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Why the British High Court decision will not derail Brexit

The High Court Judgment does not mean Britain is not going to Brexit. What it means is that because the British Parliament must be consulted Britain may have finally have a proper debate about the sort of Brexit it wants.

Alexander Mercouris

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The British High Court’s ruling that the British government must consult the British Parliament before invoking Article 50 and triggering the Brexit process has convulsed the political scene in Britain with much lurid talk of a constitutional crisis.

The fear – or in the case of some people, the hope – appears to be that because most British MPs are known to have supported Remain, they will somehow use the opportunity of a parliamentary debate to derail the whole Brexit process.

I don’t share this view.  Though the legal and constitutional importance of the High Court’s Judgment cannot be overstated – and will be discussed by legal scholars for generations – I doubt that it will have the political consequences that some people think it will.

Adam Garrie for The Duran has carefully and thoroughly explained the background of the case and how it revolves around how the government was planning to use the Royal Prerogative – ie. its executive powers – to invoke the Article 50 process without consulting Parliament.

Briefly, the government intended to use the Royal Prerogative to invoke the Article 50 process.  Once it had negotiated Britain’s Brexit terms with the other EU states and the EU bureaucracy in Brussels, it then proposed to go to Parliament with legislation to repeal the European Communities Act 1972, which makes British law subordinate to EU law.

The High Court says that this is wrong, since by doing so the government is trying to tie Parliament’s hands, since the result of the negotiation process launched by Article 50 is inevitably a legally binding agreement with the EU for Brexit, which Parliament would not be able change to any important degree even if it wanted to. 

The High Court says that tying Parliament’s hands in this way is unconstitutional, since EU membership affects British citizens’ rights of which Parliament is the constitutional protector.  The High Court said that Parliament’s constitutional role to protect citizens’ rights cannot be ousted by the referendum – as the government sought to argue – since the referendum was purely consultative.

In my opinion this is a very well thought out and carefully considered Judgment delivered by three of the country’s top Judges.  Certainly I do not think this was a politicised Judgment intended to wreck the Brexit process. 

I do not have the constitutional law expertise to say whether this Judgment is right or wrong, or whether it will survive on appeal.  On balance I don’t agree with those who say this Judgment is appeal proof, but neither do I think that the Supreme Court will set it aside.

If the Judgment is upheld, then it will form part of a long succession of Judgments extending all the way back to the Seventeenth Century which define Parliament’s powers and its position in the British constitution. 

It will also set an important precedent for how Article 50 should be invoked in future by any other EU state which is also considering leaving the EU.  This is important since Article 50 has never been invoked before, and there has been great uncertainty about how the process involved in invoking it works.

What I doubt is that this Judgment will derail the Brexit process as some people think.

Though the British government will have to present legislation to the British Parliament in order to get the Article 50 process underway, I have no doubt it will be able to do this and to get this legislation passed when it does. 

Though it is true that most of the members of the British Parliament in the referendum supported Remain, the government has a majority in the House of Commons, and it would surely treat any refusal by Parliament to pass this legislation as a resigning matter. 

What that would mean is that it would threaten to call an election if the legislation were not passed, in which it would campaign as the government that was trying to carry out the will of the people as expressed in the referendum against a recalcitrant Labour opposition and any dissenting Conservatives intent on thwarting it.

With the government already far ahead in the opinion polls, that would create the conditions for a government victory by a landslide, resulting in a government and a Parliament even more committed to the ‘hard’ Brexit outcome than the one we have now.

I cannot imagine that even the most doctrinaire Remain supporters, whether in Parliament or outside it, would be unable to see this, and for that reason I expect the government to get its way.  Probably on especially contentious issues the Labour opposition will abstain after some sort of compromise is forged.

In passing, I also doubt that this Judgment will persuade Theresa May to call an early election, even though there are many Conservatives who want her to capitalise on the Conservative lead in the opinion polls by doing so.  She has consistently ruled out calling such an election, knowing that there is no reason for the moment to call one and that doing so would require a vote in Parliament, and I see no reason why the High Court’s Judgment should change her mind about this.

