Disciplinary Committee: Rudy Giuliani Should Be Held Liable for Professional Sanctions Over False 2020 Election Claims

The DC Bar’s Board on Professional Responsibility found Rudy Giuliani violated ethics rules by making false 2020 election claims and should be held liable for professional sanctions, according to a new report by CNN.

This report by the attorney disciplinary committee is “preliminary and non-binding.” But it will move forward and is a “significant step forward” in the work to hold Trump lawyers accountable for their abuse of the court system using claims they could not and did not substantiate in their attempts to steal an election from The People.

The charges that the Trump lawyer violated attorney ethics rules stemmed from a case he brought in Pennsylvania, where Trump and his lawyers sought to toss the votes of hundreds of thousands of voters.

After Giuliani’s case was rejected by a judge, the Trump campaign was denied their efforts to file a revised complaint.

Giuliani was accused of having “weaponized his law license to bring a frivolous action in an attempt to undermine the Constitution.”

I discussed Giuliani’s efforts to steal votes in Pennsylvania Thursday morning in our Politicus Pod, including his reported girlfriend’s bonkers rantings about dead people voting as revealed in Mark Meadows’ texts obtained exclusively by Talking Point Memo published Wednesday evening:

The best part of this so far is that the disciplinary proceedings zeroed in on the lack of evidence Giuliani had BEFORE he filed the lawsuit. You know, having some kind of cause. Having a reason to make the wild claims he did. Something other than fantasy, conspiracy and pure fiction.

The effort to undermine the 2020 election was multi-pronged and seemed coordinated.

For example, Factcheck.Org had to do a deep dive on the “dead voters” claims due to Senator Lindsey Graham lying about this on Fox News, claiming they had evidence of it, and Giuliani, without evidence, calling Philadelphia an “epicenter of voter fraud” on the same program, adding that “we’re going to be looking at dead persons’ ballots, which may actually be very, very substantial.”

Which “may” be. Which may be is not evidence. It is hopeful delusion by this team.

“Republican Sen. Lindsey Graham said the Trump campaign had “evidence of dead people voting in Pennsylvania…The Trump team has canvassed all early voters and absentee mail-in ballots in Pennsylvania. And they have found over 100 people they think were dead, but 15 people that we verified that have been dead who voted. But here is the one that gets me. Six people registered after they died and voted. In Pennsylvania, I guess you’re never out of it.”

Later in the interview, Graham said, “I do know that we have evidence of six people in Pennsylvania registering after they died and voting after they died. And we haven’t looked at the entire system.”

Even if they had six people, that would not overcome the 45,000 vote lead then Vice President Joe Biden had at the time.

But, the only person charged with felonies for trying to apply for a mail-in ballot in his deceased mother’s name in Pennsylvania was a Republican.

There was also an incident, cited by Trump campaign advisor Corey Lewandowski, as a “concrete example” that also turned out to be someone who, although deceased on October 22, cast a ballot which was received November 2 and recorded.

Family members said she planned to vote for Trump but no one could explain how her ballot got sent back after her death. I was unable to find an update on that situation, so it’s unclear if charges were brought.

Factcheck continued: On the same program, former New York City Mayor and Trump’s personal attorney Rudy Giuliani called Philadelphia “an epicenter of voter fraud” and said “we’re going to be looking at dead persons’ ballots, which may actually be very, very substantial.”

Philadelphia is a city of many Black people, like many of the other cities in which Republicans claim, without evidence, that voter fraud is rampant. What these consistent accusations of fraud are, in reality, is an attempt to delegitimize the lawful votes of Black people because Republicans know they do not win with the Black population. That is in and of itself a shameful attempt to intimidate and suppress the vote of people simply because of their race.

So, back to that disciplinary hearing focused on Giuliani filing a lawsuit before he had evidence.

CNN reports that Giuliani assured them that had it gone to discovery, he would have been able to provide more evidence and that he had been responsible in his filings because he was “responsibly alleging, based on the things that were told to me by other people. I wasn’t proving – I had a long way to go to prove.”

It is not responsible alleging to go off of things you’ve been told without doing any vetting of those claims. Giuliani knows this, as he was Manhattan’s US attorney.

Hamilton Fox, who brought the ethics charges, said Giuliani was pushing a “coordinated” effort to undermine the election.

Recommendations will follow this and then hearings in front of the entire board. The issue seems to be a desire to not chill other lawsuits (presumably of merit) while not allowing a “coordinated” effort to undermine faith and integrity in our elections to go unpunished.

It’s stunning and telling that Rudy Giuliani still has his law license after all of this. He tried to steal the most scared freedom the American voter has, based on nothing.

Giuliani shouldn’t be allowed to practice law after such a blatant attempt to sow discord and fuel lies about the most secure election in U.S. history.



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Newly revealed texts show Mark Meadows is a liar

Patrick Semansky/AP

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Mark Meadows is a liar—at least by omission. And newly revealed text messages prove it. 

In 2021, the former White House chief of staff for Donald Trump released a book, The Chief’s Chief, which offered a sycophantic account of his tenure serving the reality-TV-star-turned-president. It made little news because it provided little news. In the book, Meadows fawns over Dear Leader. He blames Trump’s 2020 loss on Fox News’ less-than-enthusiastic coverage of Trump, other purported media conspiracies, and massive fraud. Of course, he cites no confirmed instances of significant voter fraud. But he insists it was clear Trump won. “I knew he didn’t lose,” he writes. How? Well, because of all the “palpable” excitement at the Trump rallies and the “feeling I got during the final days of President Trump’s campaign.” Alrighty, then. But there’s more: “If you looked at the social media traffic from that night—which, I did, constantly—there was no doubt about it: President Trump was going to be reelected by a healthy margin.” Talk about reality bias.

No savvy reader would expect Meadows to present an honest and accurate depiction of what transpired in the weeks after the election and on January 6. But he strives mightily to provide a phony recounting. He cites debunked allegations of fraud and claims the Democrats and the liberal media had plotted for years to set up a pretext in which Trump’s assertions of fraud could be dismissed as conspiracy theory nonsense and labeled “crazy” or “paranoid.” He calls this the “long con.” In Meadows’ telling, Trump and his attorneys merely engaged in legitimate court challenges to “uphold the Democratic process.” (Meadows mistakenly capitalizes “democratic.”) The problem, apparently, was that the courts, including the Supreme Court, didn’t have the guts to support these challenges. And then Trump, on January 6, simply made a farewell address to his followers that “did not call for violence,” and afterward he left the stage, informing Meadows he had no intention to head to the Capitol himself. When moments earlier he had told his loyalists that he would march with them toward Congress, Trump “had been speaking metaphorically.” (According to testimony provided to the House January 6 committee, Trump was intent on leading the throng and even got into a physical altercation with a Secret Service agent who would not allow him to do so.) Meadows shares not a single detail about his or Trump’s actions—or inaction—during the ensuing riot. 

Meadows was peddling disinformation. His book says nothing about Trump’s multiple efforts after Election Day to overturn the results. Missing from these pages: Trump pressuring Georgia election officials to “find” him enough votes to win that state (an effort in which Meadows participated); the fake electors scheme; Trump’s attempt to force the Justice Department to declare the election corrupt; the crazy conspiracy nutters who met with Trump and pushed him to seize voting machines; Trump muscling his vice president to block the certification of Joe Biden’s victory; Trump’s refusal to take steps to quell the January 6 riot; and much more. 

Also missing: any mention of the hundreds of text messages Meadows received from Republican elected officials and conservatives who pled with him to take drastic—and perhaps illegal—steps to undo the election results. 

This week, Talking Points Memo revealed a trove of thousands of text messages Meadows received and sent during the post-election period. Some of Meadows’ text messages had already been made public; many had not—particularly those in this set of messages that flowed to and from Republican members of Congress. A notable one was a text Rep. Ralph Norman (R-S.C.) zapped to Meadows on January 17, 2021, that cited a bonkers conspiracy theory about Dominion Voting Systems rigging the election and declared, “Our LAST HOPE is invoking Marshall Law!! PLEASE URGE TO PRESIDENT TO DO SO!!” (Norman misspelled “martial” law.)

A House member urging Trump to impose martial law—Meadows saw no reason to mention that in his book. 

As Talking Points Memo reports, “Meadows received at least 364 messages from Republican members of Congress who discussed attempts to reverse the election results with him. He sent at least 95 messages of his own… The members who messaged Meadows about challenging the election included some of the highest-profile figures on the right flank in Congress, such as Sen. Ted Cruz (R-TX), Rep. Jim Jordan (R-OH), and Rep. Mo Brooks (R-AL), all of whom are identified as playing leading roles in the effort to undo Trump’s defeat.” One dramatic message came from Rep. Brian Babin (R-Tex.) on November 6, three days after the election: “Mark, When we lose Trump we lose our Republic. Fight like hell and find a way. We’re with you down here in Texas and refuse to live under a corrupt Marxist dictatorship. Liberty!”

