25 January 2008

My few problems with Mitt Romney

As the man coming in to rescue the Salt Lake City Olympics, he would, indeed, prioritize spending, remove waste and make sure that the games and essential services were met. However, as there was an ongoing federal probe and prosecution going on during that period, he was trying to distance the games from its earlier organizers and promoters. And, perhaps, going just a bit too far in that attempt. The following from a Concord Monitor article of 21 DEC 2007:

Not everyone was taken with Romney. As he came in, the FBI was investigating the scandal. While Romney overhauled the books, Welch, who had led the bid committee, was indicted on 15 felony counts, including racketeering, conspiracy and fraud.

To Fonsbeck, the former city councilor who said the high-priced wooing was an open secret in Salt Lake City, Romney was among those who worked to pin the blame on Welch and an associate alone, excluding them from even an Olympic memorial of names who'd contributed to the Games.

"He was kind of treating them like crooks, even though they hadn't been found guilty," Fonsbeck said. "He wouldn't allow them to be acknowledged in any way."

Fonsbeck, who was friends with Welch, said she talked to Romney just once - when he called her, asking her to urge her friend to plead guilty.

He "suggested I use my influence to get Tom to plead guilty for the good of the Games and the good of Utah," Fonsbeck said. Romney, she said, suggested that if it went to trial, Welch might end up in jail.

"I said, 'Well, I'll supply him with good reading materials,' " Fonsbeck said. "You have to understand that coming out of this redeemed is so important for Tom."

Ultimately, a judge threw out the charges, even thanking the men for their contributions.

''I can only imagine the heartache, the disappointment, the sorrow that you and your loved ones suffered through this terrible ordeal," District Judge David Sam said. ''My hope is that you will now be appropriately recognized and honored for your efforts."

But Hybl notes that the investigation wasn't Romney's - prosecutors alone decide who to indict and who not to. And Bullock brings up the cash, the scholarships, the scandal.

"Yeah, they weren't convicted, but that doesn't make something right," he said.

Yes "for the good of the Games and the good of Utah" would the executive in charge of the games press a city councilor, who knew Tom Welch, to plead guilty. It isn't the grand job that he did with the games was not grand, but in pushing for a man later to be found innocent to plead *guilty*, he went a step too far to try and make sure that *no* scandal would be attached to his tenure. In the 06 DEC 2003 Hannibal Courier-Post article on the decision in the case, the two men would be demonstrated to be innocent of the charges against them:

With a stinging attack on prosecutors, a federal judge threw out the case Friday against two civic leaders accused of bribery for lavishing $1 million in cash, gifts and favors on Olympic officials to bring the 2002 Winter Games to Salt Lake City.

The ruling by U.S. District Judge David Sam came midway through the trial of Tom Welch and Dave Johnson, and all but closes the book on the worst scandal in Olympic history.

The judge said that in his 18 years on the federal bench, he had never seen a case so devoid of "criminal intent or evil purpose." He said the evidence never met the legal standard for bribery, and the case "offends my sense of justice."

"Enough is enough," the 70-year-old Sam said.

The judge formally acquitted the men, which means the government cannot appeal, because retrying them would amount to double jeopardy.

While this tendency would not show up in governing MA, his overall performance was, basically, lack-luster. From the Cato Institute's Fiscal Policy Report Card on America's Governors: 2006 we get the final grade for out-processing Gov. Romney (and Mike Huckabee):

Massachusetts
Mitt Romney, Republican Legislature: Democratic
Final Overall Grade: C

As Mitt Romney launches his bid for the Republican presidential nomination, his fiscal record as governor should be scrutinized. Romney likes to advance the image of himself as a governor who has fought a liberal Democratic legislature on various fronts. That’s mostly true on spending: he proposed modest increases to the budget and line-item vetoed millions of dollars each year only to have most of those vetoes overridden. But Romney will likely also be eager to push the message that he was a governor who stood by a no-new-taxes pledge. That’s mostly a myth. His first budget included no general tax increases but did include a $500 million increase in various fees. He later proposed $140 in business tax hikes through the closing of “loopholes” in the tax code. He announced in May 2004 that he wanted to cut the top income tax rate from 5.3 to 5 percent, but that was hardly an audacious stand. Voters had already passed a plan to do just that before Romney even took office. In his budget for 2006, he proposed $170 million more in business tax hikes, almost completely neutralizing the proposed income tax cut. If you consider the massive costs to taxpayers that his universal health care plan will inflict once he’s left office, Romney’s tenure is clearly not a triumph of small-government activism.

Do note that the fiscal responsibility includes a power the President does not get: the line-item veto. So any spending cuts due to that cannot be factored in unless he promises to use the Executive power to say that 'anything that is not on my desk for signature is not in the budget... and that includes all "off-budget" earmarks.' Ah, wouldn't that be lovely to hear? Actually from *any* of the candidates, not just Gov. Romney. And while he would try to stick to 'no new taxes' he would increase government fees (something difficult to do in the federal government) and propose to raise business taxes.

Twice.

Finally he skedaddled from office before the bill for Romneycare could be fully assessed which, due to its structure, is a multi-year increasing cost deal. So getting to a 'balanced budget' was not done, by and large, by the decreases in spending but in the increases of fees and taxes on business. These are not definitions of a 'fiscal conservative' nor a 'small government conservative'.

Something Gov. Romney doesn't like to talk about is the use of off-shore tax havens. His various investment funds, Bain Capital, BCIP Associates III Grand Cayman, Sankaty hedge funds, and others use paper fronts and PO Boxes in the Grand Caymans and Bermuda to help corporate and other investing clients to avoid taxes (Source: AP via taxjustice-usa.com). While Gov. Romney has gained no personal tax benefit, he has invested in these funds. And that AP article gives this view of how that works and the Romney campaign's view of them:

Investing through what's known as a blocker corporation in Bermuda protects tax-exempt American institutions, such as pension plans, hospitals and university endowments, from paying a 35% tax on what the Internal Revenue Service calls "unrelated business income" from domestic hedge funds that invest in debt, experts say.

Kevin Madden, Romney's campaign spokesman, said there was nothing improper about the Bermuda arrangement, or in Romney's investment in the Cayman fund. In neither case, Madden said, did Romney gain the ability to defer or avoid paying U.S. taxes.

"I would disagree that these could be described as tax loopholes," he said. "These are perfectly normal and perfectly legal arrangements that American companies put together to be successful in the market."

[..]

Malt said he had repeatedly increased Romney's stake in the Cayman fund since 2003. He said he was unaware of the specific figures, but added that he knew he "wrote a lot of checks," and that it paid a return of 20% to 30% a year.

Malt said he was "pretty confident" that he had invested in additional offshore funds for Romney since taking over the trust. "I don't care whether it's the Caymans or Mars, if it's organized in the Netherlands Antilles or the Jersey Islands," he said. "That means nothing to me. All I care about is whether it's a good fund or a bad fund. It doesn't affect his taxes."

[..]

As governor, Romney helped raise at least $300 million in much-needed state revenue by closing what he called tax loopholes. Critics called the strategy a backdoor way to raise taxes, and Romney failed in an effort to give state officials the authority to penalize corporations that lowered their tax bills by moving their profits out of state.

As a presidential candidate, Romney calls for lowering the corporate tax rate, lowering income taxes and eliminating taxes on interest, dividends and capital gains for those earning less than $200,000. He does not discuss the use of offshore tax havens on his campaign website.

Yes, they aren't 'loopholes'. Heaven forbid that utilizing paper front companies in off-shore investing arrangements be thought of as 'loopholes'! They are just convenient ways to ensure that one's money is passed through Nations unaccountably. Unfortunately that also is the way the Red Mafia worked for the Chernoy brothers and Transworld Commodities via the paper company fronts made by Simon Reubens. They were able to so befuddle investigators and help out others, like Semion Mogilevich and the YBM Magnex fraud scheme, that the concept of 'off-shore tax loopholes' never entered into it: it was the way to filter money untraceably out of the US. So while I am sure that everything is safe, legal and above-board, may I also say that such arrangements are part of the *problem* of transnational terrorism and organized crime being able to operate out of such 'tax havens' with little to no accountability in them? Heaven forbid such accountability might affect a rich man's taxes!

This, actually, bugs me a lot. Spending articles looking at the BNL scandal, BCCI, Bank of NY, and the way off-shore paper companies have allowed terrorist and organized crime operations to proliferate and move funds unaccountably, even *after* 9/11, in addition to the direct person-to-person systems that also function out of the accountability networks, the idea of electing someone who sees these as a *good idea* is something I don't particularly like. That system of low-accountability and yet easy access to money is a direct threat to curbing and stopping the lawless actors on the world stage. So while it is perfectly 'legal' to do these things, the 'safety to the Nation' has decreased because rich folks want a way to dodge taxation in the US via these 'investment vehicles'.

Gov. Romney's work at Bain Capital would become a problem in the 1994 run against incumbent Ted Kennedy, as seen in this NYT article of 10 OCT 1994 after Bain had made taken over Ampad:

Those on the picket line are indifferent to the political implications of their strike. "They don't care about us, Democrats or Republicans, both of them," said Cindy Smith, 42, a file folder packer whose pay dropped from $9.97 to $7.88 an hour. "If Romney cared, he would come straighten us out. If Kennedy cared, he'd come find out what's happening."

Randy Johnson, 40, Local 154's top officer at the plant, said, "We kind of look at each other and say, 'What have we done?' " In July Mr. Johnson was demoted from slitting machine operator, at $10.04 an hour, to file folder packer, at $2.16 less.

When it was discovered that Mr. Romney was one of Ampad's owners, a Kennedy film production crew came out to interview workers. And now one picketer's sign proclaims, "Romney Union busters not welcome in union country." Another's says, "Romney creates jobs in Massachusetts, loses jobs in Marion."

"I don't know nothing about Ted Kennedy," said Jerry Rayburn, 25, who puts glue bindings on scratch pads and whose pay dropped by $1.83 from $9.71 an hour. "All I care about is going after Mitt Romney so we can get back to work. We're not asking for a penny more. We just want what we had."

The extent of the pay cuts is a much disputed issue. Mr. Hanson says the average worker earns $10.50 an hour -- 6 cents less than at the time of the takeover. But the union contends that workers lost 97 cents an hour.

Employees here say their problems began on July 5, when they received a memorandum telling them that Smith Corona, the company that had owned the plant, had sold it to Ampad.

At a meeting with Ampad management that day, they were presented with new wage schedules, work rules and management prerogatives, including the right to consider ability along with seniority in assigning jobs and promotions.

The shifts were altered, and many workers were told to work 12 hours each on Saturdays and Sundays and eight hours each on two other days. Workers' monthly cost of family health insurance would climb to $44, from $15, and deductibles, the amount workers pay before the insurance kicks in, would be raised.

The takeover, they were told, was a purchase of assets -- buildings, machinery, inventories, customer lists -- and the union contract was not among them. But since all the workers were union members, the company has recognized the union, as the law requires. Management and the union have been negotiating a new contract since July 20, but there has been little progress, prompting the strike.

