, where a three-judge panel heard arguments from Trump’s counsel and Special Counsel Jack Smith. A randomly chosen panel, which proved to be misogynist Trump’s worst nightmare: three women, one, the daughter of Asian immigrants (who “poison the blood of the American people”), the second an African American woman and the third, a 79-year-old white woman, not his type at all. A panel of ladies who will be responsible for the most important ruling in a life dripping with every category of criminal behavior.
Trump’s counsel had claimed total immunity for all actions taken by a sitting president, criminal acts which could be construed as critical for the security of the nation, even if such acts were against the law and the Constitution. Trump says he was acting within the scope of his presidential actions during the insurrection of January 6, 2021, because the violence of the attack on the Capitol occurred while he was conducting an investigation into election fraud in the November 2020 election!
When you consider this statement in the context of his pre-insurrection speech at the ellipse, when he exhorted his white supremacist terrorists to march to the Capitol and “fight like hell”, to prevent the peaceful and constitutional transfer of power; when he now refers to these terrorists who have been convicted and serving prison sentences as “hostages”; you realize how emotionally and mentally stunted this seditious lunatic really is.
The main argument of Trump’s counsel suggested that “even a president directing a SEAL Team Six to assassinate a political opponent would be an action barred from prosecution, given a former executive’s broad immunity to criminal prosecution, unless he was first impeached and convicted by Congress”.
Trump’s counsel, John Sauer, seems to be confused by the differences between political and judicial processes. As Senator Mitch McConnell argued, after he voted to acquit Trump after the Congress impeachment for inciting the January 6, 2021 insurrection, “impeachment was never meant to be the final forum for American justice”, adding, “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one”.
As comedian Jimmy Kimmel said, “If a sitting president is legally able to assassinate a political rival without fear of prosecution, Trump had better lock the doors at Mar a Lago because “Bazooka Joe Biden” has every reason to blow it to Kingdom Come”.
The legal concept of Trump’s counsel on presidential immunity is eerily similar to the legal code of Trump’s mentor, Russian President Putin. Putin failed in an attempt to poison Kremlin critic and chief political opponent, Alexei Navalny, who is now languishing in an Arctic penal colony in Siberia, serving a lengthy prison sentence for the vague crimes of “creating an extremist community and financing extremist activities”. Presidential immunity and absence of accountability enable Putin to contest re-election in March this year, with Navalny, who has posed serious threats to his legitimacy, safely out of the way.
An argument also reminiscent of Nixon’s flawed claim in 1974: “If the President does it, it’s legal”. An assertion shot down in flames by the then Supreme Court, which compelled Nixon, after resignation, to seek a presidential pardon from President Ford (which was a part of the deal of his resignation), to avoid future criminal prosecution, which the Supreme Court had deemed to be inevitable without such a pardon.
Which begs the facetious but valid question. Would Donald Trump, a man with a penchant for divorce, have been able to shoot Melania to avoid divorce while he was president, and escape prosecution for murder after he leaves the White House? Grounds for murder? Her resistance to be raped by him, probably because of his renowned noisome body odor and other shortcomings, caused him such mental distress and physical frustration that they prevented him from performing the presidential functions necessary to maintain the nation’s security.
Although there was no legal requirement for Trump to appear at court on Tuesday, he did so willingly, in spite of constant whining that all these court dates interfere with his election campaigns, especially a few days before the Iowa primary.
Trump calculated that his appearance in court will serve him better than a campaign rally speech, as he will be able to get free international publicity by pleading his case for presidential immunity before the world media on the steps of the courthouse. And, of course, even his ridiculous arguments will be lapped up by his “base”, irrespective of judicial inaccuracies, which will enable him, once again, to raise a ton of money from his incredibly gullible supporters.
The ruling of the federal court will be appealed, either to the full Washington DC appellate court, or more likely, the United States Supreme Court. Nothing is certain in the US judicial system, but it is likely that these courts will either refuse to hear the case or throw it out for lack of credible argument.
However, Trump would have won the victory he seeks: to buy more time and gain further delays in the numerous cases against him, to achieve his ultimate and desperate goal to gain re-election in November and so either self-pardon or instruct the Justice Department to dismiss all these cases.
Trump is fully aware that this ruling on presidential immunity is vital if he is to realize his desperate bid for the 2024 presidency. His criminal complicity in and incitement of the January 6, 2021 insurrection would be the easiest of the myriad cases against him to prove conclusively, with video evidence and hundreds of witnesses scheduled to testify against him. As would be the espionage case, where he stole and abused top-secret documents belonging to the government when he was ejected from the White House. Both criminal cases which, if he is convicted, will see him in prison for the rest of his miserable life.