Throughout the post-election months, Meadows received multiple texts from Republican officials sharing crazy and baseless ideas about the election and extreme proposals for keeping Trump in office. Rep. Ted Budd (R-N.C.) texted Meadows a message saying there were links between Dominion and billionaire George Soros. Rep. Paul Gosar (R-Ariz.) shared with Meadows an unfounded election conspiracy theory that originated with Alex Jones, the notorious conspiracy-monger. 

Meadows didn’t discourage any of this.   

As Republican legislators schemed to thwart the congressional certification of the electoral college votes for Biden, they kept in close contact with Meadows, a former House member. He encouraged Republican legislators who told him they were trying to stop the certification. The text messages show he met with these officials and that this GOP effort to undermine the election was supported by right-wing dark money groups, including the Conservative Partnership Institute, which hired Meadows after Trump left office. At one point, Jordan texted him that Vice President Mike Pence should disqualify electoral votes from key states to prevent a certification of Biden’s victory, and Meadows replied, “I have pushed for this. Not sure it is going to happen.” 

For some reason, Meadows did not share any of this with the readers of his book, not the GOP legislators’ endeavors to defy the election results nor his own role in this and other attempts to keep Trump in power. These texts, as well as testimony given to the House January 6 committee, confirm that he was in the center of the storm throughout these turbulent weeks and on January 6. Yet his memoir essentially says, nothing to see. The texts not only illuminate the Republican assault on the 2020 election that Meadows was part of; they reveal his own profound mendacity. 

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North Dakota A.G.: Teacher Training Funds Program Open to Teachers at Private (Including Religious) Schools

From a formal Attorney General opinion (no. 2022-L-07) responding to a query by the North Dakota Education Standards and Practices Board; it is dated Nov. 29, but was just posted on Westlaw:

… [Y]ou ask (1) whether private school teachers who are also mentors may participate in the Teacher Support System, and (2) whether private school teachers who are also mentors may receive grants to participate in the Teacher Support System. Nowhere in the applicable statute or administrative code are non-public school teachers prohibited from participating in the Teacher Support System.

However, the context of your question indicates the key issue underlying these questions is whether Article VIII, Section 5 of the North Dakota Constitution (“the Blaine Amendment”) prohibits teachers at sectarian schools from receiving grants from the Teacher Support System. It is my opinion that the Blaine Amendment is not enforceable under United States Supreme Court caselaw, and therefore teachers at sectarian schools may receive grants from the Teacher Support System….

The Blaine Amendment was adopted as Article 152 of the 1889 North Dakota Constitution and provides that “[n]o money raised for the support of the public schools of the state shall be appropriated to or used for the support of any sectarian school.” The North Dakota Supreme Court has held “[a] “sectarian institution’ is ‘an institution affiliated with a particular religious sect or denomination, or under the control or governing influence of such sect or denomination.”‘ Over time, the definition of “sectarian” has broadened to include “relating to” or “supporting a particular religious group and its beliefs.” As a result, the Blaine Amendment effectively means “[n]o money raised for the support of the support of the public schools of the state shall be appropriated to or used for the support of any [religious private school].”

The Teacher Support System is a mentoring program for new teachers operated by the North Dakota Education Standards and Practices Board (ESPB). A teacher who holds an initial, two-year license must participate in the Teacher Support System to be eligible to apply for a five-year-renewal license. The legislature appropriated $2,125,764 to the ESPB for the 2021-23 biennium to provide grants to Teacher Support System mentors. The applicable statutes and administrative code do not prohibit private school teachers from participating in the Teacher Support System as either mentors or mentees. Given that participation in the mentor program is a requirement for renewed licensure and the lack of contrary language in statute, it is my opinion that teachers at private schools may participate in the Teach Support System as mentors. Similarly, it is my opinion that teachers at private schools may receive grants for participating in the Teacher Support System.

However, this does not end the inquiry. As noted above, the Blaine Amendment bars appropriated funds and public money from being used to support any sectarian school. On its face, this prohibition would apply to Teacher Support System grants provided to mentors employed by sectarian schools.

However, in two recent decisions, the United States Supreme Court cast doubt on whether Blaine Amendments can be reconciled with the First Amendment to the United States Constitution. In Trinity Lutheran Church of Columbia, Inc. v. Comer, the Court held a “law … may not discriminate against ‘some or all religious beliefs.’ … The Free Exercise Clause protects against laws that ‘impose [] special disabilities on the basis of … religious status.”‘ The Blaine Amendment functionally prohibits religious private schools from receiving grants from the Teacher Support System, while teachers at non-religious private schools are allowed to receive the grants. This is precisely the type of disadvantage the Supreme Court concluded may not be imposed on the basis of religious status.

The Supreme Court went even further in Espinoza v. Montana Dept. of Revenue. In that case, the Court held that, because Montana’s Blaine Amendment had been applied to discriminate against schools and parents based on the religious character of the school at issue, the amendment was subject to the strictest level of judicial scrutiny. The Court made clear an interest in separating church and State “cannot qualify as compelling in the face of the infringement of free exercise.”  The Court concluded that “[a] State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”  Recently, the Supreme Court expanded the Espinoza holding in Carson v. Makin.  In Carson, the Court held the application of Maine’s Blaine Amendment to generally available tuition assistance payments violated the Free Exercise Clause of the First Amendment. The Court said the Blaine Amendment impermissibly denied public funding to certain private schools solely because the schools are religious.

Here, as in Carson and Espinoza, the state created a mentorship program that is mandatory for licensure renewal. Fairly applied, the Blaine Amendment would permit teachers at public schools and non-religious private schools to receive grants for participating in the mandatory program, while barring teachers at religious private schools from receiving the same grants. Based on Trinity Lutheran, Espinoza, and Carson, the Blaine Amendment cannot be enforced in any situation where doing so would disadvantage a sectarian school as compared to a non-religious private school simply because of the school’s sectarian nature. As a result, it is my opinion the United States Supreme Court has barred the state from enforcing its Blaine Amendment.

Based on binding United States Supreme Court caselaw, it is my opinion the Blaine Amendment unconstitutionally disadvantages sectarian schools. As a result, it is my opinion that teachers at all schools, including both non-religious and sectarian private schools, may participate in the Teacher Support Program as mentors, and may receive grants to support their participation….

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Unreliable Stats (Green Edition), Scots: Go, If You’re Hard Enough, Détente in the Commons, Compulsory Tributes

UNRELIABLE STATISTICS, Green Party edition

Caroline Lucas is a cornucopia. Unreliable Statistics has to be filled, and the sometime leader of the Green Party filled it by herself from a single speech. In the debate on Wednesday’s Finance Bill, she told the House:

  • It is estimated that the UK will lose 10% of its GDP by 2050 if we do not tackle climate change.
  • BY 2025, global emissions from existing projects will be 22% too high to stay below 1.5 degrees.
  • If the net zero transition is delayed by a decade and global temperatures reach 1.8°, by 2050 banks will face losses of £225 billion.
  • Scientific reality makes it clear that fossil fuel assets are uneconomic and financially uncompetitive in a 1.5 or 2 degree world.

You have to love that “scientific reality”.

The two most unreliable computer models in existence are climate models and economic models. In climate catastrophe discourse they combine in fluid and chaotic combinations that Navier Stokes equations can’t describe.

It’s not the science that’s at fault – it’s the science activists. And then the science activist lobbyists. And then the science activist politicians. And then Caroline Lucas. 

RESEARCH HAS SHOWN THAT:

  • 38% of people would buy a dog smuggled from another country. Elliot Colburn
  • Nine out of 10 disabled people are worried about their energy bills this winter. Paulette Hamilton
  • A study of the English concessionary travel scheme shows that for every £1 invested, nearly £3 of benefits were created. Steve McCabe
  • Billionaires are responsible for a million times more greenhouse emissions than the average person. Prem Sikka
  • We hold our breath when we are checking our emails which denies the brain oxygen. Hannah Bardell (from 2018, but her finding deserves to live forever)

SCOTS WAHEY

At a moment when Scottish support for independence reached a new high, the SNP elected a new leader in Westminster. Stephen Flynn seems a nice man, but troubled. Rishi Sunak welcomed him very nicely and “looked forward to constructive engagement” with him on the future of Scotland (laughter).

But to ask again the perennial question, what is the SNP doing in Westminster?