Mr. Hanson says the changes have worked at other Ampad plants since Mr. Romney and his partners bought the company from the Mead Corporation two years ago, and since then Ampad's profits from the other three factories have grown and employment, too, from 728 jobs to 850. "People of entrepreneurial bent took it over and made it successful," he said.

Perhaps, say some workers, but the main beneficiaries of the success are Mr. Romney and his investors. Robin Dollar, a 31-year-old warehouse worker whose $9.62-an-hour wage was cut by 65 cents an hour after the company was sold, said, "I think somebody just wanted to make money at our expense."

This was a successful attempt by the Kennedy campaign to paint Romney as a corporate raider or 'take-over artist' not just a 'turnaround specialist'. It is very hard to 'turnaround' a company with high operating costs, and those costs are driven by the number of employees a company has. One of the great lessons of overhead is that equipment is, actually, cheap, but the people to run them are expensive. Also note that one of the first things to get raised was the cost of health insurance, which would then lower wages and cause problems. When done by many companies this then becomes a larger problem for the State. Luckily you get higher taxes and 'Romneycare' in a few years to take care of that problem. You would think that a man involved in venture capital and being a 'turnaround' specialist would also see the fruits of those things when they show up as a more general condition across a State and a Nation, and that shifting that burden away from companies and *to* the State is costing more money to those taxpayers, not less.

That is an indicator of a broken system: when every fix just makes things worse. By increasing the number of 'middle men' and distancing the actual cost by 'insurance' from the individual, the cost of the entire system goes *up* due to overhead (yes, high cost individuals to oversee a system!) and bureaucracy. Insurance is not the 'cure' it is the *cause* of the problem. In microcosm Gov. Romney got to see this from *both* ends and STILL does not recognize it. Perhaps systems that can't be turned around are out of his perspective as a businessman and Governor. And politician, as those are *votes* depending on a terminally broken system. Because calling subsidized insurance out to be the *problem* means the fix is eliminating the subsidization via taxation and other payments. And that is political suicide, and yet good business sense to eliminate the actual broken system and return 'insurance' to something that was a rare offer for a very few individuals because it was EXPENSIVE IN THE FIRST PLACE TO DO SO.

Doing that requires a 'small government conservative' and Gov. Romney loses out on that score previously and is shown to lose out on that, again, here.

Also it is extremely and highly ironic that Gov. Romney would try to end investing out of State in trying to close 'loopholes' after having, for years, exploited those exact, same sorts of regulations on the international scale. And says *nothing* about that while on the Presidential campaign trail.

This, unfortunately, brings us to the world of investment venture capital, an area that my understanding is nebulous, at best, and less than skin deep at worse. As Gov. Romney made Bain Capital Fund and much else of his investment funds out for him to be (and this is from the SEC filing for Bain Capital Fund VI LP in 2001):

Bain Capital Partners VI, L.P., a Delaware limited partnership ("Bain Partners VI") is the sole general partner of Fund VI and Coinvestment Fund. Bain Capital Investors VI, Inc., a Delaware corporation ("Bain Investors VI"), is the sole general partner of Bain Partners VI. Mr. W. Mitt Romney is the sole shareholder, sole director, Chief Executive Officer and President of Bain Investors VI and thus is the controlling person of Bain Investors VI. The executive officers of Bain Investors VI are set forth on Schedule A hereto.

Which, of course is also sole owner, etc. for Bain Capital Fund VI LP, ("Bain Capital"), Brookside Capital Investors, Inc., ("Brookside Investors Inc."), Sankaty High Yield Asset Investors, LLC, a Delaware limited liability company ("Sankaty LLC"), Sankaty High Yield Asset Investors, Ltd., a Bermuda company ("Sankaty Ltd."), Sankaty High Yield Asset Investors II, LLC, a Delaware limited partnership ("Sankaty II LLC"), Sankaty Investors II, LLC, a Delaware limited liability company ("Sankaty Investors II"). All of that is Mitt Romney. Sole owner, etc. for all of that. The the listing gives a bit more of a look at this for addresses and such, but by Irrevocable Power of Attorney (dated 1998) all of this is for Mitt Romney. Including an investment company called PEP in Australia.

So, one expects that running... well, it didn't even get to the Grand Cayman funds... probably held under yet another investment scheme or under that one in the Bermudas... that Mr. Romney has an idea of the tax laws involved, right? Certainly better than I do, I expect, and yet, once you can find someone to actually begin to explain it some very odd things that Congress has put in the tax laws start to pop up. Running across an article at Venture Beat on 27 JUL 2007, is an example of how the capital gains tax actually works, and then some examination of Gov. Romney's trying to describe that for a question he got over at Tech Crunch on 01 NOV 2007 (in which there is much backing and forthing in the commentary about what 'really meant' and what he did say and if the original understanding was right or not). Now the moment someone says 'tax law complexity' eyes immediately glaze over - I was fighting that myself at the time. But, for an area where Mitt Romney must be strong and convey a clear understanding of what is, at length, his life blood for income, one gets away with a feeling that something is awry. Thus starting at Gov. Romney's answer to a question on capital gains taxes at the Tech Crunch article:

MA: There’s an issue we talk about quite a bit in Silicon Valley about how venture capital is taxed. Venture capital is clearly the lifeblood of Silicon Valley that allows startups to form and grow without worrying about initial capital needs. Without that capital most public technology companies in the U.S. today would probably not exist or be in a much different form. one of the benefits of venture capital is the way they get their gains on their funds is they only pay capital gains on that carries interest even though they’re not investing their own money they’re only investing their limited partners money. It’s clearly a big incentive to be a successful venture capitalist because they’re taxed the capital gains rate. The capital gains rate is far below normal income tax rate. Congress in late spring looked at the issue to see if change is needed. Some prominent Venture Capitalists, Fred Wilson being one of them, came out and said they’re being taxed too low today and they should be paying normal income tax rates on what is effectively income. I have two questions for you, first what is your position on capital gains rate in general?

MR: I don’t believe that we should increase our capital gains tax rate. My view is in fact that for people earning 200k or less, we should eliminate the cap gains tax, the dividends tax, and the tax on interest altogether. I’d like Americans to save their money, and not get taxed on their savings. And with regard to carried interest associated with venture capital, real estate, private equity, I do not believe in raising taxes. And it is a capital gain because those individuals do make an investment, it’s a small investment, but they make an investment of their own capital and I would treat capital gains as capital gains instead of trying to re-categorize them as normal income.

Now here is the tricky part! By addressing the 'carried interest' he is getting into a nasty stew brewed up by Congress and the Venture Beat column does its level best to explain this and I will attempt to boil *that* down. What this involves is individuals running an investment fund (with many parts to it) and getting others to invest in that fund, and the manager then taking a fraction of any gains made by the fund. So while your own investment may be small, and indeed tiny, compared to Credit Suisse Boston or some other huge firm, there is money to be made from managing *their* money in these funds.

Thus, if you invest your money, as a fund manager, next to the money of a larger investor, here are the two outcomes:

Your funds X +their funds Y = T (Total)
Overall fund (F(1..n)) has n > 1 parts to it.

Lets say you all agree to the manager getting a 20% share of the profit.

Treating this all as capital gains means that any portion that pays back money out of T is taxed as capital gains without respect to the entire fund.

F(1),one item in the fund, gains R (Return), and R(1) > 0 the manager is liable for taxes on 20% of R(1) [ which is R(.2) as the agreed upon percentage] as Capital Gains Tax CGT= 15% x R(1)(20%).

If the total return for the entire fund R(T)<=0, then taxes are still paid for CGT on the part that made money ( R(1)).

Yes, you lose *and* pay at the same time.

Mitt Romney's position: If your income I <= $200k, then your CGT = 0 under what Mitt Romney wants to do.
So if you I > $200k, you then pay CGT on the loss as it is not 'normal income'.

Under this scenario of an overall fund breaking even or losing, while there is a single (or small portion) of winners, one still pays CGT for those winning parts as a MANAGER of other people's money because it is not 'ordinary income'. You have to give all the money back to the fund if it breaks even or loses money AND pay taxes on the parts that actually did well. Thus if you are the manager of, say, a local investors club for venture capitalists and have a moderately good job or set of 'ordinary incomes' just slightly over $200, and there are wild swings in the market, you could end up with a *huge* tax bill if you were managing the fund.

What that effectively does is limit the gains of a small investor, so as to try not to get investments that put them over that magic number. If you are already rich, then this worries you less as a fund manager... but if you are a talented, yet still small time manager trying to do well? Hope for a damned steady venture capital market... an oxymoron if there ever was one. If this were treated as a *fund* with 'ordinary income' due to the manager based on the profit of the *fund* then only normal tax laws (not capital gains tax laws) would apply. In other words - don't give up the day job, but don't earn too much anyways if you want to be in this realm of investing.

If I understand this (and my comprehension is dodgy at best) then the view of Gov. Romney is elitist in the extreme, due to him having forgotten what it was like to operate at the very beginning of one's career with very little to scrabble together with save one's wits and investing acumen. And if he cannot clearly explain what he wants as a politician in an area in which his knowledge, as vocally given by his supporters, is extremely high, then just how good a politician is the guy? That is the *job* of politicians: to explain the arcane idiocies they have created and why their proposals are such a *good thing*. No matter how you cut it, the explaining here is not good on his part and demonstrates either a fundamental lack of understanding of how he actually pays taxes, how he views taxes, or his ability to explain what he says and wants to do... or all of the above. If one is running as a business wonk with decent political skills, one must demonstrate *both* working together, and beyond one's own lofty income strata.

Not good to say the least. As I expect John McCain to be forthright in explaining *why* he would have been right in wanting more troops in Iraq early on without even defining the structure of the armed forces then in two conflicts and seeing a shift of time, kind and viciousness of opponent, I expect someone in the venture capital market to step me through why their views on taxation are right from fundamentals and from the existing tax code base. Clearly and succinctly as that is what politicians are supposed to *do*.

Now, Gov. Romney has also been doing a bit of self-financing this year for his primary. Over at Newsmeat it looks like $51,235 for 2007. Also of note for 2006 is a donation of $26,500 to the National Republican Senatorial Committee on 01 NOV 2006: just enough before election day so he can claim to have made it and help retire some debts, but not early enough to help much of anyone, which was what he did for the MA Republican State Congressional Committee to the tune of $10,000 on 06 JUN 2006. Now these are contributions not *loans* to oneself, and to find those we can look at the Romneyfacts website, under the lookup name of Romney. Thus we get personal loans to himself:

25 OCT 2006 - $850,000

22 DEC 2006 - $1.5 million

11 MAY 2007 - $2.5 million

29 JUN 2007 - $4 million

10 SEP 2007 - $3.5 million

28 SEP 2007 - $5 million

Total to 28 SEP 2007 - $17.35 million

To put this into perspective, over at Opensecrets, the Romney campaign, to 30 SEP 2007, is seen as raising a total of almost $63 million, of which self-financing is $17.4 million, or almost 28%. Note the Clinton numbers showing just a bit of $90 million on same to-date with that $10 million being a left-over from her senate campaign (Source: NPR). Without that he would still have been the top money earner, but would have had to scale his campaign drastically along a different route as it had already, by that point, spent all but $11 million. Without self-financing Mitt Romney would be a bit more high-flying than Rudy Giuliani or even the rest of the Republican field, but it would also have been something in line with that field. Part of depending on contributions for more than the majority but for the near entirety of one's campaign, is to demonstrate that an individual is capable of *earning* that money and *outcompeting* the rest of the field. Even worse is that the campaign spent so much money, and more by the time of the primaries, and has seen returns that, in previous years, would have seen such an individual drop out. Because of money to stay in the race, Gov. Romney can continue to keep on 'trying to make the sale' when, in a competition without such self-funding, he would quickly have to adapt to how well he was received and adjust to that.

