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Trump Guilty! And Anniversary Blues

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Donald J. Trump

by Rajan Philips


Just after 5:00 PM local time on Thursday, a jury of 12 New Yorkers, seven men and five women, found the 45th President of the United States of America, Donald J. Trump, guilty on all 34 counts that he had been charged with for falsifying business records to influence the outcome of the 2016 presidential election. Each one of the 34 counts was about hiding the payment that Trump had authorized to be made to Stormy Daniels, a porn star and adult film actress, to buy her silence about a sexual liaison between them.

Neither the sex nor the silencing of it was illegal, but conspiring and acting to suppress the story from becoming public broke the New York State election law against hiding information from voters to influence an election. Hence the prosecution. And now the verdict.

The liaison had been in 2006 when Trump may not have even thought about running for president. The payment was made ten years later and one month before the November 2016 presidential election to stop the Stormy Daniel story reaching the media. The payment scheme was executed under a plan that Trump had put in place in August 2015, two months after he announced his presidential candidacy in New York.

The plan involved Michael Cohen, Trump’s nefarious personal lawyer taking care of under the table deals, and David Pecker, a tabloid magnate who provided “catch and kill” service to rich clients by buying out and not publishing scandalous stories about them. Pecker would be the “eyes and ears” of the Trump campaign and would look for negative stories from women and “take them off the market place.”

Pecker testified in court that he paid another of Trump’s liaison’s, one Karen McDougal, a former Playboy model, and bought her story, but was not reimbursed by Trump. For Stormy Daniel, the payment was made by Trump’s sidekick lawyer Michael Cohen and Cohen was reimbursed by Trump’s accountant in multiple payment and each payment was recorded as legal fees. Hence the falsification of records.

The jury heard all of this and more, including salacious details about Trump’s one night stand with Stormy, from 22 prosecution witnesses in the month long trial. Trump’s legal defence was largely limited to denouncing Michael Cohen as an inveterate liar and felon and asserting that his testimony should be rejected. The prosecution’s response was that they did not pick Cohen, but Trump did, and not only Cohen but also everyone else involved in this sordid tale.

New York Judge Juan Merchan who presided over the trial has set sentencing for July 11. That would be four days before the start of the Republican National Convention in Milwaukee, Wisconsin, where Trump is to be nominated as the Party’s presidential candidate. Although the charges that Trump has been found to be guilty of carry a maximum jail sentence of four years, the expectations in legal circles are that the Judge may settle for probation rather than imprisonment of a former President. In any event, Trump would certainly be appealing the verdict and the legal basis for his indictment and trial. He will keep grinding the American judicial wheel. And nothing will bar him being a presidential candidate.

Trump’s main defence is also political. He has already indicated that the real verdict would be delivered on November 5th, in the presidential election. He is going all out for victory, for he knows that is the only way he has to get out of his legal troubles. President Biden is in agreement with Trump that the real verdict would be on November 5th, because from his standpoint only the American people could ultimately decide to keep Trump out of the White House.

For now, the Republicans are rallying round Trump and denouncing the verdict from New York as a travesty of justice. The Democrats are celebrating the prevalence and the equal application of the rule of law even to a former President. How many Americans would want to have a convicted felon as their president? In most countries, he could not even be a candidate, and rightly so.

Anniversary Blues

In my column two weeks ago (May 19th), I made little more than passing references to two political anniversaries that come and go during the month of May. The older of the two is the anniversary of Sri Lanka becoming a republic and the First Republic Constitution that was adopted on May 22nd, 1972. The junior anniversary falls on May 19th and it marks the end of the war in 2009 – that came after nearly three decades of political violence and 37 years after Sri Lanka became a Republic. I also noted in passing that unlike the May 19th anniversary, no one observes the May 22nd anniversary officially or unofficially, and my comment itself may not have been noticed by anyone in particular.

So, it was fitting to see Dr. Nihal Jayawickrama’s fulsome reminder last week of the anniversary of the First Republic. I cannot agree more with his opinion that without Dr. Colvin R de Silva’s ministerial stewardship Sri Lanka would not have become a republic in the way and manner it did – as Dr. Colvin was wont to say, “not merely despite the Queen but in defiance of the Queen.” However, in my view, the reason why the republican anniversary has fallen into official disuse is because of the decision of the United Front Government after 1972 to officially celebrate only the Republic Day on May 22nd, and to stop commemorating the country’s independence day on February 4th, purportedly because it was a reminder of the UNP’s ‘fake independence’. That was unfortunate.