It’s nice to be able to provide a safe space for a political party to work through their problems. I suppose that’s the sort of people we English are. We welcome, don’t we? We give the Scottish Nationalist Party a quarter of our parliamentary benches to exercise their indigenous practices of abusing and reviling us who oppress and control and deny them democracy.

In our own ways, we English are the Queen, and the SNP is one big, various, multi-dimensional Prince Harry.

Maybe they will achieve the thing they say they want. But Guido worries how Scoxit will end.

If they do get their independence, they won’t be able to join the EU at once. They’ll have to adopt the Euro; they’ll have Greece-style austerity imposed on them, and they’ll go bust before their application goes through. At that point – abandoned by Brussels – as sure as gravity, we will have to bail them out. Our old friends, how could we ignore their piteous cries for help, warmth and shelter?

They’ll be seeking asylum by the million. The Lowlands will clear themselves. The SNP will demand representation in Westminster again.

Every cloud has a silver lining: it would be an ideal outcome for all independence-minded Scots. They will have refreshed their rationale for hating the English for the next 300 years. A country needs a reason to exist; it would cost us little and give them so much.

PAYING TRIBUTE

This last week, on 96 occasions, one MP “paid tribute” to another MP for good work, good effort, good effect. “Passionate advocacy” was applauded, as was “doughty defence” and “stalwart support”. Emily Thornberry got tribute for the tone she was striking.

Ninety-six “tributes” in a week.

Even Andrew Bridgen got some. Alas for Unfortunate Andrew, parliamentary tribute is not bankable.

It was not always thus.

A hundred years ago, Hansard tell us the Cyprus tribute was £215,000 – that has the tang of reality to it. In 1828, Palmerston announced that Greece was to become a dependency of Turkey and pay them an annual tribute, “to be determined by common consent” (smothered laughter).

Having said that, the very first edition of Hansard in 1803 records a tribute “to the criminal jurisprudence” of Ireland. In the following 20 years the term was used, sometimes in its fiscal sense but very often in its current usage, 297 times.

“Paying tribute” has expanded from those modest beginnings to the present day. Since the turn of this century, there have been 50,000 (fifty thousand!) instances of “tribute”. So, in 200 years, its usage has expanded from 297 occasions to 50,000.

It’s an expansion on the scale of income tax – which was introduced around the same time at some few pence in the pound. MPs might bear in mind that what “tribute” actually means is us giving them half our income every year.

COMMONS DÉTENTE

Last week in the Chamber, Michael Gove called a Labour MP, “My honourable Friend”. Johnny Mercer did the same, twice. Other Tories have been doing it, too. Repeatedly. It’s not a mistake anymore.

Even new Tory MPs know their own side is “my hon. Friend,” and the other side “the hon. Member”.

Something else is in play.

The beast was thought to be mythical but it seems that “a kinder, gentler politics” has emerged from the jungle, on soft feet.

We frequently hear a criticised minister respond with: “Can I gently say.” Also, caught last week, the very phrase David Cameron invented: “The hon. Lady is absolutely right and we will do exactly as she suggests.” What a swell of fellow feeling went through Labour women when he said that back in 2010.

Some of us remember the tribal, terrace-end politics under Blair and Brown. There was real angst and aggro there. Nicholas Soames goading John Prescott at the dispatch box: “Gin and tonic, Giovanni,” he’d heckle the minister. The flick on the nose is very much more enraging than the body blow.

Gordon Brown told his backbenches that the fundamental purpose of the Tory party was to suppress and frustrate the ambitions of the working class. He published a briefing document for them. It might have been called The Protocols of the Elders of Eton with its blood libels on the Conservative party.

No one was calling their opponents “my hon. Friend” across the aisle in those days.

That feeling – that opponents were wicked – was resurrected under Corbyn.

Observers say they see Keir Starmer returning to the class war, but he’s not really. Not like it has been. He wants to be friends with the enemy. He wants them to vote for him.

If this détente seems far-fetched, Guido will be collecting examples of this peculiar phenomenon for next week’s Shorts.

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Sarah Olney MP: The government must approach the biodiversity emergency with the urgency it deserves

‘The protection of a biodiverse environment has been plagued by ill-management and the government’s failure to understand the tangible consequences of poor biodiversity’

Sarah Olney is the Lib Dem MP for Richmond Park

The protection of a biodiverse environment has been plagued by ill-management and the government’s failure to understand the tangible consequences of poor biodiversity. A quick glance at the headlines from over the last twelve months makes it plain to see that the state of biodiversity in the UK has become deeply concerning. The Government has missed its 2020 target for 50% of Sites of Special Scientific Interest to be in ‘favorable’ condition with just 38% in favorable condition in England. This figure has barely improved in the last decade.

As the UK enters the COP-15 UN conference on biodiversity this week in Montreal, it does so with a terrible track record in the arena. The UK has lost nearly half of its biodiversity since the Industrial Revolution and is ranked in the bottom 10% in the world and the worst among G7 nations for biodiversity. This of course comes in quick succession to the Prime Minister’s own initial decision not to attend the COP-27 Climate Change conference in Sharm el-Sheikh.

Time and time again this government has demonstrated that it is neither committed to meeting the ambitious targets promised to other leading nations to improve the global environment, nor appreciative of the drastic and real consequences of climate change and poor biodiversity across the world. It is painfully clear that the UK is underperforming considerably on the world stage of environmental emergency.

This conference must be a catalyst for change in the UK’s performance on improving biodiversity.

The impact of poor biodiversity is depressing. There were 403,171 sewage overflows recorded in 2020. Overflows are meant to occur only during heavy rainfall events, but now it appears that some overflows have been in regular operation, releasing contaminants into the water in all weather. DEFRA have estimated that the number of public bathing sites estimated to be in ‘poor’ condition has increased three-fold in the last 12 months. This is something I notice in my own constituency, with the river Thames being a substantial part of many of my constituents’ daily lives for recreational purposes such as water sports.

The risk of potential health impacts of unsafe public water looms ever greater.

Too often, environmental issues are treated in isolation. Our environment is a complex, interdependent system and it is the foundation of our economic and social prosperity. The government must use this conference to re-address how biodiversity is treated as a national and global crisis.

A lack of biodiversity in the UK has real consequences for the economy. A lack of biodiversity means soils that sustain our agriculture are degraded, the seas that maintain our fisheries are plundered, and our natural defenses against flooding are failing, to sum up, a direct impact of these three consequences is a greater risk to the UK’s long-term food-security. In 2020 UK wheat yields dropped by 40% as a result of heavy rainfall and droughts. With the inflation of food prices hitting a record of 12.4% at the end of November this year, the government must do more to protect the availability and price of food in the UK.

Biodiversity has long been neglected in economic Tory policy, which has led to decades of under-investment. The water regulator, Ofwat, has focused on keeping bills low and maintaining supply at the expense of investment in a reliable sewerage system, and in tandem, regulators have failed to take sufficient enforcement action when pollution has occurred, or even to keep reliable track of the problem. Indeed, on my recent visit to Mogden sewage works in Isleworth to view their treatment for raw sewage spills, I was fascinated by the effect this can have, yet concerned by the frequency with which such operations have to occur because of a lack of investment, and of joined-up thinking between investors.

The Liberal Democrats plan to create a cabinet-level Chief Secretary for Sustainability in the Treasury and a new Department for Climate and Natural Resources, reversing the Conservative’s disastrous downgrading of climate change at the ministerial level in 2016. This would give nature the voice it deserves not only in government but also with the public, increase funding to the relevant areas, and ensure that the plans in place to prevent sewage spills are made coherently.

Of course, biodiversity is above all a health-related matter. While the Environment Bill was in the House of Lords, the Liberal Democrats won a number of votes against the government including that a biodiversity emergency was declared both nationally and globally. We need to emerge with learned lessons from the COVID health crisis, especially given the on-going threats to public health such as the recent rise of Avian Influenza and Strep A infection. In short, far more should be done to tackle the biodiversity crisis which too has serious complications for public health.

There are proven mental and physical health benefits of living in a greener area, with cleaner air. Air pollution alone is the cause of over 40,000 premature deaths each year in the UK, which disproportionately harm poorer and marginalised communities. If the government considered the decline of biodiversity as a genuine emergency, billions of pounds could be saved for the NHS, taking pressure off the system.

Throughout the stages of the Environment Bill, the Liberal Democrats pushed for it to go further. For example, to strengthen the independence of the Office for Environmental Protection and give it further enforcement powers. This week The Times reported that the Environment Agency inspects only around 2% of England’s farms a year to check compliance with pollution rules. However along with the proposal to ensure that the harm caused to the environment and public health by the elimination of discharge of untreated sewage into rivers, these calls were defeated by the government.

As the UK takes its place at COP-15, the government must not only accept accountability for its failings to meet targets set previously towards greater biodiversity, but also commit to plans which mitigate the real economic and health complications of poor biodiversity and strengthen the protection of biodiversity in the future.