If the knock against Fred Thompson was laziness, the one on Mitt Romney is that of a used car salesman continuing to make a pitch on something that is almost good enough but not good enough to make the sale the first time. He may, in actuality, *get the sale* but that is only to staying power that is afforded via self-finance, and stumbling hard and badly early on when his entire strategy was an 'early states victory' course. For those that put forth his great acumen from the business world: he has already LOST on his strategy and is now pushing hard to finally realize he must *make the deal* on something other than his business background and 'saving the Winter Olympics'. Those were a 'no sale' in Iowa, New Hampshire and South Carolina, and only in his 'home State' of Michigan and the relatively minor contests that no one else could compete in due to lack of funds and having half the delegates stripped from them, Wyoming and Nevada, did he get victories. How that makes the folks in the State where he has been GOVERNOR feel, I have no idea, but they have been told that he doesn't consider Massachusetts to be his 'home State'. And note his victories were not ones that he was *counting on* to gain momentum and he has been scrabbling hard to *get* momentum. Any other candidate having spent so much for so little would have been gone by now, as was seen in previous years with individuals running 'early state victory' campaigns.

Finally there is the Bain work to take over 3COM and give Huawei Technologies a minority holding. As Gov. Romney is sole *everything* to Bain and ultimate responsibility holder for that kit 'n caboodle, he does have some answers to give us on Bain looking to help along a Red Chinese company that has stolen US technology from Cisco, transferred technology to Saddam Hussein, and worked with the Taliban to try and buy them off so as to stop Gulbuddin Hekmatyar and others from inciting Islamic revolution in western China. Huawei has been notorious in multiple markets in their coercive deals, bribery and blackmail of individuals to get prime placement in telecom markets and drive out other competitors. Not just 'low price' but threats and business deals that stink, so as to coerce local purchasers from companies and Nations to give Red China a foothold in their technology and communication infrastructure. Does Bain really want to be a partner with such a company? They are going great guns on the global telecom market, but much of that is not through legitimate sales and they are working their people, quite literally, to death. As in: buried and in the grave death.

If this is the work of a *manager* he selected to work those funds, then *that* shows poor business and character sense in something that is of more than personal interest: Huawei's work has been cited as one that has endangered US soldiers in the battlefield.

I would like some answers on that... but doubt I will get them.

From this I will leave with two excerpts of somewhat pointed views on things:

Experience should teach us wisdom. Most of the difficulties our Government now encounters and most of the dangers which impend over our Union have sprung from an abandonment of the legitimate objects of Government by our national legislation, and the adoption of such principles as are embodied in this act. Many of our rich men have not been content with equal protection and equal benefits, but have besought us to make them richer by act of Congress. By attempting to gratify their desires we have in the results of our legislation arrayed section against section, interest against interest, and man against man, in a fearful commotion which threatens to shake the foundations of our Union. It is time to pause in our career to review our principles, and if possible revive that devoted patriotism and spirit of compromise which distinguished the sages of the Revolution and the fathers of our Union. If we can not at once, in justice to interests vested under improvident legislation, make our Government what it ought to be, we can at least take a stand against all new grants of monopolies and exclusive privileges, against any prostitution of our Government to the advancement of the few at the expense of the many, and in favor of compromise and gradual reform in our code of laws and system of political economy....

-President Andrew Jackson, part of the 10 JUL 1832 Bank Veto Message.

A democracy can be such in fact only if there is some rough approximation in similarity in stature among the men composing it. One of us can deal in our private lives with the grocer or the butcher or the carpenter or the chicken raiser, or if we are the grocer or carpenter or butcher or farmer, we can deal with our customers, because we are all of about the same size. Therefore a simple and poor society can exist as a democracy on a basis of sheer individualism. But a rich and complex industrial society cannot so exist; for some individuals, and especially those artificial individuals called corporations, become so very big that the ordinary individual is utterly dwarfed beside them, and cannot deal with them on terms of equality. It therefore becomes necessary for these ordinary individuals to combine in their turn, first in order to act in their collective capacity through that biggest of all combinations called the Government, and second, to act, also in their own self-defense, through private combinations, such as farmers' associations and trade unions.

[..]

Of course, in labor controversies it was not always possible to champion the cause of the workers, because in many cases strikes were called which were utterly unwarranted and were fought by methods which cannot be too harshly condemned. No straightforward man can believe, and no fearless man will assert, that a trade union is always right. That man is an unworthy public servant who by speech or silence, by direct statement or cowardly evasion, invariably throws the weight of his influence on the side of the trade union, whether it is right or wrong. It has occasionally been my duty to give utterance to the feelings of all right thinking men by expressing the most emphatic disapproval of unwise or even immoral notions by representatives of labor. The man is no true democrat, and if an American, is unworthy of the traditions of his country who, in problems calling for the exercise of a moral judgment, fails to take his stand on conduct and not on class. There are good and bad wage-workers just as there are good and bad employers, and good and bad men of small means and of large means alike.

But a willingness to do equal and exact justice to all citizens, irrespective of race, creed, section or economic interest and position, does not imply a failure to recognize the enormous economic, political and moral possibilities of the trade union. Just as democratic government cannot be condemned because of errors and even crimes committed by men democratically elected, so trade-unionism must not be condemned because of errors or crimes of occasional trade-union leaders. The problem lies deeper. While we must repress all illegalities and discourage all immoralities, whether of labor organizations or of corporations, we must recognize the fact that to-day the organization of labor into trade unions and federations is necessary, is beneficent, and is one of the greatest possible agencies in the attainment of a true industrial, as well as a true political, democracy in the United States.

This is a fact which many well-intentioned people even to-day do not understand. They do not understand that the labor problem is a human and a moral as well as an economic problem; that a fall in wages, an increase in hours, a deterioration of labor conditions mean wholesale moral as well as economic degeneration, and the needless sacrifice of human lives and human happiness, while a rise of wages, a lessening of hours, a bettering of conditions, mean an intellectual, moral and social uplift of millions of American men and women. There are employers to-day who, like the great coal operators, speak as though they were lords of these countless armies of Americans, who toil in factory, in shop, in mill and in the dark places under the earth. They fail to see that all these men have the right and the duty to combine to protect themselves and their families from want and degradation. They fail to see that the Nation and the Government, within the range of fair play and a just administration of the law, must inevitably sympathize with the men who have nothing but their wages, with the men who are struggling for a decent life, as opposed to men, however honorable, who are merely fighting for larger profits and an autocratic control of big business. Each man should have all he earns, whether by brain or body; and the director, the great industrial leader, is one of the greatest of earners, and should have a proportional reward; but no man should live on the earnings of another, and there should not be too gross inequality between service and reward.

- President Theodore Roosevelt, taken from Chapter XIII of his autobiography on Social and industrial justice.

The first a Democrat, the second a Republican and their message just the same: to let the common man decide and not have businessmen become aristocrats, because they can buy the time to 'make the sale'.

22 January 2008

Huawei Technologies and its role in terrorism

Of recent interest is Huawei Technologies and its long term work to supply China with high tech and to give aid to terrorist sponsoring regimes. The WSJ on 12 OCT 2007 had an article on the problems with Huwei Technologies and Bain Capital, the firm that Mitt Romney helped to run (Source: Globalsecurity's cache of DHS documents):

3Com says sensitive data won't flow to Huawei. 3Com Corp. tried to allay concerns over a proposed sale of the company to Bain Capital Partners LLC and Huawei Technologies Co., a telecommunications company with close ties to the Chinese government, saying the Chinese company won't have access to "sensitive" U.S. technology. 3Com, a Massachusetts networking-equipment and network-security-systems company, and private-equity firm Bain Capital said they notified the U.S. government that Huawei won't have any operational control and won't be able to make decisions for 3Com if the deal goes through. Bain, which agreed Sept. 28 to buy most of 3Com for $2.2 billion, or $5.30 a share, said last week that it would submit the proposed transaction to national-security review by the Committee on Foreign Investment in the U.S. Companies generally submit deals to government review as a defense measure. The government can unwind deals that weren't reviewed if it later determines the deal is a threat to national security. The proposed acquisition of 3Com, which counts the U.S. Defense Department among its customers, was expected to generate government scrutiny because of concerns over Huawei's government ties. Bain would retain a majority stake in 3Com, while Huawei would hold a minority stake, according to a filing with the U.S. Securities and Exchange Commission. Huawei, which is 3Com's largest customer, will appoint three of 11 board members if the acquisition goes through, according to the filing. 3Com said it relied solely on Bain Capital for information about arrangements with Huawei.

The fascinating thing about this is: how did Huawei get into a position to look at 3COM? That takes a bit of digging to find out in the telecom and networking market, but comes up with a surprising source: Cisco Systems.

Not directly, mind you, Huawei had copied technology from Cisco systems (hardware and software) that infringed upon patents as seen in a NYT story of 24 JAN 2003. Cisco was not pleased with that and brought a lawsuit against Huawei, naming Huawei, FutureWei and Huawei America Inc. as those that were part of the complaint. By 02 OCT 2003 (again at NYT) the suit would be suspended for 6 months if Huawei agreed to modify its equipment and the critical juncture comes with 3COM here:

Huawei's modifications will be reviewed by independent experts over that period. Both companies said they expected the agreement to lead to an end to the legal dispute.

The agreement could also significantly benefit 3Com, the Cisco competitor that entered into a joint venture with Huawei earlier this year. 3Com intervened in the lawsuit and has also agreed to the stay.

''As part of the agreement, Huawei has stopped selling the products at issue in Cisco's lawsuit and will only offer for sale new modified products on a worldwide basis,'' a Cisco spokeswoman, Penny Bruce, said.

[..]

3Com stands to gain at least as much as Cisco and Huawei from a legal settlement. In March, 3Com and Huawei formed a joint venture to develop and sell telecommunications products under the 3Com brand in all markets outside of Japan and China, while selling products in those two countries under the 3Com-Huawei brand. 3Com, which currently owns 49 percent of the venture, has contributed $160 million, in an effort to lower its costs and offer an expanded product line.

Removing the uncertainty created by the Cisco lawsuit could give 3Com a much needed lift. In its request to intervene in the Cisco suit, 3Com asked the court to clarify that any new products that 3Com will ship from its joint venture with Huawei would not be subject to Cisco's intellectual property claims. Shares of 3Com climbed 54 cents, or 9 percent Wednesday to $6.45. Cisco shares rose 61 cents, or 3 percent, to $20.20.

Bruce Claflin, chief executive of 3Com, said the companies were awaiting regulatory approval for the joint venture, which they expect to receive by the end of November. In the meantime, 3Com continues to sell Huawei products under the 3Com brand through an original equipment manufacturer arrangement.

