PODCAST: Trump and the Economy
Why the Guardian Report of ‘Secret Talks’ Between Manafort and Assange Could Be Significant
Still, suspicions linger over both men. If Mr. Manafort and Mr. Assange did meet in March of 2016, as the Guardian report suggests, what did they talk about? The answer is that we don’t know. It could have been related to Trump’s campaign, Russia, or something else entirely. Or, maybe it didn’t happen at all, and The Guardian story is just wrong. But, accepting the premise that it did, there are some intriguing coincidences to consider. It was around this same March 2016 timeframe that hackers associated with the G.R.U., Russia’s military intelligence agency, stole 50,000 emails from the Gmail account of John Podesta, Hillary Clinton’s campaign chairman. It was these same emails that Wikileaks began posting just minutes after The Washington Post published the Access Hollywood tape, a recording of Mr. Trump bragging about groping women that seemed certain to doom his Presidential bid. Wikileaks’ release of the the Podesta emails proved a critically-timed distraction that blunted the impact of the tape and perhaps saved Mr. Trump’s campaign. Was the timing of the Podesta emails a remarkable coincidence or a carefully coordinated fail-safe? If so, coordinated with whom? Wikileaks, the Trump campaign, Russians? Whatever the case, Mr. Manafort and Mr. Assange’s alleged confab in the Ecuadorian Embassy, London, could hold the answers.Remember this day when the Guardian permitted a serial fabricator to totally destroy the paper's reputation. @WikiLeaks is willing to bet the Guardian a million dollars and its editor's head that Manafort never met Assange. https://t.co/R2Qn6rLQjn
— WikiLeaks (@wikileaks) November 27, 2018
Trump Answered Mueller’s Questions, Is the Russia Probe Winding Up?
Bottom Line
As a rule, investigators usually interview the central figure in an investigation last. If Mr. Mueller judges Mr. Trump’s responses sufficient, the special counsel probe could wrap up very soon. If he elects to pursue an in-person interview with the President, it could go on for some time to come.Was Obama the First President Without a Full Year of Three Percent GDP Growth?

Politics is Falling Apart
Can Trump End Birthright Citizenship With an Executive Order?
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” (U.S. Constitution, Amendment XIV, Sec. 1)At the center of this question is how the wording of the 14th Amendment, and specifically the limiting phrase “and subject to the jurisdiction thereof,” applies in the context of parents who are foreign nationals. Are the children of unauthorized immigrants subject to U.S. jurisdiction and therefore eligible for birthright citizenship? Most credible legal scholars thinks so. Still, a handful of birthright citizenship opponents think enough uncertainty exists to potentially allow Mr. Trump to restrict it.
Birthright Citizenship in Historical Context
To sort all of this out, a little understanding of history is important. Since the founding of the American Republic, citizenship has been automatically conferred upon most anyone born on U.S. soil without regard to the nationality of their parents. But, the issue came to a head with the Supreme Court’s 1857 Dred Scott decision. In Dred Scott, the court ruled that despite his having been born on U.S. soil, “a negro, whose ancestors were imported into [the U.S.], and sold as slaves, whether enslaved or free, could not be an American citizen…” Anyone other than former slaves were generally considered to be U.S. citizens at birth already. It was Dred Scott, surely the court’s most shameful moment, that the 14th Amendment was intended to address. That context is important. Birthright citizenship in the United States is rooted in the British common law tradition of jus solis, or “right of the soil.” This differs from jus sanguinis, or “right of the blood,” which confers citizenship based on the citizenship of the parents. As the 18th Century British legal commentator William Blackstone explained, the British jus solis tradition differed from the countries of continental Europe, whose citizenship rules generally followed the jus sanguines, which derives from Roman Law.The American tradition of birthright citizenship was not accidental. Nor, is America the only country to embrace it. Currently some 30 countries confer citizenship to those born on their territory regardless of the nationality status of the parents.“The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.” – William Blackstone
‘subject to the jurisdiction thereof’
Opponents of birthright citizenship argue that the presence of the limiting phrase “subject to the jurisdiction thereof” exempts children of parents who are subject to allegiance to some power other than the United States. Otherwise, why note this exception? Most legal experts dispute that interpretation. John Yoo, a constitutional scholar at the American Enterprise Institute, explained in a recent blog post, that “at the time of the Framing of the Constitution and of the Amendment, there were discrete categories of persons who could be on US territory but not subject to our laws, such as diplomats and enemy soldiers occupying US territory during war. International law grants both diplomats and enemy soldiers protected status, when present on the soil of another state, from the application of that state’s laws.” Further, Native Americans, who maintained tribal sovereignty at the time that the Amendment was drafted, would have been another group exempted from U.S. jurisdiction. It wasn’t until the 20th Century that Congress extended birthright citizenship to Native Americans after all. The clear consensus among legal experts is that the 14th Amendment’s “and subject to the jurisdiction thereof” exception was intended for diplomats, foreign soldiers and (at the