The government should now approach the biodiversity emergency with the urgency it deserves.

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Newslinks for Sunday 11th December 2022 | Conservative Home

Sunak puts Brexit bill ‘on ice’ as hopes rise of EU deal

“Rishi Sunak has put the Northern Ireland Brexit protocol bill on ice until the new year after private talks with Brussels paved the way for a new deal by February. Senior officials say the bill will not be returned to the Lords this year, giving negotiators time to thrash out new trade rules for a St Valentine’s Day agreement. The bill is designed to give Britain the right to unilaterally suspend aspects of the protocol, including excessive border checks, if there is no deal with Brussels. But even Lord Caine, the minister in charge of pushing the bill through the Lords, has privately raised questions about whether it may break international law. Caine said he did not recognise the remarks attributed to him. Any delay to the bill will make the European Research Group…suspicious…” – The Sunday Times

  • Truly dreadful stuff from Secretary of State for Northern Ireland – Arlene Foster, Sunday Express

>Today:

Small boats 1) He is planning to ‘seize control’ of the Channel migrants crisis as Red Wall MPs are ‘losing patience’

“Rishi Sunak is planning to ‘seize control’ of the Channel migrants crisis by announcing a crackdown this week on the Albanian people-traffickers linked to the majority of cases. Whitehall sources said the Prime Minister was ‘looking at all options’ to fast-track the return of Albanians who come to the UK, including the use of the Albanian police to check criminal records. It comes as the Prime Minister is under mounting pressure from Red Wall Tory MPs to tackle the issue. Tory MP Lee Anderson tells today’s Mail on Sunday that his Nottinghamshire constituents are ‘losing patience’ with the Government… In what appears to be a veiled threat to leave the Tories, Mr Anderson adds: ‘My party can be a force for good in this great country, but it isn’t yet choosing to be.” – The Mail on Sunday

  • Asylum seekers in hotels ‘could be recruited by extremist groups’ – The Sunday Telegraph
  • Britain has always been a tolerant country that has looked after refugees. Yet today our warmth and generosity are being abused by the criminal gangs trafficking people to our shores – Lee Anderson, The Mail on Sunday

Small boats 2) Braverman ‘prepares to announce’ a ‘crackdown’ on Albanian immigration ‘within days’

“Suella Braverman is preparing to announce a crackdown on Albanian immigrants within days. It comes as shock stats show a staggering 12,000 Albanians have still not had their asylum claims processed after being in Britain for six months. Rishi Sunak has told Tory MPs in private that fixing Britain’s broken borders is his “number one priority”. He has been holed up in No10 working with the Home Secretary on a top secret plan to get tough on Channel boat migrants. One senior government insider told The Sun on Sunday: “We want to say something soon – before Christmas.” A full package of measures to crack down on Channel boats, slash the ballooning hotel bill for asylum seekers and send back bogus claimants is expected in the New Year.” – The Sun on Sunday

Hunt ‘faces Tory rebellion’ over £7 billion government spending ‘on ‘woke’ projects’…

“MPs have written to the Chancellor to demand that ministers cut spending on equality and diversity measures and grants to charities and quangos in order to reduce taxes. Their letter criticises Mr Hunt’s decision to “tax the British public at levels not seen since the end of the Second World War”, and to “spend more public money in 2023 and 2024 than at any point since the mid-1970s”. It comes ahead of the publication of a new report by the Conservative Way Forward group on Monday, which will claim that £7 billion of public money is spent on “politically motivated and divisive activities” each year. The group’s research is based on an audit of government accounts and Freedom of Information requests to 6,000 public bodies…” – The Sunday Telegraph

…as the Chancellor is warned his ‘tourist tax’ on foreign visitors could ‘spark the loss’ of more than 100,000 jobs

“A controversial ‘tourist tax’ on foreign visitors imposed by Chancellor Jeremy Hunt could mean the loss of more than 100,000 jobs, according to an in-depth analysis shown to the Government. The levy could also mean that Britain forfeits up to £6 billion in tourist spending to other countries, particularly in Europe where overseas travellers are offered tax incentives to spend in shops. Bosses at Harrods and Selfridges have joined a chorus of business leaders demanding a review of Mr Hunt’s decision to scrap VAT-free shopping for international visitors. They say it puts London at a serious disadvantage to rival cities, including Paris and Madrid which are said to be targeting visitors from outside the European Union…by promoting the incentive at airports and shopping destinations.” – The Mail on Sunday

Strikes 1) Barclay says NHS strikes ‘pose a significant risk to patients’ as up to 100,000 nurses ‘prepare to walk out’ this week

“Steve Barclay today warns NHS strikes pose “significant risk” to patients. The Health Secretary said he was “deeply concerned” about the impact of walkouts by nurses and ambulance crews on the sick. They are his toughest comments yet and come as Brits prepare to be hit by the biggest wave of crippling strikes since the early 1980s. Up to 100,000 nurses will walk out this Thursday and the following Tuesday in their first ever national strike. Ambulance crews will down tools next week. And rail workers, posties, and border force staff are all staging rolling strikes…Yet dozens of… Labour MPs are preparing to join the picket lines… The Royal College of Nursing (RCN) are striking over pay after demanding inflation-busting pay rise of 19 per cent.” – The Sun on Sunday

  • Britain’s ‘new lockdown’: strikes bring the country to a standstill – The Sunday Times
  • Strike action to shut down most of UK rail network next week – The Financial Times
  • How long can the unions afford to go on strike? – The Sunday Times
  • The only thing NHS strikes will serve up this Christmas is untold misery to millions needing vital care – Editorial, The Sun on Sunday
  • A lesson from Mrs Thatcher on how to tame the unions and inflation – Editorial, The Mail on Sunday
  • The outlook is not so gloomy, so the strikes can be resolved – Editorial, The Sunday Times
  • My ‘deep concerns’ about the ‘risk’ of NHS strikes to patients – Steve Barclay, The Sun on Sunday
  • Politicians used to have a vision to save the NHS. You won’t hear them being so bold today – Robert Colville, The Sunday Times
  • Sunak has vowed to act tough to end the winter of discontent. But does anyone really believe him? – Dan Hodges, The Mail on Sunday
  • No driver, no conductor, no timetable, no plan – Ed Conway, The Sunday Times
  • It’s time to stand up to the union bullies, Sunak – Tony Parsons, The Sun on Sunday
  • Militant trade unions are in for a shock if they think we’ll tolerate 70s chaos – Janet Daley, The Sunday Telegraph

Strikes 2) Labour joins ‘bullyboy’ Health Secretary in war against ‘hostile’ health unions

“Labour’s shadow health secretary has joined ‘bullyboy’ Steve Barclay in hitting out at ‘hostile’ health unions as he promised to take on ‘vested interests’ to reform the NHS. Wes Streeting targeted the BMA trade union, which represents doctors and medical students, as he urged his party colleagues to see the NHS as a ‘service not a shrine’. It follows Health Secretary Steve Barclay who slammed NHS unions on Saturday night after he allegedly failed to agree to negotiations on pay which could have seen a pause to strikes and saved 15,000 operations from being cancelled. The Royal College of Nursing had offered to ‘press pause’ on planned strike action if Mr Barclay agrees to negotiate properly on pay, amid fears that the winter walkouts will cripple an already struggling NHS.” – The Mail on Sunday

  • Streeting says NHS must ‘reform or die’ – The Sunday Telegraph
  • Health unions ‘offer to pause’ NHS strikes if the Government joins pay talks – The Observer
  • Tell union leaders not to coordinate strikes, Tories ‘urge’ Starmer – The Sunday Telegraph
  • NHS patients to be sent to private hospitals for treatment as nurses strike – The Sunday Telegraph
  • Starmer must get touch with militant unions causing misery for millions if he wants to be Prime Minister – Ian Austin, The Sun on Sunday

Ministers ‘hold out’ against proposal on reporting hospitality in new MPs’ code

“Rishi Sunak’s government is expected to accept most of a proposed new code of conduct for MPs after the Owen Paterson scandal but has rejected the idea that ministers should declare more details about free hospitality from lobbyists and companies. MPs will debate the proposals put forward by the standards committee on Monday, with Penny Mordaunt, the leader of the House of Commons, likely to accept 18 of the 20 recommendations. Key measures include tightening the rules on lobbying to stop MPs providing paid parliamentary advice, consultancy or strategy. However… the government is holding out against a proposal to ask ministers to register with parliament any hospitality provided by third parties worth more than £300 within 28 days…” – The Guardian

Truss ‘still thinks Trussonomics was right’ and she is ‘selling her message in America’…