Yes, somehow Huawei started to copy Cisco technology after getting into a venture with rival 3COM, and then expanding market share using that technology. That is how a company associated with the People's Liberation Army in China gets its hands on technology: by wooing business partners in the West where 'marketing' is all-important and actually keeping track of the technology and how it is manufactured becomes a secondary concern. Huawei has a list of companies in the West that it has been working with for years after the heady 1990's where so many inroads to the US market were made.

Thus, today, the deal where Huawei wants a 'minority interest' in 3COM and 3COM goes to Bain Capital to make sure the company will be held by US interests is raising red flags. This from an Earthweb article by Sean Michael Kerner on 03 JAN 2008 on the deal:

The issue of Chinese ownership could potentially hold up the $2.2 billion buyout of networking vendor 3Com.

3Com announced in September its bid to go private with Bain Capital taking a majority stake. As part of the deal, Chinese networking vendor Huawei Technology would be set to take a minority interest in 3Com.

The deal had been originally expected to close in the first quarter of 2008, pending shareholder and regulatory approvals.

One of those regulatory approvals would come by way of the Department of Treasury's Committee on Foreign Investment in the United States (CFIUS), which has been reviewing the deal. The committee determines whether there is a national security risk from a foreign investment in a U.S. company.

[..]

Yet the proposed buyout has drawn criticism from U.S. lawmakers as well as special interest groups such as the China e-Lobby. In late November, U.S. Rep. Ileana Ros-Lehtinen (R-Fl.), ranking Republican on the House Foreign Affairs Committee, called for a halt to the deal.

Ros-Lehtinen and Rep. Thad McCotter (R-Mich.), chairman of the Republican Policy Committee, both raised concerns about the transaction on charges that Huawei has links to the Chinese military.

"U.S. regulators ought to reject the proposed buyout of 3Com by one of the least transparent companies operating in China, a firm with shadowy ties to Chinese army and intelligence services," Ros-Lehtinen said in a statement.

Activists also blasted Huawei's role in the deal. In a letter to CFIUS, D.J. McGuire, co-founder and president of China e-Lobby, an advocacy group pushing for more aggressive U.S. policies against the country's government, similarly warned about the Huawei's connections.

"In 2001, Huawei was exposed as one of the Communist Chinese firms building an Iraqi fiber-optic network that would have enabled Saddam Hussein to integrate his air-defense system," McGuire wrote in his letter. "The firm was also involved in building a telephone network for the Taliban in Afghanistan, while the terrorist group was sheltering and aiding Osama bin Laden."

While regulators may have issue with the proposed new relationship between Huawei and 3Com, it won't mark the first time the two have cooperated. The companies in 2003 launched the H3C joint venture as an effort to undercut networking giant Cisco. In 2006, 3Com bought out Huawei's stake for $882 million.

In addition to concerns about national security risks, 3Com is facing heat over the proposed acquisition from other quarters.

"Several purported class-action lawsuits have been filed since Sept. 28, 2007 by 3Com shareholders against the Company, its current directors, a former director, Bain Capital Partners, and in some cases, Huawei Technologies," 3Com noted in its October SEC filing.

According to the filing, some shareholders seek class certification and injunctions to halt the transaction, claiming an "insufficient" sale price.

So, a deal to undercut Cisco using Cisco's own technologies now morphs into an attempt to gain interest in the original company, 3COM, by the company tied to the PLA that also supported Saddam Hussein and the Taliban. Bain Capital Partners, as cited, formerly *ran* 3COM via the directorship role, and the current CFO of 3COM, Jay Zager, made sure that the TippingPoint software (network intrusion detection software) was spun off (via Asia al-Reuters 15 OCT 2007). The question of just how much access Huawei has had to that technology prior to this is not answered and one hopes the answer is: none.

This sort of deal is not new, and testimony by Gary Milhollin, Director of the Wisconsin Project on Nuclear Arms Control before the Senate Subcommittee on International Security, Proliferation and Federal Services Committee on Government Affairs on 07 NOV 2001 highlights Huawei and its methods for working in the West:

There is little doubt that the present system allows American exports to endanger our security. A recent example is American transfers to Huawei Technologies, the Chinese company caught helping Iraq improve its air defenses by outfitting them with fibre optic equipment. The assistance to Iraq was not approved by the United Nations, and thus violated the international embargo.

The history of Huawei shows how American exports to China can wind up threatening our own armed forces. At about the time when this company’s help to Iraq was revealed earlier this year, Motorola had an export license application pending for permission to teach Huawei how to build high-speed switching and routing equipment – ideal for an air defense network. The equipment allows communications to be shuttled quickly across multiple transmission lines, increasing efficiency and reducing the risk from air attack.

Motorola is only the most recent example of American assistance. During the Clinton Administration, the Commerce Department allowed Huawei to buy high-performance computers worth $685,700 from Digital Equipment Corporation, worth $300,000 from IBM, worth $71,000 from Hewlett Packard and worth $38,200 from Sun Microsystems. In addition, Huawei got $500,000 worth of telecommunication equipment from Qualcomm.

Still other American firms have transferred technology to Huawei through joint operations. Last year, Lucent Technologies agreed to set up a new joint research laboratory with Huawei “as a window for technical exchange” in microelectronics. AT&T signed a series of contracts to “optimize” Huawei’s products so that, according to a Huawei vice president, Huawei can “become a serious global player.” And IBM agreed to sell Huawei switches, chips and processing technology. According to a Huawei spokesman, “collaborating with IBM will enable Huawei to...quickly deliver high-end telecommunications to our customers across the world.” Did IBM know that one of these customers might be Saddam Hussein?

As a result of deals like these, Huawei’s sales rocketed to $1.5 billion in 1999, to $2.65 billion in 2000, and are projected to reach $5 billion in 2001. These are extraordinary heights for a company that began in 1988 as a $1,000 start-up. Real growth did not begin until the mid-1990s, when American help started rolling in. Texas Instruments started its assistance in 1994, and by 1997 had set up laboratories to help Huawei train engineers and develop digital signal processing technologies. Also in 1997, Motorola and Huawei set up a joint laboratory to develop communication systems.

These exports no doubt make money for American companies, but they also threaten the lives of American pilots.

Huawei is not an isolated case. From 1989 to 1993, the U.S. Commerce Department approved six licenses for the export of equipment to China Precision Machinery Import-Export Corporation (CPMIEC). This company has supplied C-801 and C-802 anti-ship cruise missiles to Iran, and, according to United States intelligence, it shipped M-11 missiles to Pakistan in 1992. It was sanctioned by the United States in August 1993 for missile proliferation.

This is not just Huawei, although they do look to be a major player in the 'wheeler-dealer' concept in the West. He would also tell the House Armed Services Committee about this and about the laxity of proposed Bush Administration export control regulations on 19 SEP 2002. And prior to 9/11, in MAR 2001 at Foreign Policy In Focus an article by John Gersham looking at diplomatic problems in Taiwan would also examine this:

An Iraq Connection?
At a March 5 meeting with U.S. Ambassador Joseph Prueher, Chinese officials acknowledged that three Chinese telecommunications firms had violated UN sanctions against Iraq by selling and installing fiber-optic communication cables, but they rebuffed Pentagon allegations that the companies were upgrading Iraq’s air defense system. They said the three companies were doing civilian work, albeit without clearance from the United Nations. China has told the United States that it ordered the companies to follow UN sanctions and stop doing business in Iraq. At the center of this controversy is Huawei Technologies, China’s largest telecommunications equipment company.

Huawei, founded by a former officer of the People’s Liberation Army in 1988, is an emerging global powerhouse with powerful internal backers and strong global alliances. Huawei has targeted emerging markets where China has long-standing relationships and where competition from the dominant global players is more limited. Huawei is now competing with the likes of Cisco and Lucent, recently beating out both for a contract to supply equipment to Thailand’s second-largest Internet service provider.

[..]

The Huawei case reveals an ongoing tension and conflict both within the administration and among Republicans on the Hill. While some U.S. firms might be tempted to support sanctions against Huawei as a means of undercutting this emerging competitor, most recognize that the company offers access to China’s telecom and data communications market—the fastest growing communications market in the world outside the United States. Cooperating with Huawei can help foreign firms meet local requirements for manufacturing facilities. The list of American companies aggressively courting Huawei include 3Com, AT&T, Cisco, IBM, Intel, Lucent, and Motorola. These linkages between U.S. and Chinese firms increase the resistance in the U.S. to a hard-line China policy and stand in direct conflict with the “China threat” forces increasingly dominant in the Bush administration.

Yes, this theme of 'trade making people free' has, instead, ensured that a global powerhouse player in the telecom area can copy US technology and then turn around and compete with its previous 'partners' once it gets access to that technology. With that technology in hand it can then go to America's *enemies* and help make them more effective in countering the US. Do note that human rights have not increased in China over this period of time. In point of fact they are often just the opposite as seen by the CBC in an article by Trevor Metz from 05 NOV 2007 on the brain drain of China and working conditions there:

The problem of overwork was recently highlighted in an extreme case out of Guangdong Province in Southern China. A 25 year-old software engineer by the name of Hu Xinyu with Huawei Technologies, a major telecom company, died in May of 2006 of what's been discovered as extreme fatigue caused by overwork. However, the cause of death listed by the hospital was bacterial encephalitis. The engineer's tragic death created a media stir in China. Before joining Huawei, Hu was described as an athlete and sports enthusiast. The incident triggered a public outcry - not because it was an exceptional situation among white collar workers - but precisely because it was so common. In his death, Xinyu has become a symbol for thousands of Chinese workers forced into this culture of overwork.

China's inefficient business and government models have created a system dependent on personal relationships known as "guanxi". The old saying "it's not what you know, but who you know," seems to be nowhere more true than in China. Angie Yang says it alone keeps her from returning to the Chinese workforce. "I felt that the most difficult aspect when working for Chinese company is the relationship called guanxi. For instance, if there are 10 employees in one company, eight out of 10 will have a certain relationship (such as being a cousin) with the owner. How can you work efficiently in this situation? They don't take any responsibility anyway. Obviously, this is not right place for me and too complicated as well."

Remember, all of those folks wanting a 'better life' via trade are making such things as this possible. This doesn't appear to be much in the way of 'increase in liberty' or 'freedom' and more in the line with 'do as you are told until you die doing it' sort of concept.

Yet the main problem, beyond how Chinese companies treat their own workers or their lack of efficiency is that of helping the Chinese regime further its aims. Thus the export control problems are a start, but, as Mr. Milhollan points out, the problem with the various infractions on trade export controls and such is not just the single nature of the items going out. The infamous 'aluminum tubes' for Iraq suspected of their nuclear program turned out to be for their long range missile program, but the tubes, themselves, allowed the construction of other devices due to their very nature. That is why export control enforcement is so essential: some equipment is not *just* dual use, but can serve in a large number of programs far away from any written, purchase use.

The links between Huawei and the Taliban goes beyond just US worries, as this BBC article of 10 DEC 2001 looks at:

A leading Chinese software company based in India has angrily denied allegations that it supplied telecommunications and surveillance equipment to the Taleban regime in Afghanistan.