In my opinion the true political importance of this affair is not in its supposed ability to wreck the Brexit process.  Rather it is in the way it has again smoked Theresa May out.

The reason the government tried to cut Parliament out and sought to invoke Article 50 via the Royal Prerogative was not because it was afraid it might lose in Parliament.  It is – as Adam Garrie has rightly pointed out – because the government still has no plan for Brexit. 

Presenting legislation to Parliament requires the government to spell out such a plan.  That means that the game of obfuscation and delay that Theresa May has been indulging in ever since she became Prime Minister, in which she has tried to conceal her absence of ideas about Brexit by hiding behind the Royal Prerogative, can no longer work.

This is a completely good thing since finally it should make it possible for Britain to have the proper discussion about the sort of Brexit it wants that it sorely needs. 

In summary, this Judgment may be awkward for the politicians, but in my opinion the High Court has done everyone else – including those who support Brexit – a favour.

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Putin Keeps Cool and Averts WWIII as Israeli-French Gamble in Syria Backfires Spectacularly

Putin vowed that Russia would take extra precautions to protect its troops in Syria, saying these will be “the steps that everyone will notice.”

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Authored by Robert Bridge via The Strategic Culture Foundation:


By initiating an attack on the Syrian province of Latakia, home to the Russia-operated Khmeimim Air Base, Israel, France and the United States certainly understood they were flirting with disaster. Yet they went ahead with the operation anyways.

On the pretext that Iran was preparing to deliver a shipment of weapon production systems to Hezbollah in Lebanon, Israeli F-16s, backed by French missile launches in the Mediterranean, destroyed what is alleged to have been a Syrian Army ammunition depot.

What happened next is already well established: a Russian Il-20 reconnaissance aircraft, which the Israeli fighter jets had reportedly used for cover, was shot down by an S-200 surface-to-air missile system operated by the Syrian Army. Fifteen Russian servicemen perished in the incident, which could have been avoided had Israel provided more than just one-minute warning before the attack. As a result, chaos ensued.

Whether or not there is any truth to the claim that Iran was preparing to deliver weapon-making systems to Hezbollah in Lebanon is practically a moot point based on flawed logic. Conducting an attack against an ammunition depot in Syria – in the vicinity of Russia’s Khmeimim Air Base – to protect Israel doesn’t make much sense when the consequence of such “protective measures” could have been a conflagration on the scale of World War III. That would have been an unacceptable price to achieve such a limited objective, which could have been better accomplished with the assistance of Russia, as opposed to NATO-member France, for example. In any case, there is a so-called “de-confliction system” in place between Israel and Russia designed to prevent exactly this sort of episode from occurring.

And then there is the matter of the timing of the French-Israeli incursion.

Just hours before Israeli jets pounded the suspect Syrian ammunition storehouse, Putin and Turkish President Recep Erdogan were in Sochi hammering out the details on a plan to reduce civilian casualties as Russian and Syrian forces plan to retake Idlib province, the last remaining terrorist stronghold in the country. The plan envisioned the creation of a demilitarized buffer zone between government and rebel forces, with observatory units to enforce the agreement. In other words, it is designed to prevent exactly what Western observers have been fretting about, and that is unnecessary ‘collateral damage.’

So what do France and Israel do after a relative peace is declared, and an effective measure for reducing casualties? The cynically attack Syria, thus exposing those same Syrian civilians to the dangers of military conflict that Western capitals proclaim to be worried about.

Israel moves to ‘damage control’

Although Israel has taken the rare move of acknowledging its involvement in the Syrian attack, even expressing “sorrow” for the loss of Russian life, it insists that Damascus should be held responsible for the tragedy. That is a highly debatable argument.