“If Liz Truss had still been prime minister she would have been in Montreal this week, attending Cop15 — the international summit to preserve biodiversity. The less glamorous cousin of Cop27 — the climate change summit — is not usually attended by world leaders. But Truss had been planning to call in favours with Emmanuel Macron and Justin Trudeau to up the world leader count…Instead, Truss was last week pictured on Twitter sitting alone in a coffee shop in Washington, where she attended the IDU Forum, a summit of global conservatives. She was invited by Stephen Harper, a former prime minister of Canada. There were no Truss speeches or formal engagements, just a series of networking meetings with others, some of whom have also been ejected from office.” – The Sunday Times

  • ‘I haven’t lost the war’ she reportedly claims, as she turns to the United States – Sunday Express

…as Kwarteng admits he ‘got carried away’ writing his mini-Budget

“Kwasi Kwarteng has admitted he and Liz Truss “got carried away” when they wrote the disastrous mini-budget that led to both of them leaving their jobs just weeks after they entered Downing Street. Kwarteng announced a raft of tax cuts without any reduction in spending in September, which led to the pound crashing against the dollar, pension funds nearly collapsing, a £65bn Bank of England bailout, soaring mortgage costs, and the cost of government borrowing increasing. He also said he would remove the cap on bankers’ bonuses. The MP for Spelthorne, who was sacked by Truss after 38 days, has now said that the then prime minister and her team had lost perspective on the budget and its political or financial consequences.” – The Guardian

Cruddas backing new Tory movement aiming to ‘take back control’ of the party

A billionaire Conservative donor is backing a new movement so grassroots Tories can “take back control” of the party following the ousting of Boris Johnson and Liz Truss. The move by Lord Cruddas comes after Tory MPs put Rishi Sunak in No 10 without a ballot of ordinary members. The new Conservative Democratic Organisation has already been compared to Momentum – the Labour group that helped Left-wingers secure their grip on the party during the Jeremy Corbyn years. According to the campaign, rank-and-file Tories feel they are held in “utter contempt by party leaders” and that “their views count for nothing”. The CDO will fight for a raft of reforms to “restore democracy” in the party and steer it “back to the centre-right”.” – Sunday Express

Frost ‘could stand’ as a Conservative MP at the next election…’ahead of a possible leadership bid’

“Former Brexit Minister Lord Frost is considering standing as a Conservative candidate at the next General Election – ahead of a possible leadership bid if the Tories lose to Sir Keir Starmer. Friends of the peer who dramatically quit last year – criticising restrictions to try to contain Covid – say that he has alerted Tory headquarters to his interest in becoming an MP. A source said: ‘If he does stand, it will be because he thinks he has a chance to lead the party at some point.’ A Friend added: ‘Frosty has indicated his interest in standing next time and had a couple of conversations with people in the party. He will consider whether it is a runner in the New Year. When he quit a year ago, he cited concern over the ‘direction of travel’ under Boris Johnson…” – The Mail on Sunday

Hancock ‘plans new career in serious documentaries’

“Matt Hancock is planning a series of “serious documentaries” on assisted dying and dyslexia in his life after public office, The Telegraph understands. Allies of the former health secretary said he believes he should put his public platform to good use and educate the public about political issues after his appearances on reality TV shows. Mr Hancock last week announced that he plans to stand down from Parliament at the next election, telling Rishi Sunak he had “discovered a whole world of possibilities” outside Westminster, including “new ways … to communicate with people of all ages and from all backgrounds”. He is understood to have received offers from major broadcasters and is considering a new career as a documentary presenter.” – The Sunday Telegraph

The Bank of England ‘set to spoil the festive mood’ with another interest rate rise

“Bank of England officials are expected to take their foot off the accelerator when they meet this week to decide by how much the cost of borrowing should increase. The prospect of a year-long recession that will hit living standards, cut business investment and damage the long-term productive capacity of the British economy might have made them think twice about any increase at all, but the betting in the financial markets is that a 0.5-percentage-point rise on Thursday looks certain. At the central bank’s monetary policy committee (MPC) meeting last month, interest rates were pushed up by 0.75 percentage points to 3%, so this week’s rise will probably rate as a more modest twist of the knife for mortgage holders.” – The Observer

Daniel Hannan: First Gordon Brown broke the constitution – now he wants to see it burn

“Gordon Brown is as constant and unchanging as a slab of Grampian granite. Whatever the problem, his solution is always the same: more regulators, more politicians, more money. His proposals for constitutional reform (which we should take seriously, since the latest poll shows Labour 27 points ahead) are a rehash of the reforms he oversaw in the late 1990s. In essence, he wants politics professionalised, formalised and invigilated. That approach was not exactly a roaring success the first time around. Paying councillors did not improve the quality of local government. Scottish devolution did not, as George Robertson had promised in 1995, “kill nationalism stone dead”. Outside regulators did not make MPs more honest…Yet, undeterred, Brown proposes more of the same.” – The Sunday Telegraph

  • Abandoning the reform agenda to Labour – Editorial, The Sunday Telegraph
  • Starmer huffs and puffs for the centre ground, but he isn’t going to find many voters there – Rod Liddle, The Sunday Times

News in Brief:

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How German It Is: Sentences Suspended for Tormenting a Young Jewish Man

After the Allies had held the Nuremberg War Crimes Trials, they engaged in increasingly half-hearted attempts at “denazification” which somehow allowed the full panoply of Nazi judges not just to escape punishment, but to remain on the job. And many Nazi-era industrialists, academics, and scientists who had been enthusiastic Nazis nonetheless also ‘scaped whipping, they had little to fear from fellow Germans once those pesky victorious Allies – the U.S., Great Britain, and France – had left, for while those Allies actually believed that Nazi war criminals would be properly punished by the courts of West Germany, the Germans had other ideas. And in some cases, sentences that had been handed down by Allied courts were soon commuted by the Allies themselves.

Take, for example, the war criminal Alfred Krupp, who eagerly employed slave labor in his factories, most of them Jews, who in some cases were “borrowed” from Auschwitz and often worked to death. Offered the chance to employ Germans for some of the work in his factories, he turned the offer down, preferring to have a workforce consisting entirely of slave labor. Krupp worked closely with the SS, which controlled the concentration camps from which forced labor was obtained. In a letter dated 7 September 1943, he wrote: “As regards the cooperation of our technical office in Breslau, I can only say that between that office and Auschwitz the closest understanding exists and is guaranteed for the future.” According to one of his own employees, even when it was clear that the war was lost: “Krupp considered it a duty to make 520 Jewish girls, some of them little more than children, work under the most brutal conditions in the heart of the concern, in Essen.”

The Allies put Krupp on trial just after the war as a war criminal. He of course tried to paint himself as someone uninvolved in politics; he was just a simple factory owner, an innocent businessman trying to keep afloat in trying times. Until the end of his life, he denied all guilt. At his trial in 1947, he stated:

“The economy needed a steady or growing development. Because of the rivalries between the many political parties in Germany and the general disorder there was no opportunity for prosperity. … We thought that Hitler would give us such a healthy environment. Indeed he did do that. … We Krupps never cared much about [political] ideas. We only wanted a system that worked well and allowed us to work unhindered. Politics is not our business.”

Indeed, the Krupp holdings did flourish under the Nazi regime. According to conservative estimates, the Krupp enterprises used nearly 100,000 persons in the slave labor program. Yes, for Krupp “the system [of slave laborers] worked well.”

Many, knowing that he worked many of those slave laborers to death, thought he deserved capital punishment or, at the very least, a life sentence. Instead, he was given a sentence by Allied judges of only twelve years. And in the end, he remained in prison for only three years.

John J. McCloy intervened, and in 1951 reduced Krupp’s sentence to three years. McCloy was at the time the High Commissioner for Germany, and possibly the very worst person to be in that job. It was clear from his actions that McCloy was full of sympathy for the conquered Germans, including some of the worst war criminals, while he had no sympathy at all for the Jews whom they had murdered. No wonder Die Zeit called him “the conscience of America.” He was post-war Germany’s favorite, because most morally corrupt, American. It was McCloy who, as Deputy Secretary of War, had prevented the rail lines to Auschwitz from being bombed by American planes, which might have saved hundreds of thousands of Jewish lives.

McCloy approved the commutation of the sentences of many convicted war criminals. Among them were the industrialists Friedrich Flick, Alfred Krupp, and Einsatzgruppe commander (and mass murderer) Martin Sandberger, a particularly vicious SS man who lived to the quite unnecessary age of 98. McCloy granted the restitution of Krupp’s entire property, and commuted Krupp’s sentence to three years, which in 1951 meant time served. He commuted the sentence of Ernst von Weizsäcker. Another commutation handed down was for Edmund Veesenmayer, who played a role in mass deportations. The West German public was not satisfied even with this. Hundreds of thousands of them turned out to protest – protest! – that other war criminals had not received similar commutations.