Reports from the southern Indian city of Bangalore - where the firm is based - say the state government has summoned company officials to clarify the situation.

Officials from Huawei Technologies have said they will complain to the Indian Ministry of External Affairs about allegations published in the press.

[..]

The newspaper says defence officials are concerned that its headquarters are near key defence installations in Bangalore.

Officials in the city have meanwhile confirmed that they have collected passport details of all the Chinese staff who work for the company and have passed them on to the home ministry in Delhi.

It is a bit worrying that a Chinese telecom giant that has supported dictators and tyrants decide to place their Indian HQ close to defense installations. Anyone growing up during the Cold War would know *that* is not a wise thing to have happen to you. From the Indian Express, this article of 11 DEC 2001 helps to scope out some of the work done by Huawei:

In an unexpected fallout of the US action in Afghanistan, the Government has decided to take action against two Chinese firms doing business in India — one a telecom firm, Huawei, alleged to be helping the Taliban militia to develop a telephone system for 130,000 users in Kabul, the other a firm setting up a 16-MW hydro-power project in Patikari, Himachal Pradesh. Both decisions were taken by the Cabinet Committee on Security (CCS) following IB and RAW reports.

[..]

A privately-held company founded in 1988 by former People’s Liberation Army officer Ren Zhengfei, Huawei Technologies is the world’s seventh-largest telecom firm, operating in 40 countries with sales of $2.66 billion last year. Huawei made a quiet entry into the Indian market in 1999 and has already invested around $10 million in its two software development centres in Bangalore; it currently employs 513 staffers, of whom 178 are Chinese software professionals.

Earlier this year, the Taliban media reported it had signed a deal with it to set up 12,000 digital telephone lines in Kabul.

Not *just* telecom but a major hydroelectric dam project by another company, which is really something that one would want to ensure was highly secure due to the problems of water containment and such. This is what happens when you give little scrutiny to a Nation willing to utilize any of its companies for National means, such as espionage, and even goes so far as to set up companies with that as a purpose in mind. This would not be the only time that Huawei Technologies was worried about in India, as reported by the Asia Times Online on 16 NOV 2005:

Paranoia about Chinese telecom companies investing in India has dealt a blow to the expansion plans of two Chinese telecom equipment makers.

And with these developments, India has accommodated US intelligence suspicions that some of the Chinese companies are indulging in espionage activities globally.

India has always been wary of the "invasion" of Chinese telecom companies, but the country's concerns went into overdrive recently when, at the behest of the security agencies, India's Foreign Investment Promotion Board (FIPB) and the Department of Telecom stalled on granting permission to Huawei Technologies of China to set up a $60 million telecom equipment-manufacturing unit. Its application has been pending since March.

This was the second time in four years that Indian security agencies had moved to stymie Huawei's plan, which was first mooted in 2001. Earlier, the FIPB shot down Huawei's intention of setting up a $40 million research and development center next to the proposed manufacturing unit.

[..]

And last week, the state-owned Bharat Sanchar Nigam Ltd (BSNL), which is the country's largest telecom company, canceled a $31.16 million contract involving Huawei.

Huawei and its two Indian partners, Himachal Futuristic Communications Ltd and state-owned Semiconductor Complex Ltd, failed, according to BSNL, to supply equipment for more than 105,000 code division multiple access (CDMA) lines. This is after the Chinese firm won a bid last year for supplying equipment.

BSNL also hinted that it was considering banning Huawei from participating in any tender it issues this year, and may even permanently ban Huawei from bidding in all its future projects.

[..]

Huawei and ZTE are two glaring instances of the severe doubts India has about allowing the entry of Chinese telecom companies into the country. But, according to the Ministry of External Affairs (MEA), the objection regarding Huawei has reached serious proportions "since its operations in India have come to the adverse notice of India's security agencies, which have expressed reservations regarding the company's links with the Chinese intelligence and military establishments", according to an official of the ministry.

The MEA also says that Huawei has misused the country's visa regulations, and suspects that it has indulged in intelligence-gathering activities for China. India's leading intelligence agencies, the Research and Analysis Wing (RAW) and the Intelligence Bureau, have been blunt. According to them, "Huawei has been responsible for sweeping and debugging operations in the Chinese Embassy," and as a result allowing a Chinese telecom company to participate in Indian telecom projects stands the risk of "exposing strategic telecom networks to the Chinese".

These agencies have also expressed their "reservations regarding the company's links with the Chinese military and intelligence establishment, their clandestine operations in Iraq and Taliban-ruled Afghanistan, and their close ties with the Pakistan Army".

And given some of the problems seen in Pakistan, there may be some right to be worried about such things.

One of the reasons to worry is the predatory practices of Huawei and other PRC companies that seek to enter capitalist markets. In examining how Argentina's cellular phone system has been taken over, almost completely, by Huawei and another company from China, ZTE, Jamie Hulse published a paper from the US Army Strategic Studies Institute in SEP 2007 on the topic and the wider view of Huawei not only in Latin America, but, with other PRC companies, globally. In one particularly interesting section he examines exactly *how* these companies were able to muscle into markets in Argentina:

Part of Huawei and ZTE’s successful international expansion is owed to their aggressive approach to business. In Argentina, their style has been described as ruthless. They are known to bribe and “trap” clients. They frequently offer Argentine clients and prospective clients full-paid trips to China. Upon arrival, it is alleged that they are presented with an envelope containing a significant amount of cash. Industry analyst Carlos Blanco disclosed one known case where, after a day of sightseeing, the Chinese left photos of their guests taken while touring in their hotel rooms. According to Blanco, such behavior is frowned upon by Argentine businessmen and is seen as a form of extortion.37 Blanco views Huawei as the more ruthless of the two companies. He explains that Huawei is known for its cunning tactics of roping in clients. It often lends its equipment for trial periods, but if the prospective client does not wish to make a purchase after the trial, the Chinese company backtracks, claiming that it must charge for the use of the equipment. Uruguay’s state telephone operator ANTEL purportedly fell into this trap. Huawei had offered ANTEL a 1-year trial of third generation telephone radios. After the trial period, ANTEL dragged its feet about purchasing the expensive, high-tech equipment, but Huawei insisted. ANTEL bought the equipment even though the marketplace did not warrant it.38

Thank you to all of those opening up trade with China! Who would have thought they would be more unscrupulous and more adaptable than Western companies at bribery and extortion? And speaking of bribery and extortion, that fits right in with Saddam Hussein and the entire Oil For Food business dealings. From Newsmax a 10 OCT 2007 report by Charles R. Smith gives the quick overview with that:

Yet, there is more to Huawei than mere “deep ties” to the Chinese military. According to a May 2004 U.S. Defense Department report to the inspector general, obtained under the Freedom of Information Act, Huawei is “a Chinese company that operated in Iraq under Saddam Hussein.”

Huawei’s operations inside Saddam’s Iraq included smuggling in communications gear forbidden by the U.N. and taking payments in the form of cash from the Iraqi oil-for-food program. In fact, Huawei’s antics inside Iraq were detailed by the CIA in its Iraq Survey Group final report.

“One Chinese company, illicitly provided transmission equipment and switches to Iraq from 1999 to 2002 for projects that were not approved under the UN OFF Program. Reporting indicates that throughout 2000, Huawei, along with two other Chinese companies, participated in extensive work in and around Baghdad that included the provision and installation of telecommunication switches, more than 100,000 lines, and the installation of fiber-optic cable,” noted the CIA report.

[..]

Ironically, much of the Iraqi air defense network installed by Huawei was made of equipment exported to China by U.S. manufacturers. Huawei’s air defense network even acquired the NATO code-name “Tiger Song” because allied aircraft had to dodge missiles and bomb the system on a regular basis.

[..]

However, America is not the only nation to get a clear picture of Huawei. The Times of India reported in 2005 that several Indian government agencies, including the RAW — the Research and Analysis Wing (India’s CIA) — concluded that Huawei “poses a specific threat.”

The Indian intelligence agency stated that Huawei “has been responsible for sweeping and debugging operations in the Chinese embassy. In view of China’s focus on cyber warfare, there is a risk of exposing our strategic telecom network to the Chinese.”

[..]

In September 2000, according to the official Kabul Radio Voice of Shari’ah in Dari/Pashto, the Tablian met with representatives of China’s export trade and electronics industry and a number of Chinese engineers.

The Chinese “briefed the minister of communications, Mowlawi Yar Mohammad Rahimi” and “promised that during their stay they would implement practical measures to lay the fiber-optic cable and prepare sites for the installation of newly-purchased units. The Chinese delegation came to Kabul recently to carry out the preparatory work for installing the 12,000-line telephone exchange.”

The history of Huawei is very clear, documented by Saddam Hussein and the Taliban, two customers who kept their receipts. Huawei violated a U.N. ban on Iraq and took money destine to feed starving Iraqi children to put an air defense network in the desert. They sold a similar network to the Taliban, aimed again at U.S. soldiers. Huawei worked to kill Americans.

Truly this is not a company that is looking out for the health and well-being of the US, and looks more than willing to work with just about anyone, so long as it helps China. One of the interesting parts in this is that China went to the Taliban, which does not seem like a natural mix of things as the radicals in the Taliban, and al Qaeda, don't view China as much of a 'friend'. The answer to that comes in one of my earlier articles on Pakistan, looking at Gulbuddin Hekmatyar and this from a 13 MAR 1994 NYT article:

To the east, hundreds of Afghans allied with Hekmatyar have fought in the embattled state of Jammu and Kashmir, a territory disputed since the 1947 partition of India and Pakistan. Thousands have died in the struggle. In China, where Islam has been periodically suppressed, Afghan veterans have fought in two western provinces, Uighur and Xinjiang, where they have armed and trained Chinese Muslim rebels.

To the west, Hekmatyar has sent 500 mujahedeen to fight in Azerbaijan with Iranian forces, according to Haji Abdul Qadr, the Governor of Afghanistan's Nangahar Province. Hundreds of Afghans have fought against Serbs and Croats in Bosnia.

Yes, a bit of terrorism showing up in China during the 1990's which must have been none-too-pleasing to the regime. And when the Talibe came to power the idea of having a regime in Afghanistan that had supported sending fighters to China must have crossed the minds of more than a few folks in Beijing. And Hekmatyar would even try to make up with China after the defeat of the Taliban, as seen in a 07 SEP 2002 Asia Times article:

Sources within the HIA say that the organization has recently reestablished contact with the Chinese government. In the past, Beijing has blamed the HIA for stirring a religious uprising in in the northwestern Muslim region of Xinjiang, but Hekmatyar made concerted efforts to placate China, as well as to urge the Muslim leaders in Xinjiang to stop their separatist agitation. Beijing was said to be appreciative of these efforts, but it is yet to be seen how far China will go in supporting the new Afghan freedom struggle against foreign troops, if at all.

That is Hizb-i-Islami Afghanistan, Hekmatyar's main associated group in Pakistan to help put a front on his activities. For those of you who have a feeling that you may have heard about Mr. Hekmatyar from someone else recently, it is because you most likely did. The case of Rep. Mark Deli Siljander, as seen with this AP report in the Chinapost of 18 JAN 2008, gives a bit of that indictment:

The charges are part of a long-running case against the charity, which was designated by the Treasury Department in 2004 as a suspected fundraiser for terrorists.