time) Native Americans who were not subject to the laws of the United States. Most everyone else, including children of foreign nationals, would fit under the 14th Amendment’s test of born in the United States and subject to its jurisdiction. However, a handful of scholars, like John Eastman of Chapman University’s Center for Constitutional Jurisprudence, disagree. Mr. Eastman told Axios that ‘subject to the jurisdiction thereof language refers only to people with political allegiance to the U.S. such as green card holders and citizens. But, he is distinctly in the minority. “When the 14th Amendment included the phrase ‘subject to the jurisdiction thereof,’ the framers and the public clearly understood that they were setting aside the children of foreign diplomats,” Jed Shugerman, a law professor at Fordham University said. “Other visitors to the United States were and continue to be plainly under the jurisdiction of US law. Why else can they be detained and convicted in US courts for violating US law, unlike diplomats?” It was well-understood at the time of ratification that the 14th Amendment would apply to the children of immigrants. A growing backlash against Chinese immigrants in the latter half of the 19th Century made this an issue in the debate. As Mr. Yoo wrote in his recent blog post:It is clear that the 14th Amendment was intended to apply to the children of immigrants. But, the question of illegal immigrants is still unsettled. The problem is that at the time the Amendment was drafted in 1866 (and ratified in 1868), there were no restrictions on who could enter the U.S. — the concept of “illegal immigrant” did not yet exist. So, answering the question of whether birthright citizenship applies to unauthorized immigrants requires some degree of interpretation. The key question is this: are those that entered the country illegally considered “subject to the jurisdiction of” the U.S. for the purposes of the the 14th Amendment? Probably so. When we refer to unauthorized immigrants as illegal, we are conceding that they are indeed subject to U.S. jurisdiction. The Federal government regularly subjects unauthorized immigration to the jurisdiction of the United States when it prosecutes them for the crime of entering the country illegally. When an unauthorized immigrant commits this or any other crime in the United States, they are prosecuted under U.S. law and so, by definition, subject to its jurisdiction. If the Congress had sought to prevent the children of foreign nationals from becoming citizens by birth, it had at hand a model for doing so. The Civil Rights Act of 1866, which passed the same year the 14th Amendment was drafted, excepted those “subject to any foreign power” and “Indians not taxed” from eligibility for birthright citizenship. Congress could have used that same language in the 14th Amendment if they wished to exclude the children of foreign nationals. Yet they did not. Their decision to instead adopt the “jurisdiction thereof” language cannot be understood as anything other than a conscious choice.“Significantly, congressional critics of the Amendment recognized the broad sweep of the birthright citizenship language. Senator Edgar Cowan of Pennsylvania, a leading opponent, asked: ‘is the child of the Chinese immigrant in California a citizen? Is the child born of a Gypsy born in Pennsylvania a citizen?’ Senator John Conness of California responded yes, and later lost his seat due to anti-Chinese sentiment in his state.”
The Supreme Court Would Decide
There’s no indication that an Executive Order banning birthright citizenship is really in the works. By all appearances, talk of it is little more than pre-election pot-stirring. But, if Mr. Trump were actually to go through with it, it would almost certainly end up before the Supreme Court. And there, Mr. Trump would face an uphill climb. Supreme Court precedent argues strongly in favor of an interpretation of the 14th Amendment that grants birthright citizenship to immigrants. As Jessica Levinson, a law professor with Loyola Law School told Vox: “This issue was largely settled in 1898 in United States v. Wong Kim Ark. There, the Supreme Court held that ‘to hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German, or other European parentage who have always been considered and treated as citizens of the United States.’” The issue in Wong Kim Ark was whether a child born in San Fransisco to Chinese parents who were ineligible for citizenship under the Chinese Exclusion Act, was considered a citizen of the United States. The court found that the answer in this instance unequivocally yes. In Wong Kim Ark, the court further held that “the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and protection of the country, including all children here born of resident aliens.” However, because there was no distinction at the time between legal and illegal immigrants at the time, Wong Kim Ark does not directly settle the question of birthright status for children of illegal immigrants. Even so, the Court’s logic in the case suggests that the 14th amendment would apply to unauthorized immigrants in similar fashion. Because the Supreme Court has never opined explicitly on the question of birthright citizenship as it applies to illegal immigrants, there is no definitive answer to the question of the constitutionality of an executive order restricting it. if Mr. Trump were to issue such an executive order, it would be immediately challenged legally and almost certainly end up in front of the Supreme Court. For now, we can say only that given the historical and legal precedent, it is unlikely that the high court would uphold it. https://prodroughlyexp.wpengine.com/2018/06/why-the-supreme-court-upheld-president-trumps-travel-ban/Axis of Reason: The Midterms Cometh
Will Jamal Khashoggi’s Murder Upend the U.S.-Saudi Alliance?
