Features
WILL TRUMP BE DISQUALIFIED FROM RUNNING IN 2024?
by Vijaya Chandrasoma
On August 19, University of Chicago Law Professor William Baude and University of St. Thomas Professor Michael Stokes Paulsen, both members of the right-wing Federalist Society, published a paper, to the effect that, “based on Section 3 of the 14th Amendment of the Constitution, if the public record is accurate, the case is not even close. Trump is no longer eligible to (run for) the office of the Presidency”.
At that time, this interpretation of the 14th Amendment was regarded by the media and the legal community as mere conjecture, with no real teeth to prevent Trump’s presidential candidacy.However, since then, there has been increasing momentum amongst the legal community, confirming the constitutional argument that Trump could be disbarred from the presidency.
The latest opinion came from Lawrence Tribe, Professor Emeritus of Constitutional Law at Harvard University, Founder of the American Constitution Society and deemed one of the nation’s foremost authorities on Constitutional Law.
Professor Tribe said on CNN’s State of the Union last Sunday: “The people who wrote the 14th Amendment were not fools. They realized that if those people who tried to overturn the country, who tried to get rid of our peaceful transitions of power are again put in power, that would be end of the nation, the end of democracy”.
Michael J. Luttig, one of the country’s best known conservative jurists and key adviser to former Vice-President Pence said, in an interview with the Washington Post, “250 years ago, we had a revolution against the king, created a new nation and a new Constitution to govern the nation…. The former president attempted to overturn an election that he had lost fair and square, incited the attack on January 6 in order to prevent the Joint Session (of Congress} from counting the electoral votes to determine the presidency of the United States of America”…. If he runs again, “Donald Trump, in the end, will be allowed to make a mockery out of the Constitution of the United States and the Rule of Law”.
Section 3 of the 14th Amendment is a self-executing provision of the US Constitution, a provision that can be enforced without the aid of a legislative enactment, like a conviction.
“The former president’s efforts to overturn the 2020 presidential election, and the resulting attack on the US Capitol, place him squarely within the ambit of the disqualification clause, and he is therefore ineligible to serve as president ever again”, wrote Tribe and Luttig.
The final ruling will probably be determined by the Supreme Court, which gives Trump a 6/3 advantage. However, if the Justices rule not on Party lines but on a strict interpretation of the Constitution and their conscience, as they did on the 2020 election disputes, there is every chance that the majority of the Court will uphold the provisions of the 14th Amendment and rule that Trump is not qualified to run for or hold any public office in the United States in the future.
A lawsuit has already been filed by Noah Bookbinder, President of Citizens for Responsibility and Ethics in Washington (CREW), in Colorado which states: “Having disqualified himself from public office by violating Section 3 of the 14th Amendment, Donald Trump must be removed from the (Colorado State) ballot. January 6 was an unprecedented attack, exactly the kind of event, against which the framers of the 14th Amendment built such protections. You don’t break the glass unless there’s an emergency”.
With 13 months and four criminal trials to go before the November 2024 election, there will surely be many more lawsuits, filed by secretaries of state of Red and Blue states, to disqualify Trump from running.
Trump himself is currently providing the best evidence for his own disqualification with his post-arrest rantings, at TV interviews and campaign rallies. These may prove to be more effective than any legal interpretation of a constitutional amendment.
Trump is every prosecutor’s dream defendant, and every defense lawyer’s nightmare. He contradicts himself and admits to the many charges against him almost every time he opens his mouth at campaign rallies and interviews.
Last week, in an address at a Washington DC Pray Vote Stand summit, Trump stated that Joe Biden was “cognitively impaired” and would “lead the country into World War II if re-elected”. World War II ended in 1945. In the same speech, Trump said that he was “ahead of Obama in the 2024 election polls”, mixing up Presidents Obama and Biden. He also said that Obama was his opponent in 2016, “With Obama, we won an election that everyone said couldn’t be won”. Hillary Clinton was his opponent in 2016.
President Biden may be 80 years old, but compared to the mental and moral wasteland that is the 77 year-old Trump, he’s an intellectual giant, who gave a stirring oration at the United Nations General Assembly last week.
At an exclusive interview with Kristen Welker, aired on NBC Meet the Press on Sunday, September 17, Trump contradicted both himself and the positions taken by defense lawyers on numerous occasions. A few extracts:
He declined to answer the question posed by Ms. Welker on how he spent the afternoon of the insurrection on January 6, 2021. “I am not going to tell you. I’ll tell people later at an appropriate time”. Trump’s aides have already confirmed, under oath, that he had sequestered himself in a room off the Oval Office to watch the violence on TV. It took him 187 minutes to order the insurrectionists to stop the violence and to go home.