In the indictment, the government alleges that the charity employed a man who had served as a fundraising aide to Osama bin Laden, the al-Qaida leader and mastermind of the Sept. 11, 2001 attacks against the United States.

The indictment charges the charity with sending approximately US$130,000 (euro88,000) to help Gulbuddin Hekmatyar, whom the United States has designated as a global terrorist. The money, sent to bank accounts in Peshawar, Pakistan, in 2003 and 2004, was masked as donations to an orphanage located in buildings that Hekmatyar owned.

Authorities described Hekmatyar as an Afghan mujahedeen leader who has participated in and supported terrorist acts by al-Qaida and the Taliban. The Justice Department said Hekmatyar "has vowed to engage in a holy war against the United States and international troops in Afghanistan."

Things are becoming a bit clearer with how Hekmatyar was able to continue on with fighting and then return, in force, after his stay in Iran. I always thought that arming the enemies of the US would make a good case for treason... well, I am sure the DoJ can get to the bottom of that.

In any event, getting pressure from Hekmatyar and not much respect from the Taliban was leading to killings and unrest in Western China. This led to China trying to get some form of insurance with the Taliban as seen in an article by Ahmed Rashid of 19 JUL 2000 reprinted at Institute for Afghan Studies (and a large h/t to Stratmag on this):

IMPLICATIONS: China with its long-standing communist policies towards ethnic minorities and religion, is primarily concerned with Uyghur Islamism and separatism, but wants to avoid a confrontation with the wider Muslim world. Significantly Jiang Zemin warned that the use of military force in Afghanistan ''is not a solution'', thereby rebutting Russia's June threat to bomb Taliban camps northern Afghanistan. Jiang Zemin stressed that the United Nations must be given full support to persuade the Afghan factions to form a coalition government. Unlike Russia and the Central Asian leaders, China sees the Taliban as a reality that has to be moderated and contained.

China's apprehensions of the Taliban and their role in supporting Islamic militancy in Central Asia and Xinjiang, has led to problems with Pakistan, its long standing ally in the region which supports the Taliban. For China the moderate government in Tehran is a much more acceptable ally. Although Shia Iran supports the anti-Taliban Northern Alliance with military aid, it has developed diplomatic and trade links with the Taliban. It also has a limited defensive strategy in Afghanistan, does not support Sunni militancy in Central Asia or Xinjiang, and helped mediate an end to the civil war in Tajikistan in 1997 that earned Chinese praise.

A Chinese-Iran partnership is already developing to build strategic oil and gas pipelines in Central Asia, which would both counter United States and Russian pipelines and give the Central Asian states alternative routes to export their energy. Chinese companies are helping build the Neka-Tehran oil pipeline in Iran that will allow Iran to swap oil with Central Asia, while China is interested in helping build a Kazakhstan-Turkmenistan-Iran pipeline to Bandar Abbas on the Gulf as well as a pipeline from Central Asia to China. A new China-Iran axis in Central Asia will add a new twist to the Great Game.

CONCLUSION: President Jiang Zemin met with Russian President Vladamir Putin for the first time in Dushanbe and Putin pledged a strategic partnership with China. Although Russia, China and the United States share a common concern for stability in the region, China's strategy in Central Asia is generally at odds with both Russia and the United States. Russia is committed to an unabashed anti-Islamic crusade in the Caucasus and Central Asia that is rapidly turning both racist and chauvinistic whereas the United States continues to be obsessed with 'Islamic' terrorism and Osama Bin Laden rather than wider strategic objectives.

China is concerned about a repeat invasion this year by Namangani's forces in both Kyrgyzstan and Uzbekistan and has vociferously condemned the support that Namangani's forces have received from Afghanistan. Last year, Namangani's forces threatened to invade Uzbekistan, but got only as far as Kyrgyzstan. China is worried that an invasion by Namangani could trigger further Uyghur unrest in Xinjiang and lead to a stepped up Russian presence thus increasing United States-NATO activity in the region. In response, the Taliban authorities in an unprecedented statement on July 6, rebuffed China's attitude at the Dushanbe summit.

China was looking to find some way to stem the tide of Islamic radicalism and Uighar separatism, and trying to bribe the Taliban into *not* supporting them must have seemed like a good way to go. At Stratmag the timeline is laid out for China, starting in 1979-80, and funneling arms to the mujahideen, then helping to train them with the PLA. That training in arms, weapons and explosives would lead to insurgents slowly heading into China. In an excerpt from The China-Taliban Equation by Surya Ganadharan, we see the role of Pakistan in this, along with the Taliban:

Ahmed Rashid writes that "huge quantities of consumer goods, foodstuffs and heroin are smuggled across the border between Afghanistan and China. Almost all the arms and explosives used by Uighurs in attacks on Chinese security forces in recent months have come from Afghanistan." In many cases, they also happen to be of Chinese origin and were supplied by China to the Afghan mujahideen fighting the Soviet occupation.

Prof Giri Deshingkar says Peshawar is the main point from where drugs, weapons and copies of the Koran enter Xinjiang. In comparison, he says the route through the Wakhan Corridor in north-east Afghanistan into Xinjiang is mountainous and difficult. The Chinese realised this during the Afghan civil war when they found it easier to route arms supplies to the Mujahideen through Peshawar and the Karakorum highway. But reports now suggest that Beijing sees the highway in a different light because it seems to have intensified contacts between Uighur separatists in Xinjiang with extremist Islamic groups and drug barons in Pakistan.

China has blamed the Lahore based Tabligh-e-Jamaat, headed by Pakistan's former ISI chief, for fomenting unrest in Xinjiang. Pakistan's Jamaat-e-Islami has become one of the several fundamentalist groups that has been giving regular arms training to militants from Xinjiang, creating strong embarrassment for Islamabad. Since 1992, China has been asking Pakistani authorities to prevent such activities. For this reason, Beijing has been going slow on upgrading the Karakorum highway even though an agreement for upgrading it has existed since March 1995. The upgraded highway would have boosted transit trade from Pakistan to Kazakhstan and Kyrghystan. This was confirmed by Ahmed Rashid in an article in the Pakistani Herald magazine in December 1995: "Beijing's reluctance stems from the fact that the proposed road would run across Xinjiang and the Chinese fear that the route would increase the traffic in fundamentalism. After an abortive Islamist uprising in the town of Baren in 1992 in which 22 people were killed, China closed its road links with Pakistan for many months."

The Pakistani government was concerned enough about preserving good relations with its strategic ally, and on May 5, 1997 handed over 12 Uighurs to China. They were all wanted for bomb attacks in Xinjiang. It's not clear what happened to them. Three months later, China announced plans to lay a security fence along the border with Pakistan to check infiltration by Islamic extremists and drug runners. In February 1998, former Pakistani Prime Minister Nawaz Sharif visited China and apparently gave a firm assurances that he would take measures to stop fundamentalists infiltrating into China. This seems to have been followed up in October 1998, when a Chinese delegation led by a senior official from the Xinjiang provincial government, arrived in Gilgit, in Pakistan Occupied Kashmir, for talks on steps to check trans-border smuggling, infiltration and other activities.

The role of Huawei, then, is one to help deflect radical Islam away from directly threatening China and trying to mollify Pakistan at the same time. China would agree to aid, support and train the Taliban fighters, put a presence into the region to support the ties between Afghanistan and Pakistan. That would worry India because of the next-door neighborhood all of that is taking place in: Kashmir. Already facing up to radical Islamic groups being aided and abetted by both Pakistan and Afghanistan, Chinese help would further increase those links, supply more forces and be a long-term threat to the stability of India in that region.

At this point I will be posting this 'as-is' [I have done a bit of early morning clean-up and am still trying to make sense of this]... and wonder just how much Mitt Romney knew that his Bain Capital firm was involved with Huawei, what he did once he knew, and if he received any material compensation from Bain while it was dealing with Huawei. As he did start Bain, one would think he would be a bit concerned about it after he left it as an active manager.

21 January 2008

Left in the desert of his own creation

As so many like to point to Sen. John McCain's American Conservative Union ratings, I decided to take a look at them!  It gives a good idea of what they see as important and how members of Congress voted on those items.

Thus starting in Mr. McCain's House time, and votes contrary to what the ACU supported are listed (Year - ACU percent - comments), all ratings from the ACU Ratings site and I am doing my best to de-conflict the votes for on a proposal against and such [note that non-votes are on ACU cited votes, not of all votes taken].  This list is representative of their views which are biased and I do disagree with a number of their takes and backing, but it is a fair view from a given biased perspective of how to grade Congresscritters:

1983 -  96 - Voted for a pork barrel spending bill that the ACU opposed.

1984 -  86 - Voted for a Public Health bill that the ACU describes as 'budget busting' and for the Civil Rights Act of 1984 which the ACU characterizes as 'absurdly expanding federal power'.

1985 - 81 -  Voted for a Clean Water Bill, for sanctions against South Africa, for textile import quotas, and for expanding the Superfund program.

1986 - 73 -  Voted against an amendment to freeze the Community Services Block Grant Program, against an amendment to delete funds from the Legal Services Corp., for minority set-asides in DoD contracting, voted to over-ride President Reagan's veto of the South African Sanctions bill, and voted to adopt more money for the Superfund program.

Now on to his time in the Senate:

1987 - 91 -  Voted to over-ride President Reagan's veto of the Clean Water Act re-authorization which the ACU describes as 'budget busting' and voted to continue the support of the Legal Services Corp. which was 'controversial' in its outlook and services.  Did not vote on: a $1.06 billion bill that federalizes 'the homeless' by creating new government bureaucracy, the Line-Item Veto, and Congressional salary increases.

1988 - 80 -  Voted to over-ride President Reagan's veto of a bill to extend coverage of civil rights laws (Grove City) so that if one part of an institution receives federal funds all parts are subject to those controls, voted to ratify the Intermediate-range Nuclear Forces Treaty (which the ACU opposed), voted for a 60-day plant closing bill to warn workers if their plant is closing no matter what the circumstances are, voted to reject the amendment to decrease funding to the LSC.

1989 - 91 - Voted for the Americans with Disabilities act (which ACU opposed), voted for a motion to table an amendment calling for the ouster of Manuel Noriega.

1990 - 87 - Voted for a bill to overhaul the Hatch Act to bar federal employees from engaging in political activities (ACU opposed the bill), voted for an HHS bill $11.5 billion larger than the President requested, voted for the Clean Air Act which increased federal regulation capability on manufacturing, energy, and increased the cost of those things to consumers.

1991 - 86 - Voted against aid to help promote free market policies in Latin American countries, voted to continue funding of LSC that helps fund 'special interest litigation', voted for a Quota Bill to reverse a SCOTUS decision and put the burden of proof on businesses to demonstrate that they had met quotas for hiring.

1992 - 85 - Voted for a report supporting public money for campaigns, voted to support bilingual balloting for certain language minority populations, voted to over-ride President Bush's veto of the Parental Leave bill and a second bill to re-regulate the cable business which President Bush had vetoed.