Trump is facing another unexpected threat to his hitherto certain nomination to the Republican candidacy in November. Last week, Nikki Haley had a surge in the New Hampshire polls and is now within seven points of Trump’s numbers, 39% to 32%, the closest any rival has ever been to him in the polls during this election cycle.
Chris Christie unexpectedly suspended his campaign last week, with a defiant and courageous speech. The only Republican who had openly and virulently attacked Trump, he concluded his speech with a veiled shot at Nikki Haley and Ron DeSantis, and those Republicans who feel that they have no other choice than a convicted felon as their candidate for the presidency.
“Anyone who is unwilling to say that Trump is unfit to be president of the United States is unfit themselves (to be president of the United States)”.
Nikki Haley and Ron DeSantis squared off at the CNN sponsored debate, moderated by Jake Tapper and Dana Bash, last Wednesday in Des Moines, Iowa. The debate provided them with their last chance before the Iowa primary on Monday, January 15, to win over Iowa voters, and emerge as an admittedly long-shot alternative to Donald Trump as the Republican presidential nominee in November 2024.
Donald Trump was also invited to participate in the debate, but he declined, as he has done in all previous Republican debates. Instead, he attended an hour-long Fox News town hall meeting in Iowa on the same night, moderated by Fox anchors, Brett Baier and Martha MacCallum. Trump was talking to a captive audience, ranting the usual drivel about his stable genius, though he did try to talk down some of the more outrageous comments he has made in recent weeks. He said “I am not going to be a dictator”, and said he “wouldn’t have time for retribution”, because he’ll be too busy Making America Great Again. Predictably, he boasted about his enormous lead in the Republican polls and had the usual crude words of insult for his rivals. There seems to be little doubt that he would be the Republican nominee in November 2024, unless there is a legal implosion which will prevent him from contesting the election.
So the real choice for both Haley and DeSantis at the CNN debate was whether to rip into each other, go after Trump with their gloves off, or both. So far, they had been just playing for second place, notably Nikki Haley, who had remained, until this debate, very coy about being selected for Trump’s Vice President spot. Trump dangled this bait during the Fox News town hall meeting, when he said that he had already made his VP choice, but refused to name the person.
Predictably, Haley and DeSantis chose mainly to stay with the first alternative, attacking each other for much of the debate. They did briefly dance around the second, getting in a few telling shots against Trump, the front runner by far for the nomination.
They both agreed that Trump should be participating in the debate, to defend his record. But they refused to be specific, saying nothing about his performance during his first term of presidency, when he mismanaged the pandemic which cost over 600,000 avoidable deaths, and added $7.8 trillion to the national debt; and the 91 felonies on which he has been arrested after his defeat in November 2020. Felonies of sedition, inciting an insurrection to prevent the constitutional transfer of power, and espionage, stealing and dealing in top-secret documents belonging to the government, to name just two.
And they failed a perfect opportunity of going after Trump, when Jake Tapper asked them both the easiest softball question, one begging to be hit out of the park.
Tapper’s question: Did they believe that Donald Trump has the moral character to be president again?
Nikki Haley waffled: “I think Trump was the right president at the right time. But I think the president needs to have moral clarity….I believe in getting things done, no vendettas, no whining, just getting things done. I think it’s time for a new generational leader that’s going to go and make America proud again, and that’s what I’m trying to do”.
Same question for DeSantis, who was a little tougher on Trump, criticizing his poor record on curbing public disorder, specifically during the Black Lives Matter riots after the brutal murder of George Floyd in 2020, broken promises on the border wall and failure to attack Washington corruption.
But if they had the slightest intention of challenging Trump for the Republican nomination, there was really only one correct answer to Tapper’s question.
Donald Trump has the moral character of an axe murderer.
Wednesday’s debate was a weak dead-heat for second place, with Haley and DeSantis limping to the finish line, the winner again being the non-participating Trump. The murky Republican nomination clouds may become a little clearer after the Iowa and New Hampshire primaries next week and January 23, respectively.
Judging on Wednesday’s performance, Trump will win Monday’s Iowa primary in a hack canter, with Nikki Hayley plugging along to a distant second. And the New Hampshire primary on January 23 will see Trump conclusively clinch the Republican nomination.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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