Krupp served three years of his 12-year sentence, after which McCloy allowed him to go free, and to keep all of the property he was supposed to forfeit – property made more valuable by his use of 100,000 slave laborers during the war.

Just to make absolutely sure there would be no further executions of Nazi war criminals, in 1949, the West German government passed a law prohibiting capital punishment. It was, in effect, a way to prevent hundreds of thousands of people involved in mass murder of Jews, prisoners of war, and Resistance fighters all over Europe from ever receiving the punishment they deserved.

Such indulgence brings us to the recent story of three German men who, found guilty of having repeatedly whipped, beaten, and insulted a Jewish man, were nonetheless received suspended sentences. That story is here: “German Elite Fraternity Students Responsible for Antisemitic Assault Receive Suspended Sentences,” by Ben Cohen, Algemeiner, December 8, 2022:

Three German students from an elite fraternity who were charged with beating a Jewish student and subjecting him to antisemitic insults have been handed suspended sentences by a court in the city of Heidelberg.

The three convicted individuals — who all received suspended sentences of eight months and no financial penalties in Thursday’s court verdict — were members the right-wing nationalist Normannia student fraternity. A fourth member of the group accused of involvement in the assault was acquitted.

The incident occurred at a party at the Normannia fraternity’s mansion at the University of Heidelberg on Aug. 29, 2020. A 25-year-old student in attendance who spoke about his Jewish ancestry was berated with antisemitic abuse, whipped with belts and pelted with metal coins by the four assailants.

These students at what is described as “an elite German university fraternity” regularly greeted each other with the words “Heil Hitler” and used the word “Jew” as a pejorative, according to one of the fraternity’s former members, Karl Stockmann, in an article he published in the German newsmagazine Der Spiegel. That disenchanted former member of the fraternity described the antisemitism and glorification of Germany’s Nazi past that prevailed at the Normannia fraternity. He left the group, “repulsed” by the behavior of fellow members of the fraternity, citing as an example their habit of drinking heavily while listening to recordings of Hitler’s speeches.

Almost every day, somebody greeted me with ‘Heil Hitler,’” Stockmann revealed.

Stockmann stressed that the attack on the Jewish student at the fraternity party could not be regarded as an isolated incident.

“When I was at Normannia, the word ‘Jew’ was considered a common swear word in the mansion, comparable to ‘asshole’ or ‘motherf*****,’” he said.

Another commonly-heard slogan was, “We are Hitler’s people, then and now,” Stockmann said.

During the trial, the defendants insisted that the assault on the Jewish student had been light-heartedly intended, claiming as well that the victim knew in advance that the practice of “belting” [i.e., whipping with belts]was a fraternity tradition he might be subjected to at the party, according to German media outlets.

The assault was “light-heartedly intended.” Yes, think of just how light-hearted that victim must have felt as he was beaten with belts, pelted with metal coins, and constantly insulted as “a Jew.” All in good fun, or so his three tormentors claimed. What spoilsports these Jews are –can’t they take a little light-hearted fun without making a big deal about it? Always complaining, never willing to join in the merriment. No wonder no one likes them.

Judge Nicole Bargatzky demurred, however, stating that “from fun to bitter seriousness, [the victim] was placed in a corner as a Jew.”

During the proceedings, investigators complained about a “wall of silence” from witnesses who were at the party, with many claiming they were too inebriated to remember clearly what had happened, German broadcaster SWR reported. Lawyers for the accused asserted that while the students on trial had engaged in an “inexcusable act” triggered by a “toxic mixture of worldview and drunkenness,” the lack of reliable witnesses meant that it was impossible to determine who was responsible for the assault.

For god’s sake, all three students were involved in tormenting “the Jew.” It hardly matters which ones took part in whipping him, or who joined in the general hilarity of throwing metal objects at him, or who forced him to stay in a corner to be beaten while everyone watched with amusement; they were all participants, all guilty of this atrocity.

Yet the German court did not punish them for those activities that they engaged in, as they claimed, so “light-heartedly.” They received suspended sentences of eight months. No jail time. No fines for those students, who loved to listen to recordings of Hitler’s speeches, to talk of “motherf***ing Jews,” and proclaim “we are Hitler’s people, then and now.” No justice for “the Jew” they had tormented from this court in Heidelberg. Would it be wrong to draw a line connecting this latest miscarriage of justice, and what went on in German courts after the war, when no war criminals faced the death penalty, and sentences that previously were handed down by Allied courts were so often commuted?

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Week-in-Review: Starmer’s newfound boldness shows British politics is in the endgame – Politics.co.uk

Upon becoming Labour leader in 2020, Sir Keir Starmer was characterised as a shifty managerialist by prime minster Boris Johnson. The man in the mask, sat all alone on the frontbench opposite, was a lawyerly naysayer — someone whose career would forever be stained by his resistance to Brexit and for whom “fence-sitting” was not only strategical, but deeply ingrained in his political psyche.

He was “captain hindsight” by name, opportunist by nature. A technocrat leading an unreformed, unreformable party.

Starmer initially showed little political will to try and counter this characterisation. In fact, throughout Johnson’s premiership, the Labour leader stuck to a strict script: he would project competence in the hope that his self-contained professionalism would provide a reassuring contrast with Johnson’s showier, more chaotic style.

So when it became clear that Johnson’s tenure as PM was over, commentators questioned whether the Labour leader’s protean positioning would play against a more measured opponent. For Johnson was the prism through which Starmer constructed his political appeal. And like most in 2020, the Labour leader figured that Conservative regicide with an 80-seat majority was unforeseeable. 

In this sense, Liz Truss was not only Boris Johnson’s preferred heiress but Keir Starmer’s. Under Truss, Starmer did not need an image change — her’s was a premiership of Johnsonite chaos minus-the-style: an untenable hybridity.  

Sunak’s strategy 

On 25 October 2022, Sunak was coronated as prime minister. His pitch over the summer had been that it was he who Labour truly feared. As prime minister, he would bring integrity and competence to the role, eating into Starmer’s “soft” polling advantage.   

In some striking ways, Sunak and Starmer are similar politicians. Both entered parliament in 2015, both have technocratic instincts and both present as Mensheviks, pursuing the revolution gradually. Like Starmer’s struggle in 2020, Sunak’s task since October has been to clear up after an unrealistic predecessor, restoring electability and fiscal credibility.

In turn, the political stakes have notched higher. With Conservative strategists earmarking the winter of 2024 as the most likely date for the next general election, Starmer knows he needs to ensure that his polling advantage is not merely “soft”. 

Professionalism with a purpose

There is no doubt that as an instinctively cautious politician, spontaneity is not Starmer’s strong suit. 

In some senses, the publication of Gordon Brown’s “Report on the Commission of the UK’s future”, gestated over two years, is further proof of this. But Brown’s proposals, notwithstanding reports of last-minute attenuations, surprised many with their radicalism. 

To the shock of the Westminster hive mind, Starmer was going off-brand. 

The former prime minister set out 40 recommendations for constitutional change in the UK, covering rights, devolution within England, devolution to Scotland, Wales and Northern Ireland, intergovernmental cooperation and House of Lords abolition. All proposals contribute to the report’s big overarching argument: that the UK’s highly centralised state and its economic stagnation are linked.

In pursuing constitutional reform, Starmer knew he was greatly enlarging his infamously “small target”. Duly, the Conservative party’s lead attack dog, Lord David Frost, took aim in Thursday’s edition of The Telegraph:

Starmer’s plan would finish the UK as a unitary state and turn it into a “Union of Nations”. There would be a “Council of the Nations and Regions” to regulate co-operation between “the UK’s different governments”. Scotland would be able to run its own foreign policy by concluding its own international treaties, including with the EU. And the Supreme Court would settle any difficulties within Britain’s new Napoleonic system of governance.

But Frost’s political point here is a difficult sell. The Conservative party have spent the last two years castigating “captain hindsight’s” lawyerly conscientiousness and dull fence-sitting. How can he now be a Jacobin agitator? 

It is also the case that the report’s key message, that political centralisation and economic stagnation are linked, is the underlying mission statement of the government’s own levelling up bill.

In fact, the Brown review was as all about stealing the government’s thunder on levelling up.

It saw Labour retreat from the progressive comfort zone of the big city and reconnect with the political priorities of Britain’s small towns and working class heartlands.

And in abandoning the path of least resistance so dramatically, it signals a significant strategical switch-up from Starmer.

Trading in the endgame

As this article has stated, Sunak’s greatest challenge to Labour was his perceived competency — territory Starmer had owned under Johnson. So, in response, the Labour Party is choosing to make inroads into the Conservative vision, challenging the party’s thought leadership on levelling up.  