1993 - 83 - Voted for the Family and Medical Leave Act, voted for the Campaign Finance bill to provide for public financing of congressional campaigns and put spending limits on races, voted against an amendment that would prohibit support of US troops put under UN command, voted for the Brady Bill.  Failed to vote in the confirmation of lesbian activist Roberta Achtenberg to Assistant Secretary of HUD.

1994 - 96 -  Voted to invoke cloture on a campaign finance bill to provide public funding for congressional campaigns and finance limits.  Did not vote on a bill to kill an amendment to mandate that US loans to the former USSR require collateral and the Goals 2000 education 'voluntary'  standards providing 'opportunity to learn' norms to be established by federal boards.

1995 - 91 - Voted for the Ryan White Reauthorization with Kassebaum amendment that stripped out the Helms language preventing funds to be used in promotion of homosexuality or IV drug use, voted to stop a bill prohibiting open-ended support in Bosnia without Congressional authorization of the mission.

1996 - 95 -  Voted to invoke cloture on the Welfare for Politicians S 1219 Campaign Finance Reform which would set voluntary spending limits and provide taxpayer subsidies for postage and discounted rates for broadcast time.

1997 - 80 -  Voted for the Chemical Weapons Treaty even though it mandated unconstitutional search and seizures and ceded national sovereignty to international agencies, voted for the establishment of National Assessment Governing Board with exclusive authority over voluntary testing in national tests in 4th grade for English and 8th grade for math, voted against a requirement that the American Heritage Rivers Initiative be approved by Congress and end the encroachment of property rights by environmentalists, voted to approve Free Speech Limits in campaigns and change SCOTUS meaning to restrict first amendment rights of issue advocacy groups.

1998 - 68 -  Voted to invoke cloture on the Satcher nomination to be US Surgeon General *and* Assistant Secretary for Health in HHS, voted to revise financing for federal campaigns (McCain Amendment) banning soft money, limit candidate self-financing and put restrictions on issue advertising,  then voted to ensure the amendment was not tabled, then voted to table an amendment by Olympia Snowe that would replace language defining 'express advocacy' (as seen in the SCOTUS ruling), increase disclosure requirements, and prohibit use of labor or corporate money to broadcast campaign ads shortly before an election.  Voted to increase tobacco taxes, then voted for cloture on a bill that would allow the FDA to regulate nicotine and force the industry to pay for anti-smoking advertising.  Voted on the McCain amendment to allow US troops to remain in Bosnia without express approval of both Houses of Congress.

1999 - 77 -  Voted against an amendment to prohibit courts from issuing orders on civil cases regarding prison condition and that such orders would require prisoners to be released from prison or not admitted to prison if incarcerated for a felony or violating parole, voted against the Tax Cut Package, voted against an amendment ending federal campaign contribution limits, ending public financing and requiring national parties to record amounts sent to candidate and disclose that, voted to continue Overseas Private Investment Corporation that supports loan guarantees overseas.  I take an 'A' in the column for votes to be other than positive or negative to the ACU and thus not voting, in which there are 8 instances of this: Local Government Census Review allowing local governments to review census data before it is finalized for housing units and vacancies (this is a Federal not State or Local power), a Tax Limitation Amendment requiring 2/3 majority in House and Senate for a Constitutional Amendment to require a 2/3 majority for any but trivial tax increases (the Amendment failed by 57 votes total, House and Senate), Ground Troops in Bosnia bill requiring that no more funds be authorized unless war is declared, Y2K liability limitations,  payment increase to the UN, UN World Heritage Series endangered monuments bill, Physician-Assisted Suicide.

2000 - 81 -  Voted for an amendment to delete all tax cuts in the Congressional Budget, voted against limiting troop deployment in Kosovo, voted against Bradley Smith to the FEC (Smith is opposed to federal control of politics), voted to continue IRS requirements to disclose membership in political and policy organizations.  Did not vote in 3 matters: Property Rights, S. 625 (killing an amendment allowing federal over-ride of local owner-tenant laws), Educational Savings Accounts, and 2001 Budget Resolution including tax cuts.

2001 - 68 -  Voted on his amendment to end the requirement that unions and corporations obtain permission from dues paying members or shareholders before spending money on political activities, also against an amendment requiring a detailed listing by unions and corporations of their political expenditures,  and another amendment to lift the ban on soft money and disclosure requirements for issue-based advertising (found unconstitutional).  Voted against accelerated removal of the 'marriage penalty' tax, against a temporary reduction in the capital gains tax,  and against the Tax Cut bill containing the previous two items plus a phase-out of the federal estate tax.  Voted against a Sense of the Senate motion on wishing to remove restrictions on the Medical Savings Account demonstration program. Voted against an amendment that would allow lower health care costs by allowing providers to have participants sign a waiver agreeing not to sue.

2002 - 78 -  Voted against a bill to allow States to clear their voter lists every four years so as to remove voters who have not voted in two or more consecutive federal elections, voted against an amendment that would forbid the national government from setting fuel efficiency standards for SUVs and light trucks, voted to pass a bill limiting contributions to national political parties to $2,000 and limit rights of groups and individuals to participate, voted against making the repeal of the Death Tax permanent.  Did not vote on 2 items: Democratic Stimulus and Spending Bill and Government Discrimination in Farm Regulations amendment.

2003 - 80 -  Voted against the Senate final spending and revenue targets for 2004, voted against phasing out taxes on investments and dividend income, voted against an 11 year tax cut reduction package, voted to enforce US compliance with the Kyoto global warming treaty.

2004 - 72 -  Voted against an omnibus spending bill that contained a provision for vouchers to cover tuition at private schools in DC, voted for an amendment to require the States to demonstrate 90% seat buckle use, voted for an amendment prohibiting the sale of handguns without a secure gun storage or safety device, voted for an additional 13 weeks of unemployment benefits, voted for an amendment to make it more difficult to cut taxes, voted for an increase and an attempt to make mandatory federal funding for programs educating the disabled, voted against legislation moving class action lawsuits of >100 people or $5 million into the federal court system.

2005 - 80 -  Voted against an amendment protecting tax cuts, voted for requiring businesses to meet year 2000 'greenhouse gas' emission levels, voted for a joint resolution applying emission standards to existing electrical generation facilities, voted to retain restraints on oil and gas leasing in ANWR, voted for an amendment to raise taxes oil and gas development.

2006 - 65 - Voted for an amendment that would require a 60-vote majority in the Senate to cut taxes, voted against an amendment that would bar illegal immigrants from claiming Social Security credits for work done in years before they had a valid SSN, voted for a bill giving a 'path to citizenship' for illegal aliens, voted against a constitutional ban on same-sex marriage, voted for a bill to allow native Hawaiians to set-up 'self-determination' and government to have government-to-government relationships with the US, voted against sanctions on Iran, voted against border fencing, voted for embryonic stem cell research.  Did not vote in two instances: Asbestos Trust fund, and the Medical Malpractice motion limiting liability in malpractice cases.

 

So, over the years John McCain has voted consistently against tax cuts and for making them harder, for unlimited 'peace keeping' operations without Congressional oversight, increasing the size and scope of government in multiple areas (education, air quality emissions, greenhouse gases, quota systems, and regulation of all federal election spending), ignored Constitutional provisions for free speech in campaigns, expanding money to questionable legal services organizations backing advocacy litigation, and would vote even against President Reagan's vetoes... that latter making him that venerable 'maverick' one assumes.

He has voted on many good things, but the instances where he votes to limit the rights of individuals in the areas of basic freedoms (first and second amendments), marginalize State's rights to autonomy within the Union and even vote to factionalize one State government (Hawaii) points to a form of Identity Politics at work... and Nannystate, come to that.

While John McCain has an ACU lifetime of 82.3 (average)...well, I come up with a bit different at 82.1 for the mean, 81 for the median (or center number of the range) with a range of 65 to 96.  Graphically it looks something like this:

McCain ACU ratings

This is, perhaps, not the graph of a reliable conservative, but an individual who has some conservative values and some others that are not in tune with conservatives at large.

I have, however, enough views outside the 'conservative' realm that are at variance with the general 'conservative' concept in at least two of the three brands (social and fiscal) and only moderate agreement with the third (security) that I am more than likely to have problems with *any* conservative running for High Office.  For Sen. McCain, however, I do have other problems with him beyond that of the ACU or the other conservative folks, by and large, and have clearly stated so multiple times.

One of the first was in this piece where, for me, John McCain had hit bottom and was continuing to dig hard and furiously downwards.  Some of my concerns are reflected in the ACU view and others are not.  For me Sen. McCain's political life is something that bears examination, even while giving him high regard for his time in the armed forces and as POW, that does not gain a Teflon coating and to my view he has never, ever properly explained himself in many areas going all the way back to the Keating Five scandal.  In trying to make up for that scandal by 'campaign finance reform', Sen. McCain has lost sight of what it was that needed to be addressed: campaign money influencing actual votes in High Office.  The extremely simple route of disclosing all corporate and private source political donors and then not allowing them to author or vote on issues that are of concern to their industries has, somehow, never graced the brow of any of the high-minded 'reformers'.  If you accept money from, say, a corporate or union group, then you should be barred from authoring or voting on legislation regarding those groups.  That does not take a federal mandate or law and could be set up as a set of rules in the House and Senate Chambers done by the members themselves as they are ALLOWED TO DO.  Any union or industry or political lobbyist group or activist organization would be donating so as to get good politicians into office.  And campaigns could *refuse* funds from same JUST LIKE THEY CAN DO TODAY.

For all the worries about 'corrupting influence of funding in politics' this extremely simple answer has, somehow, never been put forward by the 'maverick' or any other of the Congresscritters bleating upon the Hill.

Then there is the atrocious ideas that came forward to *try* and regulate free speech on the campaign trail.

 

Yes the 'I'm the Budweiser Donkey and I approved this message' bit!  Gotta love that, no?  With 'issue ads' suddenly appearing all over the place because, in the attempt to *restrict money* so that it would not *buy votes* it gave us semi-anonymous groups we would never hear from that served as front organizations to get a message out that, in theory, was 'informative' while, in fact, it was just another form of candidacy advertising done by rich individuals, corporations, and groups.  That tag line of being this or that individual/group/corporation and approving the message is all fine and dandy... and hadn't seen the light of day until the idea of 'restricting' donations popped into place.  The question of the utility of such thinly disguised 'issue ads' is one that can be considered by the public at large, and that route may have opened in any event, with the modern mass media proving such a heavy sway in politics. 

Instead of getting forthright organizations that proudly put forward their donor lists to demonstrate that they really, and for true, stand behind their message, we get, instead, organizations funded by front groups for billionaires, overseas interests and second or third level intermediaries between corporations and unions to politics.  That does sound like one other organization that has done this to a fare-thee-well in another realm:  the mafia.

Perhaps limiting downstream funding and demonstrating that only a first level organization directly and openly tied to those pushing a message should be allowed?  And if those involved want to fund a different message group they can do so *directly* and not through an intermediary.  I am, actually, perfectly fine with such advertising and marketing when it is straightforward, above-board and makes no attempt to hide who is actually funding the damned stuff.  Make that a felony where a company gets discorporated (yes un-incorporated but the finality sounds better) and that should remove *that* from the lovely idea of political obfuscation: one strike and you are *out*.  And some hefty prison terms for those that authorized such things, to boot.