About the alleged fraudulent 2020 election, Trump said that “It was my decision, that the 2020 election was rigged, there was no question about it”. A statement in direct contradiction of his defense lawyers’ mendacious argument that he was merely going by the advice of his White House counsel, who convinced him that the election had been rigged.
In truth, his own Attorney General, William Barr, and many White House aides have already given evidence on oath that they had told Trump that there was no evidence of election fraud.
When asked about the mishandling of government top-secret documents stored at unsecured Mar a Lago locations, Trump said, “They were my documents. I could have fought them. I didn’t have to give them back” (to the National Archives). A total legal delusion. Those documents were the property of the US government.
When asked if he would testify to this effect, he said, “Sure, I’m going to – I’ll testify”. Trump’s defense lawyers will never let him get a mile near the witness box. He covers up one lie with another, he’ll be found guilty of perjury within minutes.
The impeachment of President Biden, proposed recently by Republican Speaker McCarthy, was based on minor charges against his son, Hunter. McCarthy also talked vaguely about “other high crimes” of the “Biden Crime Family” without a vestige of facts or evidence. He denies this is retaliation, the classic quid quo pro – “They did it to us, we do it to them”.
The Republican Congress recently accused the Attorney General Merrick Garland and the Department of Justice of showing a double standard in the treatment of the respective crimes of Hunter Biden and Donald Trump. Sure, there was a double standard. The crimes under investigation of Hunter Biden, private citizen, were three gun-related offences. The crimes of former President Trump, indicted, arrested and released on conditional bail, are espionage, sedition, obstruction of justice, sexual assaults and financial fraud. A ridiculous comparison. Apples and oranges, many, many rotten oranges.
Trump claimed that the Democratic Speaker Nancy Pelosi was somehow responsible for the January 6 insurrection. This statement is preposterous, even by Trump standards. Pelosi was one of the two main targets (the first being Vice-President Pence) of the insurrectionists. She did not have the authority to call for immediate Capitol Police and National Guard reinforcements to quell the violence. Only Trump did. And he didn’t, for 187 minutes, in spite of desperate calls from Vice-President Pence, Speaker Pelosi and Republican Minority House Leader McCarthy.
When asked about abortion rights, Trump said the Republican positions were “terrible”, though he held these same positions during his presidency. In fact, he once announced at a rally that Democrats allowed abortion after childbirth, a typically moronic statement, as such an act ceases to be abortion. Killing an infant is murder.
He now seeks to portray himself as a “deal maker”, making vague and confused comments on the “number of weeks after which he would ban abortion”, and whether it’s a decision that should be “left to the state or the federal government”. He is softening his stance on abortion because he has realized it’s going to be a major factor in the 2024 election.
Abortion is a decision to be made by the pregnant woman (or the parents, where relevant, of a pregnant minor) and her doctor. It is certainly not a decision for old white geezers, who barely know what an uterus is, who demand Victorian sexual morals of others, while being lecherously liberal of their own.
Special Counsel Jack Smith is seeking an order to prevent Trump from making inflammatory, intimidating and threatening remarks against witnesses, prosecutors and judges. “Through his statements, the defendant threatens to undermine the integrity of these proceedings and prejudice the jury pool”.
Trump has shown no signs of toning down his comments, even though his arrest and release were on conditional bail. He keeps repeating his lies that “the FBI and Justice Department are weaponized”, that “President Biden is crooked” and Special Counsel Smith is “deranged”. He even claimed that Judge Chutkan was a Trump hater, and insists that she recuse herself.
“They Leak, Lie & Sue, and they won’t allow me to SPEAK”, Trump wrote on his social media. Special Counsel “Smith wants to take away my rights to speak freely and openly under the First Amendment”. His lawyers should advise him that specific threats, especially those with an intent of causing bodily harm and endangering lives, are not protected by the First Amendment.
Trump’s desperate defense strategy is obvious. Left without any restraints, he will order his thugs (the process has already begun) to send death threats to witnesses, prosecutors and their families. He will poison the jury pools, so that a unanimous verdict may not be possible. The judge may have to call a mistrial, which he will trumpet to his base as proof of his innocence, a triumph.
Judge Chutkan, the presiding judge over the case against Trump on the alleged felony of sedition in the January 6 insurrection, had imposed certain conditions on Trump on his release on bail. Trump has already flouted these conditions.
Special Counsel Smith has now filed a request for a “narrowly tailored gag order” on Trump, limiting how he would be able to publicly comment on any of the cases against him. However, knowing Trump and the certainty that he will violate such a gag order, Judge Chutkan may well have to reconsider more Draconian measures to restrain Trump from interfering in the judicial process in the future, up to and including imprisonment.
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 . )
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