It also helps that Sunak’s reputation for “delivery” is under concerted challenge from within his own party. The prime minister, who showed such courage in standing up to his party over Trussonomics, has already accumulated a long list of U-turns during his short time in office. Just this week, the government backed-down on housing targets and backtracked on onshore wind.

This is a gift for Labour, who can paint their leader as strong and accuse Sunak of weakness. It is an obvious attack line for Starmer, who branded Sunak the “blancmange Prime Minister” at PMQs this week. As we edge closer to the 2024 general election, expect such assaults to intensify.

Make no mistake about it: we are in the endgame now. That Starmer has put his hindsight-heavy, policy-light days behind him is as clear a signal as any. 

Boldness does not come naturally to the Labour leader — but it is the perfect response to Sunak’s stumbling start. 



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We Made The AI Write Stephen Miller’s Dutiful Prince Hallmark Movie, Because F*ck It, Whatever

Stephen Miller, Donald Trump’s former Obersturmbannführer for immigration, has been very upset about Royal People who are a great disappointment to him. We guess that’s a Serious Concern on the Weird Right lately, what with the new Netflix docu-series about Prince Harry and Meghan Markle that I literally just heard of while writing this story. Miller took a Twitter Break Thursday from ranting about the need to deport all the Dreamers, so he could cry about how sad it was that Harry had betrayed whiteness his royal heritage, and for what? To be the Half-Woke Prince?

Prince Harry’s evident disdain for his own family, the extraordinary gift and responsibility of Royal birth, and the ancient rites of his own Kingdom, is a dramatic public illustration of the chronic ideological disease that compels the elites of civilization to turn against it.

You know it’s a Nazi when they start talking about “ideological disease.” In this case, the “disease” appears to be the fact that Harry and Meghan discuss the racism they’ve faced, including in their own family. How declassé!

So NOW we know what was bugging him earlier in the morning, when he twote this suggestion for improving America’s media landscape with an entertainment that would both amuse and enlighten. Such wholesome themes!

Hallmark should make a movie about the royal prince of a fictional European monarchy who decides to marry based on the best interests of family and nation, selflessly fulfilling his patriotic duty as future sovereign.

Sounds enthralling, doesn’t it? Like that line from “The West Wing” where John Larroquette is talking about Gilbert and Sullivan and trying to remember what play a line is from: “One of the ones about duty,” and Ainsley, the earnest aide played by Emily Procter, shoots back “They’re all about duty. And it’s from Pinafore.”

Only Miller’s wouldn’t rhyme or be any fun, so scratch that comparison.


Still, we were up for a very slight challenge and we’d been looking for an excuse to try out the new “ChatGPT” AI toy from OpenAI, which has been all the rage for about five minutes because it’s pretty good at generating text that sounds plausible, if repetitive after a very short while. (If you want to play with it, you’ll need to create a free account.)

So we decided to fulfill Stephen Miller’s Christmas TV Movie wish, since it hardly took any effort on our part. Here’s our first try, with the prompt “write a script for a Hallmark movie about the royal prince of a fictional European monarchy who decides to marry based on the best interests of family and nation, selflessly fulfilling his patriotic duty as future sovereign.”

First Try: ‘Duty And Love’

The Royal Prince, David, sat in his chambers, staring at the piles of letters on his desk. As the future Sovereign of the Kingdom of Arcadia, it was his duty to choose a bride. But he was not just looking for a wife, he was looking for someone who could help him lead the kingdom into a brighter future.

David sighed and reached for a letter, reading through it quickly. He had received countless proposals from noblewomen across Europe, each one more eager than the last to marry the prince and become the future Queen of Arcadia. But David knew that he could not simply marry for love, he had to marry for the good of the kingdom.

As he read through the letters, he thought about the many challenges facing Arcadia. The kingdom was struggling economically, and tensions with its neighbors were growing. David knew that he needed a strong, intelligent, and capable partner to help him navigate these challenges and secure a prosperous future for the kingdom.

Finally, after much contemplation, David made his decision. He summoned his advisor and announced that he had chosen to marry Lady Elizabeth, the daughter of a powerful Duke from a neighboring kingdom. The marriage would not only be beneficial for Arcadia, but it would also strengthen the alliance between the two kingdoms and help to secure peace in the region.

The royal wedding was a grand affair, with people from across Europe coming to witness the union of Prince David and Lady Elizabeth. As they exchanged vows, David felt a sense of duty and responsibility, knowing that he was not just marrying for himself, but for the good of the kingdom.

But despite the practical nature of their marriage, David and Elizabeth soon found that they had a deep connection and genuine love for each other. As they worked together to lead Arcadia into a brighter future, they realized that their union was not just a political arrangement, but a true partnership of love and duty.

Rebecca, in the ChatCave, with a revolver: “Well, it was fast, but it’s not a movie script. STUPID AI!!!!!” I tweaked the prompt a bit, asking the bot to write a script, with dialogue, for a single scene from Miller’s ideal movie, and it spat out a perfectly adequate but bland conversation between another prince (Charles this time) and his loyal butler Jenkins, also about marrying for the good of the kingdom and how wise that is.

Finally I hit on what was needed: “Write a script, with dialogue, for a pivotal love scene from a Hallmark movie,” etc.

Readers, prepare to be swept off your romantic dutiful feet.

Third Try: Talk Duty To Me, Baby

(Fine, that is Dok’s title because he wants to stay ahead of the Machines)

Narrator: Prince Richard stood at the edge of the balcony, overlooking the bustling city below. As the future king of his small European nation, he had always known that his marriage would be a strategic political alliance. But now, as the day of his arranged marriage approached, he found himself struggling with the weight of his duty.

Prince Richard: (to himself) How can I marry someone I do not love? Is it selfish to want to marry for love, rather than for the good of my country?

Narrator: Just then, the door to the balcony opened and his betrothed, Princess Sophia, stepped out to join him.

Princess Sophia: (approaching Prince Richard) My lord, I did not expect to find you out here.

Prince Richard: (turning to Princess Sophia) Forgive me, Princess. I was just taking in the view.

Princess Sophia: (smiling) It is a beautiful city, is it not?

Prince Richard: (nodding) Indeed. It is my home, and I love it dearly. But sometimes, I cannot help but wonder if I am making the right decision.

Princess Sophia: (surprised) What do you mean, my lord?

Prince Richard: (sighing) My marriage to you is an arrangement, a political alliance for the good of our nations. But is that truly what I want?

Princess Sophia: (pausing, then taking Prince Richard’s hand) My lord, I too have always known that our marriage was for the good of our countries. But over the past few months, I have come to care for you deeply. I know that we may not have the kind of love that is written about in fairy tales, but I believe that with time and effort, we can build a strong and loving marriage.

Prince Richard: (squeezing Princess Sophia’s hand) You are wise beyond your years, Princess. I have been so caught up in my own doubts that I did not see how much you have come to mean to me. I will marry you, not out of a sense of duty, but because I want to be with you.

Narrator: And so, Prince Richard and Princess Sophia entered into their marriage with love in their hearts, knowing that they would face the challenges of ruling their nations together, hand in hand.

Princess Sophia: Hey! Let’s take some immigrant children from their parents!

Prince Richard: NOW you’re talkin’, toots!

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Loyalists feeling “abandoned” and “extremely left behind.”

Ulster loyalism is in crisis – but then when in recent years has it not been in crisis? Opinion in working class and rural areas has hardened against the Northern Ireland Protocol, which has given DUP leader Sir Jeffrey Donaldson little room to manoeuvre when – and it will be when – the British government under its new more pragmatic leader Rishi Sunak reaches agreement with the EU on reforming that controversial instrument. So we’re heading towards one more climbdown for unionism, even if ways may be found to dress it up so that Donaldson can claim credit for some changes.

Since the May Assembly elections the aggressive rhetoric between Sinn Fein and the DUP, stilled for several years as they sought to share government together, has returned. “We’ve lost our way. We’ve lost sight of the core element of the Good Friday Agreement. That was the duty of partnership, to find an outcome that everyone in Northern Ireland could live with,” says a senior diplomat who was involved in the negotiations leading to that historic accord. “Now we are miles away from the search for accommodation, let alone movement towards a reconciled society – we’re back to the aggressive articulation of single identity narratives. The unionists take a highly partisan, single identity position on the Protocol, as if the other community didn’t exist. Similarly Sinn Fein and Ireland’s Future push forward to a united Ireland as if the unionist community didn’t exist. Ireland’s Future’s message seems to be that the unity train is now leaving the station and if you want to be on it, you can, but if you don’t, it’s leaving anyway. For all their ‘new Ireland’ talk, Sinn Fein and Ireland’s Future have done little or no work with unionism. Their leaders have forgotten about the highly volatile nature of Northern politics and about the virus of political violence. Is it dormant or will it flare again? Nobody knows.”