Don't worry, you won't get that from Congress, either.  Way, way too simple when you can, instead, infringe upon the average individual's first amendment rights to speech...

I also have problems with Sen. McCain's views and votes on 'the tobacco deal' and Sen. McCain's view about worrying on the influence of tobacco money in Congress could *easily* have been addressed by simple and up-front disclosure by Congresscritters on campaign and lobbyist donations.

Plus making their appointment calendars PUBLIC.  It would be handy to know who they meet with while in office, no?  They are your representatives in the federal government, but heaven forbid if you find out who they actually MEET WITH.  The Media Reformer and Real Reformer hasn't done a thing to actually do any of this 'reforming' and has now formed into something totally other than a 'reformer'.

That, too, will never be seen from the 'maverick' or the other bleating masses of gelatin Upon the Hill: they lack spines.

A prime area of concern for a President is this thing known as 'foreign policy'.  Actually, Sen. McCain had a taste of that already with the idea of limiting Nations that we have Treaties with on their activities.  Which ones?  The Indian Tribes that tried to put up casinos in Arizona.  If John McCain can't figure out Treaties with Native Americans, and that they can, indeed, offer things like gambling and tax-free gasoline and cigarettes, and make some money off of the gambling vice, then perhaps he might rethink this idea of actually being able to know what to do with something a bit more complex like Pakistan with at least two major ethnic groups looking for autonomy (or more) and multiple tribes taking sides on different fronts, along with radical Islamic views percolating through it... and nuclear weapons as the big prize behind the National door.  If he can't figure out Indian Tribes in Arizona, then I have a hard time seeing how he will deal with Pakistan or Kenya or Indonesia.

For me this idea of 'defending the Nation' starts right at the borders: every other Nation thinks that and we are the only ones asinine enough to not believe that, save Europe which appears to be dissolving internally for the want of 'unity' while allowing in so many disparate ethnic groups that the idea of 'the Balkans' may soon have to include Londonistan and Sweden.  And Greenland, come to that.  That is why the 2006 and 2007 immigration views are asinine: it is not about race, it is about national security and national sovereignty.  With Chinese 'Snakeheads' importing near slave labor into the US for 'closed factories', the idea that there is a single 'ethnic problem' is ludicrous.  It is global in scope with folks in the Middle East being able to pay a couple of thousand dollars to get smuggled across the border.  And don't mind the jackets with insignia of groups allied to al Qaeda being found in the desert in the US... I'm sure they were a complete mistake.  As we have started to see in Oklahoma and elsewhere - if we enforce the laws, the majority of illegals will 'self-deport' back home and we are then left with the intractable criminal (and terrorist) problem which, today, we have ZERO handle on due being lost in the noise of so many here illegally.  And *rewarding* those here illegally will NOT STOP THE FLOW.  To stop the flow one must, in actuality, stop the flow.

Walls make damned good neighbors.  Sensor arrays are cheap.  So are those lovely close-in weapons systems the British have reworked for anti-small ship work from their original anti-missile work.  Wall, sensors and NORTHCOM, so the border patrol can ensure that those coming through the actual and legal ports of entry are who they say they are.  That is cheaper than building a nuclear aircraft carrier *hull*.  And even if we are, in the long term, wrong-headed for doing so, it then leaves us with a monument to our utter folly... one that we can enjoy because we did stand up to have a Nation with borders and enforce not only the rule of law but the Law of Nations.

And since I have mentioned *that*, what is it with Sen. McCain and the rest of the wool covered, gelatinous, bleating masses Upon the Hill bleating about having difficulties with *terrorism*?  Their Article I, Section 8 powers specifically mention one tract of information and one particular text known as the Law of Nations (not the lower case assumed law of nations, but the uppercase Title and particular citation sitting right there in the US Constitution where we all ignore it).  This is a generalized society level problem, however, as we are too advanced to remember what Nations are about and what their duties and responsibilities are not only between Nations and within Nations, but citizens within Nations to other Nations.  In our lovely multi-culti 'hug everyone, criticize no one' world of Sen. McCain views, where Americans won't pick lettuce of $50/hour... and even if he *meant* $15/hour it is a slur and insult to the American working population... in that world where nice folks only out of desperation because they are too incompetent to stage a revolution to get rid of inept or dictatorial government at home come to the US to be incompetent, the idea is that Nations *matter* and you do *not* get to break the agreements set up by your Nation with other Nations.  International lawlessness starts, at home, with the individual and then is held accountable by other Nations in their laws when individuals break the Law of Nations.  In that act, even if it is not one done in violence, there is violence done to the concept of Nations by those individuals willing to break down international law to 'find a job'.  To each and every individual who points to such things as the Universal Declaration of Human Rights: it applies to Nations and the Nationals within them and those foreigners there legally.  It does not and cannot apply to those who break international law by their actions as they are left up to the Nation they affect to deal with as that Nation sees fit. 

Terrorism is something that, under the Art. I, Sec. 8 powers, Congress can deal with on the 'civil side' of things:  it is given for Congress to put laws against Private War as it is a contravention of the Law of Nations.  While the explicit immigration and Naturalization language is given to Congress, that would also be kept under the more general Law of Nations penalties, so that illegal aliens could be dealt with via either means.  So, too, is the lawlessness of Private War given to Congress on the 'civil side' as it is not Public War in which it can make military rules about.  Just as Piracy had to be dealt with via either the apprehension or killing of those outlaws, so, too, are terrorists in that same category as they both fit under the umbrella of Private War.  Sen. McCain is used to Public War against Nations as are all of our contemporaries: even though we feel the lash and pain of Private War we can no longer name it for the outlawry that it IS.  And, as with Piracy, 'civil law' covers those that are either captured by civil society (police, bounty hunters, etc.) and then put to civil justice so that they get one, and only one, opportunity to demonstrate that they are not part of an organization waging Private War.  That was done with Piracy so that those falsely accused could *clear their names* and the reason we remember Captain Morgan who was branded Pirate for a land based attack is that he went back to London, stood trial and *cleared his name*.  Got Knighted to boot.  On the military side, however, as these are not civil enemies, but enemies against all society, it is left to the military commander to promulgate what should be done with such miscreants.  One President has clearly and unequivocally put forward that as Commander of the Armies and the Navies, that those waging Private War are considered Pirates.  That President offers the most succinct view of how to deal with military targets that are *captured* waging Private War against the Union and it is not a President we would expect it from:  Abraham Lincoln.

If Sen. McCain (R-AZ) cannot abide by the way the Nation was set up and the military view of Private War prosecuted against the US to be handled by the President as something outside the Public War arena, then he will try to muddle that clarity given to the United States by one of the greatest Republicans and a founder of the Republican Party.  Terrorists put themselves into the Outlaw position: not mere criminality but outside the protection of civil law and reverting to the law of nature.  Those that wage Private War, of all stripes, are an abomination to civilization and President Lincoln gave battlefield soldiers the ability to do summary justice based on finding them as they were.  If Sen. McCain thinks that those breaking international law during wartime by abusing prisoners in Vietnam are bad, then terrorists who threaten all the Nations of mankind by declaring war against them are something far worse than mere treaty violators: they repudiate civilization itself.

I can, have and *do* blame both parties and, indeed, most of the modern era for wanting to give up the fabric of civilization in an ephemeral quest to have a lovely transnational world where everyone has the exact same freedoms of the Chinese, the wealth of Namibians and the health of whatever the State decides to give you.  By looking to higher taxes, expanded government and less National Sovereignty, Sen. John McCain has demonstrated by his votes and outlook over more than two decades that this is actually what he supports.  When the Congress of 1986 promised, from the seat of power Upon the Hill, to actually do something to secure the borders and 20 years later we have Sen. McCain trotting out an *amnesty* plan because that hasn't been done, the very best that I can call all those who have sat that long and done nothing is "Seatwarmers".  And trotting it out *again* makes them Incompetent Seatwarmers for they cannot even do their jobs to establish justice and ensure that it is done.  That includes each and every Congresscritter who has matriculated through Congress since 1986 and applies multifold to those who were IN that Congress and had that Congress make a pledge to the American People that they would do their JOBS.  Not that Sen. McCain can actually remember what that job *is* most days as he is a bit too busy being high minded about how he can raise taxes and increase spending to actually worry about the rest of the job description that he and the rest of Congress gets. 

And when Sen. McCain trots out his views on COIN, I take that with a hefty sack of salt as he puts forward something that could not be done with the forces of the Union at that time because conditions were changing rapidly and we did not have the manpower to actually have more forces in the field.  And it was the self-same Sen. McCain that was so hot for a 'peace dividend' that he was willing to cut more than the President wanted from the budget and claim to be a 'conservative' because he wouldn't cut as much as the D party wanted to!  While a 'conservative' realizes that a studied view of what the proper force size should be is done *first* and then the forces adjusted to fit those views, not the other way around.  That left the US with two entire Army Divisions, one of which was the 10MD , so badly hung out to dry in Bosnia for so long because Sen. McCain didn't want to keep President Clinton accountable.  Thus his votes to reduce the force size and readiness along with the impact of long-term 'peace keeping' that Congress would not actually put any oversight upon, meant that when 9/11 rolled around, the foremost Army division for Mountain Warfare was *still* recovering from the abuse it had suffered to put it at the lowest readiness status ever seen since Vietnam.  If he stood true to not wanting to ever repeat that experience for the Armed Forces of the Union, then he should have held President Clinton accountable and *not* allowed the US Army to be hung out to dry by a neglectful CinC and a Congress that didn't want to pay for that neglect... a Congress that he sat in as a Senator.

I will not be voting for Sen. McCain for *anything* and that goes for the rest of the Congresscritters Upon the Hill.  They have all reached the end of the Peter Principle and their incompetence is vast and unwieldy as it stands, thus they are at the pinnacle of their careers.  Like Sen. Clinton, however, Sen. McCain gets especial view, but in his case it is not for being a sociopath, but for being deceitful and seeking to increase the size, scope and power of government over the common man while gesturing as a 'hawk' and then wielding the knife in the background, and then claiming none of the problems he has helped cause have any accountability to him.  In using first illegal alien amnesty and then the armed forces as political footballs in the 1990's, we have reaped a Nation that has porous borders and stood less than ready to respond to Private War brought hard to our shores one bright September morn.  What a difference a single Mountain Division could have made in Afghanistan sent quickly and efficiently to deal with dangers only it could be prepared to know.  By doing this we have seen erosion of the rule of law and such lessened respect for the US that those seeking to attack us felt they could do so with impunity.  And the worse part is that those connections between Charles Keating and BCCI continue to echo throughout the enemies of the Nation and the support given by one Senator who was never held to account for his part in it.  Many of the greatest foes of the US took part in BCCI... and because of those high level connections in government we may never know the full extent of how easily our enemies traded for the means to go after liberty and freedom on a regional and global basis.  And I am sure that is *just* the way Sen. McCain likes it... he has 'reformed' since then.

And it is a form I do not like in the slightest.