By virtue of the fact that the French and Israeli forces were teaming up to attack the territory of a sovereign nation, thus forcing Syria to respond in self-defense, it is rather obvious where ultimate blame for the downed Russian plane lies.

“The blame for the downing of the Russian plane and the deaths of its crew members lies squarely on the Israeli side,” Russian Defense Minister Sergey Shoigu said. “The actions of the Israeli military were not in keeping with the spirit of the Russian-Israeli partnership, so we reserve the right to respond.”

Russian President Vladimir Putin, meanwhile, took admirable efforts to prevent the blame game from reaching the boiling point, telling reporters that the downing of the Russian aircraft was the result of “a chain of tragic circumstances, because the Israeli plane didn’t shoot down our jet.”

Nevertheless, following this extremely tempered and reserved remark, Putin vowed that Russia would take extra precautions to protect its troops in Syria, saying these will be “the steps that everyone will notice.”

Now there is much consternation in Israel that the IDF will soon find its freedom to conduct operations against targets in Syria greatly impaired. That’s because Russia, having just suffered a ‘friendly-fire’ incident from its own antiquated S-200 system, may now be more open to the idea of providing Syria with the more advanced S-300 air-defense system.

Earlier this year, Putin and Israeli Prime Minister Benjamin Netanyahu reached an agreement that prevented those advanced defensive weapons from being employed in the Syrian theater. That deal is now in serious jeopardy. In addition to other defensive measures, Russia could effectively create the conditions for a veritable no-fly zone across Western Syria in that it would simply become too risky for foreign aircraft to venture into the zone.

The entire situation, which certainly did not go off as planned, has forced Israel into damage control as they attempt to prevent their Russian counterparts from effectively shutting down Syria’s western border.

On Thursday, Israeli Major-General Amikam Norkin and Brigadier General Erez Maisel, as well as officers of the Intelligence and Operations directorates of the Israeli air force will pay an official visit to Moscow where they are expected to repeat their concerns of “continuous Iranian attempts to transfer strategic weapons to the Hezbollah terror organization and to establish an Iranian military presence in Syria.”

Moscow will certainly be asking their Israeli partners if it is justifiable to subject Russian servicemen to unacceptable levels of danger, up to and including death, in order to defend Israeli interests. It remains to be seen if the two sides can find, through the fog of war, an honest method for bringing an end to the Syria conflict, which would go far at relieving Israel’s concerns of Iranian influence in the region.

 

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This Man’s Incredible Story Proves Why Due Process Matters In The Kavanaugh Case

Accused of rape by a fellow student, Brian Banks accepted a plea deal and went to prison on his 18th birthday. Years later he was exonerated.

The Duran

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Authored by James Miller of The Political Insider:


Somewhere between the creation of the Magna Carta and now, leftists have forgotten why due process matters; and in some cases, such as that of Judge Brett Kavanaugh, they choose to outright ignore the judicial and civil rights put in place by the U.S. Constitution.

In this age of social media justice mobs, the accused are often convicted in the court of (liberal) public opinion long before any substantial evidence emerges to warrant an investigation or trial. This is certainly true for Kavanaugh. His accuser, Christine Blasey Ford, cannot recall the date of the alleged assault and has no supporting witnesses, yet law professors are ready to ruin his entire life and career. Not because they genuinely believe he’s guilty, but because he’s a pro-life Trump nominee for the Supreme Court.

It goes without saying: to “sink Kavanaugh even if” Ford’s allegation is untrue is unethical, unconstitutional, and undemocratic. He has a right to due process, and before liberals sharpen their pitchforks any further they would do well to remember what happened to Brian Banks.

In the summer of 2002, Banks was a highly recruited 16-year-old linebacker at Polytechnic High School in California with plans to play football on a full scholarship to the University of Southern California. However, those plans were destroyed when Banks’s classmate, Wanetta Gibson, claimed that Banks had dragged her into a stairway at their high school and raped her.