Buying Time
President Donald Trump has sought to give the Saudis the benefit of the doubt. On Tuesday, Mr. Trump suggested that “rogue” killers may be behind Mr. Khashoggi’s murder. “Who knows,” he added. When asked about it in an interview with the AP, Mr. Trump bristled at the assumption that Saudi Arabia was responsible. “Here you go again with ‘You’re guilty until proven innocent,’” he said. “I don’t like that. We just went through that with Justice Kavanaugh and he was innocent all the way as far as I’m concerned. So we have to find out what happened.”Earlier this week, Taylor Griffin talked with former Time Senior Correspondent Adam Zagorin about what Khashoggi’s disappearance and apparent murder means for the geopolitics of the Middle East. Listen here.Mr. Trump has also said that if the allegations are true, there will be “serious consequences.” Yet, he desperately doesn’t want to be placed in a position that will oblige him to follow through on that pledge. The Trump Administration seems to be buying time for the Saudis to figure a way out of this mess. Still, behind the scenes, they are pressing the Saudis to act swiftly. Mr. Trump dispatched Secretary of State Mike Pompeo to Riyadh earlier this week to meet with Saudi leaders, including Crown Prince bin Salman. Press reports indicate that Mr. Pompeo’s meeting Tuesday with the Crown Prince was more tense than the smiling pictures released earlier this week suggest. Behind closed doors, Mr. Pompeo reportedly urged the crown prince to “own” the situation and do so quickly before mounting international pressure forces Mr. Trump’s hand. Mr. Pompeo told him that the Saudi government needed to complete its investigation within 72-hours and hold those responsible accountable.
The U.S.-Saudi Alliance Isn’t Going Anywhere
Even if the Saudis did it, and all signs point towards that conclusion, the reality is that we’re stuck with them. There’s simply no stable configuration of the Mideast geopolitical chessboard that doesn’t involve a U.S.-Saudi alliance. As Danielle Pletka, a scholar with the American Enterprise Institute, wrote this week, “There is no other Saudi Arabia — no regional power which has the resources and the will to provide a counterweight to Iran and help lead us out of the current morass. Egypt is no longer that nation; the UAE is too small. Iraq is too riven.“ Given Saudi Arabia’s importance to U.S. interests in the region, what is important now is how Washington and Riyadh find their way through this debacle. “Addressing, even falsely, the Khashoggi crime will bring Saudi Arabia and its young de facto leader, Mohammed bin Salman (MBS), to another fork in the road,” Ms. Pletka says, “The key question is will MBS take the right turn?” According to Ms. Pletka, the Khashoggi debacle has “horribly, and ironically,” presented the young Saudi leader an opportunity to steer the Kingdom back onto the path of modernization. She suggests several steps MBS could take:
“A thorough scrub of political prisoners, and the release of those who have committed no real crimes.
“A national commission (I would say international, but I’m trying to be realistic) to assess the conduct of the war in Yemen.
“A real ambassador in Washington so that messages are flowing not just between Riyadh, Abu Dhabi, and the White House. (The Crown Prince’s younger brother seemed a nice enough fellow, but 28 is not the age or the experience for this job. Word is he’s leaving, but who will come next?)”
What Happens Next
It is increasingly likely that the U.S. will be forced to mount some sort of response. The political pressure from Congress and the international community is just too great. Lindsay Graham, a Republican Senator from South Carolina who has been among Saudi Arabia’s staunchest defenders in Congress, is all but calling for Muhammed bin Saltan’s head. “This guy is a wrecking ball, he had this guy murdered in a consulate in Turkey, and to expect me to ignore it, I feel used and abused,” Mr. Graham said on Fox and Friends Tuesday. President Trump should “sanction the hell out of Saudi Arabia,” he added.The U.S.-Saudi relationship will continue. But, it cannot continue unchanged. The U.S. should demand that Saudi Arabia commit to reverse the tide of illiberalism as part of the bargain.All American Presidents have accepted, to varying degrees, the devil’s bargain implicit in the US-Saudi relationship. The Saudis are no angels. Still, things like the internal brutality of Saudi Arabia’s sharia justice system could be understood in terms of the balance that the ruling family must strike to keep the Wahhabi maniacs at bay. When it comes to the Kingdom, American policy has always weighed human rights concerns against the risk of a bunch of Islamic nut-jobs gaining control of the world’s largest oil reserves. But, this is something different. Murdering and dismembering a journalist on foreign soil is shocking even for them. The U.S.-Saudi relationship will continue. But, it cannot continue unchanged. Crown Prince bin Salam has sought to market himself as a reformer. And, he’s taken some steps in the right direction, such as permitting women to drive. But, his recent efforts to crack down on dissent and consolidate power demonstrated an ugly illiberal bent. The Crown Prince wants to be seen by the world as a modern, progressive, Arab leader. The U.S. should demand that he act like one. Mr. Khashoggi’s final column, published in The Washington Post Thursday, had an eerie prescience. In it, he decried press censorship and suppression of dissent in Saudi Arabia and throughout the Middle East. “These actions no longer carry the consequence of a backlash from the international community,” he wrote. “Instead, these actions may trigger condemnation quickly followed by silence.” Now, Mr. Khashoggi’s own murder begs the question: will this time be different?
Axis of Reason Podcast: The Death of Jamal Khashoggi
Earlier this week, Taylor Griffin talked with former Time Senior Correspondent Adam Zagorin about what Khashoggi’s disappearance and apparent murder means for the geopolitics of the Middle East. Listen here.
Axis of Reason Podcast: The Death of Jamal Kashoggi (Guest: Adam Zagorin)