Ideally, the UF government could and should have celebrated both February 4th and May 22nd, and that would have established the same healthy tradition as in India where the independence day is celebrated on August 15th and the Republic Day on January 26th. Instead, the UF’s decision to ignore February 4th played straight into the tit-for-tat hands of JR Jayewardene. JRJ dropped all recognition of May 22nd and enshrined February 4th and other state paraphernalia such as the national flag and the national anthem in a Schedule to the 1978 Constitution and rendered them unalterable except through a referendum.

As well in my view, the very institution of the referendum was intended by JRJ to stop future negations of the state paraphernalia and to provide a mechanism for postponing elections. Judicial exuberance would later carry this further, interpretively. Imagine an underlying “basic structure” of the 1978 constitution (that was, in fact, no more than an offspring of the mind of President Jayewardene and the Parliamentary Committee that he presided over) and elevate the institution of the referendum as a requirement to amend any aspect of the basic structure. Dr. Jayawickrama, and Dr. Colvin R de Silva before him, have persuasively argued otherwise, and asserted that there is no need to use the referendum except for the specific purposes stipulated in the 1978 Constitution.

Additionally, I noted that the exceptionally flexible 1972 Constitution carried in its womb the seeds of its own undoing and was totally repudiated and wholly replaced by an exceptionally rigid constitution in 1978. Even though the anniversary of the 1972 Constitution may have fallen into disuse, the political legacy of 1972 has not died and continues to provide the parliamentary antithesis to the presidential usurpation of the 1978 constitution. Operationally, no political leader or party has been able to muster the same skill, strength and purpose of a Colvin R de Silva or a JR Jayewradene that is necessary to constitutionally resolve this political tension. But the tension is there, and it commemorates 1972.

If May 22nd is a formally forgotten anniversary, May 19th is a much remembered one. The end of the war anniversary is remembered officially and unofficially, in the north and in the south, and in places east and west where many Sri Lankans have now migrated. As I noted earlier, the end of the war anniversaries have become the continuation of the war by peaceful means. And I expressed the hope that they would remain peaceful forever and are not influenced or infected by the raw shenanigans such as allegedly involving the current Indian government and Khalistan Sikhs.

This year there has been more than the usual spate of commentaries on the end of the war commemorations. Of all the writeups, I was most struck by Meera Srinivasan’s account in The Hindu, dated May 25th, and entitled “A Poverty of Hope Among Sri Lankan Tamils.” Ms. Srinivasan’s columns are available on line and are often republished in Colombo. She is a well informed and objective writer, but what sets this particular piece apart from her other writings and the writings of others on the end of the war anniversary is, in my view, the exclusive focus on people – the survivors and victims of war. Many of them are double victims of the 2004 tsunami and the 2009 devastation.

The people and their plights are always forgotten in the misallocation of resources, haggling over devolution of powers and debates over political abstractions. Even the ever elusive reconciliation attempts are all top-down and far removed from the needs of the people. Addressing the basic needs of the people on the ground is the most basic obligation of the state and those who aspire to be its leaders.

It should not be difficult for the Sri Lankan state to return to people their land to rebuild their lives, give fishers free access to the sea and the means to transport their haul, provide basic water and sanitary services, establish schools for children, and most of all provide conclusive information on people who have gone missing after surrendering. Who will commit to making a start on this basic agenda before the next anniversary? That could be a question for the upcoming presidential election.



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Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber

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“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “

According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.

Sri Lanka’s Absence from Section 301 Consultations

But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.

In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.

As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .

Awakening from Diplomatic Slumber and AKD’s Gazette

Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.

As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?

Challenges ahead

“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.

With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.

So, this is definitely not the time to slumber.

(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira ✍️

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Tales of Mystery and Suspense 10 Casino for Sale

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After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.

I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.

This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could  not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.

Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.

Caryl and Simon

The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.

But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.

Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.

Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.

Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.

Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.

When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.

Again, lots of excitement, and entertaining references  – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.

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The challenge of being positive about SAARC

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The RCSS forum addressed by SAARC Secretary General Ambassador Md. Golam Sarwar in progress. (Pic courtesy RCSS)

It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.

Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.

However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?

There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.

The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.

Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.

Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.

The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.

On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.

In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.

Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.

Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.

The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.

These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.

Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.

There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.

However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.

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