Gibson’s claim was false, but it was Banks’s word against hers. Banks had two options: go to trial and risk spending 41 years-to-life in prison, or take a plea deal that included five years in prison, five years probation, and registering as a sex offender. Banks accepted the plea deal under the counsel of his lawyer, who told him that he stood no chance at trial because the all-white jury would “automatically assume” he was guilty because he was a “big, black teenager.”

Gibson and her mother subsequently sued the Long Beach Unified School District and won a $1.5 million settlement. It wasn’t until nearly a decade later, long after Banks’s promising football career had already been tanked, that Gibson admitted she’d fabricated the entire story.

Following Gibson’s confession, Banks was exonerated with the help of the California Innocence Project. Hopeful to get his life back on track, he played for Las Vegas Locomotives of the now-defunct United Football League in 2012 and signed with the Atlanta Falcons in 2013. But while Banks finally received justice, he will never get back the years or the prospective pro football career that Gibson selfishly stole from him.

Banks’ story is timely, and it serves as a powerful warning to anyone too eager to condemn those accused of sexual assault. In fact, a film about Banks’s ordeal, Brian Banks, is set to premiere at the Los Angeles Film Festival next week.

Perhaps all the #MeToo Hollywood elites and their liberal friends should attend the screening – and keep Kavanaugh in their minds as they watch.

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Clinton-Yeltsin docs shine a light on why Deep State hates Putin (Video)

The Duran – News in Review – Episode 114.

Alex Christoforou

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Bill Clinton and America ruled over Russia and Boris Yeltsin during the 1990s. Yeltsin showed little love for Russia and more interest in keeping power, and pleasing the oligarchs around him.

Then came Vladimir Putin, and everything changed.

Nearly 600 pages of memos and transcripts, documenting personal exchanges and telephone conversations between Bill Clinton and Boris Yeltsin, were made public by the Clinton Presidential Library in Little Rock, Arkansas.

Dating from January 1993 to December 1999, the documents provide a historical account of a time when US relations with Russia were at their best, as Russia was at its weakest.

On September 8, 1999, weeks after promoting the head of the Russia’s top intelligence agency to the post of prime minister, Russian President Boris Yeltsin took a phone call from U.S. President Bill Clinton.

The new prime minister was unknown, rising to the top of the Federal Security Service only a year earlier.

Yeltsin wanted to reassure Clinton that Vladimir Putin was a “solid man.”

Yeltsin told Clinton….

“I would like to tell you about him so you will know what kind of man he is.”

“I found out he is a solid man who is kept well abreast of various subjects under his purview. At the same time, he is thorough and strong, very sociable. And he can easily have good relations and contact with people who are his partners. I am sure you will find him to be a highly qualified partner.”

The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss the nearly 600 pages of transcripts documenting the calls and personal conversations between then U.S. President Bill Clinton and Russian President Boris Yeltsin, released last month. A strong Clinton and a very weak Yeltsin underscore a warm and friendly relationship between the U.S. and Russia.

Then Vladimir Putin came along and decided to lift Russia out of the abyss, and things changed.

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Here are five must-read Clinton-Yeltsin exchanges from with the 600 pages released by the Clinton Library.

Via RT

Clinton sends ‘his people’ to get Yeltsin elected

Amid unceasing allegations of nefarious Russian influence in the 2016 presidential election, the Clinton-Yeltsin exchanges reveal how the US government threw its full weight behind Boris – in Russian parliamentary elections as well as for the 1996 reelection campaign, which he approached with 1-digit ratings.

For example, a transcript from 1993 details how Clinton offered to help Yeltsin in upcoming parliamentary elections by selectively using US foreign aid to shore up support for the Russian leader’s political allies.

“What is the prevailing attitude among the regional leaders? Can we do something through our aid package to send support out to the regions?” a concerned Clinton asked.

Yeltsin liked the idea, replying that “this kind of regional support would be very useful.” Clinton then promised to have “his people” follow up on the plan.