The most likely source of that violence at the moment is paramilitary loyalism. The loyalist community – and I mean by this largely urban and to a lesser extent rural working class unionists – feel abandoned and betrayed both by the British Government and by their traditional leaders. The visionary Northern business leader, Sir George Quigley – who knew the community well, having overseen the decommissioning of loyalist paramilitary weapons – wrote as long ago as 2009 about “the need to find a place for unarmed loyalism. I believe a signal mistake of the peace process was to leave loyalism largely on the sidelines instead of integrating it into the mainstream of issues requiring resolution. Loyalist leaders who are now seeking to manage a process of transformation need to be supported and absorbed further into the political apparatus of democratic practice in Northern Ireland, not left outside it or treated as incidental to it.” This is what happened on the republican side as the two governments ushered Sinn Fein into the political mainstream in the 10-15 years up to 2007.

There were some good loyalist leaders – although not many – in that period. The tragically early death of David Ervine robbed the community of a charismatic, common sense, left-of-centre champion. As he once quipped: “I don’t want to wake up every morning and ask myself ‘Am I British or Irish? I want to think ‘Am I late for work?’

And there were good loyalist initiatives. The UDA-supported Conflict Transformation Initiative (CTI) in 2007-2010 aimed to equip members and supporters of that organisation with the skills to contribute to the end of all paramilitary activity, reduction of crime and an environment where paramilitary violence would not be a viable option. As Gerald Solinas of Farset Community Enterprises, the well-regarded community organisation that administered the CTI, said: “If you asked me would I give one million pounds to the UDA, I would say no, as would most people. But if you asked would you give money to help Northern Ireland’s most socially deprived areas, reduce interface violence, promote education and youth development, then most people would say yes”. Unfortunately the SDLP’s then Social Development Minister Margaret Ritchie tried to withdraw all funding from the CTI (a decision that was ultimately overturned by the courts). Solinas said the problem was that “Loyalist communities were already suspicious of the political institutions and this decision just reinforces that Stormont had nothing to offer them. It’s going to take a lot of hard work to reverse that belief.”

Then there was Northern Ireland Alternatives (now Alternatives/Restorative Justice), a community-based restorative justice initiative developed and supported by former UVF and Red Hand Commando members. This has been a big success under its director Debbie Watters. It has been estimated that NIA prevented over 90% of potential paramilitary punishment attacks in recent years (and it should be remembered that in the 25 years up to 1998 around 4,000 people were victims of paramilitary punishment shootings and beatings). NI Alternatives has been involved in a myriad of programmes to support young people involved in anti-social behaviour, crime prevention, cultural awareness and mediation and restorative practices. “Such projects have made a significant contribution to lowering levels of punishment violence in the communities in which they have operated; have contributed to changing attitudes towards violence in such communities; have enhanced the capacity of local communities to take ownership of local justice issues, and to develop the self-confidence for partnership with statutory agencies”, says Professor Peter Shirlow, the sociologist who heads the Institute of Irish Studies at Liverpool University, and is himself from a working class Belfast Protestant background.1

But overall morale in loyalist communities is now low. Unlike Sinn Fein, there was never any prospect of the small parties which emerged out of the paramilitaries – the Progressive Unionist Party out of the UVF and the Ulster Democratic Party out of the UDA – gaining political power. Respectable working class unionists simply don’t vote for people formerly connected to paramilitaries (in the words of one former mid-Ulster UVF man: “Prods are different; they just don’t like the violence thing unless you’re wearing a uniform.”) The involvement of some elements – such as the UVF in East Belfast – in drugs and criminality did not help. So the more progressive and political strands in loyalism never had any real means of moving away from violence into politics. In many cases the older men who ran the paramilitaries in the 1980s and 1990s still lead them, but have nowhere obvious to go.

So they (or their younger counterparts) are reduced to the kind of sabre-rattling gestures that saw Irish Minister for Foreign Affairs Simon Coveney forced to abandon a meeting in north Belfast last March because of a hoax UVF bomb alert, and reports last month – dismissed by the PSNI – that there were plans to attack Dublin following some politicians (notably Mary Lou McDonald) talking up possible joint authority if the Northern institutions were not restored. David Campbell, chair of the paramilitaries’ umbrella body, the Loyalist Communities Council (LCC), said that joint authority would mean the 1994 loyalist ceasefires “could in no way be further guaranteed.”

The politicians often don’t help in these situations. In 2015 the formation of the Loyalist Communities Council was a well-meaning initiative backed by Tony Blair’s former advisor Jonathan Powell to ensure that the paramilitaries were not left behind politically. But they have no electoral mandate and under the chairmanship of Campbell (an unlikely spokesman as a prosperous County Antrim farmer and David Trimble’s former chief of staff) they have become unreflecting and reactionary. When Brexit Minister David Frost and Northern Ireland Secretary Brandon Lewis met the LCC last year and reported back on their meeting to the Northern Ireland Committee at Westminster, they gave them – and the loyalist paramilitaries behind them – credibility they did not deserve. [A comparable démarche on the other side – giving unwanted credibility to republican paramilitaries – was then Taoiseach Leo Varadkar showing EU leaders at a 2018 meeting in Brussels an Irish Times report on the killing of nine people in an IRA bomb on the border in 1972 in order to warn them of resumed violence if a hard Irish border was the outcome of Brexit. Even some of his own aides thought that was wrong.]

These ‘Faustian pacts’ between politicians and paramilitaries are a feature of Northern Irish politics and Irish history. Loyalist paramilitary leaders say the DUP don’t want them to go away since the threat they pose is a useful bargaining tool, and regular meetings between politicians like Jeffrey Donaldson and Ian Paisley junior with the LCC seem to bear this out.

Successive Northern Ireland Executives have been promising to end paramilitarism “once and for all” ever since the 2015 Fresh Start agreement. They developed a three track approach combining policing, tackling disadvantage in deprived loyalist and republican areas and engagement with the paramilitary groups themselves to bring about their disbandment. Unfortunately the second and third of these tracks have been largely ineffective, with engagement with the groups particularly lacking traction (partly because of NI civil servants reluctance to ‘operationalise’ it). The 2022 report of the Independent Reporting Commission, set up by the two governments to report on progress towards ending paramilitarism and the NI Executive’s efforts to achieve this, warned that “paramilitarism remains a clear and present danger in and for Northern Ireland.” It urged “the redoubling of efforts in the coming year” and “a process of engagement with paramilitary groups themselves with a view to group transition and disbandment”; also the appointment of a reputable “independent person” to speak to the paramilitaries.

The great majority of people involved in loyalist paramilitaries during the Troubles have now left the stage or have morphed into criminal gangs. The PSNI estimate that there are still around 17,000 people – most of them young men – available for the UDA and UVF’s commemorations and ‘shows of strength’. However police sources stress that such a figure is relatively meaningless, since few if any are involved in paramilitary activity and members of these ‘supporters clubs’ usually find it difficult, once recruited, to “buy their way out” (if they fail to pay their annual subscription, they may be beaten up). These young people, often poorly educated and with little hope of satisfying and well-paid jobs, have been told repeatedly by their political and community leaders to focus on their defensive ‘single identity’ as Protestants and unionists. They have little to do with, and little concept of the need for a shared society with, their Catholic nationalist fellow-citizens.

One knowledgeable observer summed up the loyalist dilemma as follows: “Their British unionist identity is the totality of their lives; they are frightened of the loss of Protestant identity in a future united Ireland; they are terrified of the triumphalism of Sinn Fein; they don’t trust the UK government; and so they focus on the psychology of nostalgia, for example honouring the dead of the First World War.”

At some point in the future, if the politicians get things wrong, these unfortunate young loyalists may form a kind of reserve army for use in unionism’s last stand against Irish unity. But for the moment – as one Belfast Sinn Feiner put it – “This is a great time to be a republican, but not such a great time to be a loyalist.”

At a Shared Island conference in Dublin earlier this week, I listened to that astute commentator Professor Duncan Morrow of the University of Ulster (and former head of the NI Community Relations Council) talking about loyalists feeling “abandoned” and “extremely left behind.” That is one reason why the Irish government’s non-threatening Shared Island concept was so important, he went on, because after the seemingly perpetual crisis of Northern Ireland over the past 50 years, what we need now is to work towards “perpetual reconciliation… A hundred years of partition will have a hundred years of consequences.” (I will come back to the Shared Island initiative in my next blog).

1 The End of Ulster Loyalism?, pp.140-147

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