In another exchange, Yeltsin asks his US counterpart for a bit of financial help ahead of the 1996 presidential election: “Bill, for my election campaign, I urgently need for Russia a loan of $2.5 billion,” he said. Yeltsin added that he needed the money in order to pay pensions and government wages – obligations which, if left unfulfilled, would have likely led to his political ruin. Yeltsin also asks Clinton if he could “use his influence” to increase the size of an IMF loan to assist him during his re-election campaign.

Yeltsin questions NATO expansion

The future of NATO was still an open question in the years following the collapse of the Soviet Union, and conversations between Clinton and Yeltsin provide an illuminating backdrop to the current state of the curiously offensive ‘defensive alliance’ (spoiler alert: it expanded right up to Russia’s border).

In 1995, Yeltsin told Clinton that NATO expansion would lead to “humiliation” for Russia, noting that many Russians were fearful of the possibility that the alliance could encircle their country.

“It’s a new form of encirclement if the one surviving Cold War bloc expands right up to the borders of Russia. Many Russians have a sense of fear. What do you want to achieve with this if Russia is your partner? They ask. I ask it too: Why do you want to do this?” Yeltsin asked Clinton.

As the documents show, Yeltsin insisted that Russia had “no claims on other countries,” adding that it was “unacceptable” that the US was conducting naval drills near Crimea.

“It is as if we were training people in Cuba. How would you feel?” Yeltsin asked. The Russian leader then proposed a “gentleman’s agreement” that no former Soviet republics would join NATO.

Clinton refused the offer, saying: “I can’t make the specific commitment you are asking for. It would violate the whole spirit of NATO. I’ve always tried to build you up and never undermine you.”

NATO bombing of Yugoslavia turns Russia against the West

Although Clinton and Yeltsin enjoyed friendly relations, NATO’s bombing of Yugoslavia tempered Moscow’s enthusiastic partnership with the West.

“Our people will certainly from now have a bad attitude with regard to America and with NATO,” the Russian president told Clinton in March 1999. “I remember how difficult it was for me to try and turn the heads of our people, the heads of the politicians towards the West, towards the United States, but I succeeded in doing that, and now to lose all that.”

Yeltsin urged Clinton to renounce the strikes, for the sake of “our relationship” and “peace in Europe.”

“It is not known who will come after us and it is not known what will be the road of future developments in strategic nuclear weapons,” Yeltsin reminded his US counterpart.

But Clinton wouldn’t cede ground.

“Milosevic is still a communist dictator and he would like to destroy the alliance that Russia has built up with the US and Europe and essentially destroy the whole movement of your region toward democracy and go back to ethnic alliances. We cannot allow him to dictate our future,” Clinton told Yeltsin.

Yeltsin asks US to ‘give Europe to Russia’

One exchange that has been making the rounds on Twitter appears to show Yeltsin requesting that Europe be “given” to Russia during a meeting in Istanbul in 1999. However, it’s not quite what it seems.

“I ask you one thing,” Yeltsin says, addressing Clinton. “Just give Europe to Russia. The US is not in Europe. Europe should be in the business of Europeans.”

However, the request is slightly less sinister than it sounds when put into context: The two leaders were discussing missile defense, and Yeltsin was arguing that Russia – not the US – would be a more suitable guarantor of Europe’s security.

“We have the power in Russia to protect all of Europe, including those with missiles,” Yeltsin told Clinton.

Clinton on Putin: ‘He’s very smart’

Perhaps one of the most interesting exchanges takes place when Yeltsin announces to Clinton his successor, Vladimir Putin.

In a conversation with Clinton from September 1999, Yeltsin describes Putin as “a solid man,” adding: “I am sure you will find him to be a highly qualified partner.”

A month later, Clinton asks Yeltsin who will win the Russian presidential election.

“Putin, of course. He will be the successor to Boris Yeltsin. He’s a democrat, and he knows the West.”

“He’s very smart,” Clinton remarks.

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