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Now British media admits it in Skripal case: due process ‘does not apply’ to Russia

Commentaries in Guardian and Financial Times say that Russia can be declared guilty without being given chance to defend itself

Alexander Mercouris

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It is becoming increasingly difficult for the British authorities and for the British media to deny that ‘due process‘ – ie. the well-established system of rules for conducting fair and impartial trials and investigations in order to determine questions of guilt or innocence – are not being followed by the British authorities in the Skripal case.

Here are some of the violations of due process the British authorities which in my opinion the British authorities are committing:

(1) The British government is interfering in the conduct of a criminal investigation, with Prime Minister Theresa May and especially Foreign Secretary Boris Johnson pointing fingers at who they say is guilty (Russia) whilst the criminal investigation is still underway;

(2) The British government has said that unless Russia proves itself innocent within a specific time the British government will conclude that it is guilty.  As I have explained previously this reverses the burden of proof: in a criminal case it is the prosecution which is supposed to prove the defendant’s guilt, not the defendant who must prove his innocence;

(3) The British government refuses to share with Russia – the party it says is guilty – the ‘evidence’ upon which it says it has concluded that Russia is guilty, the evidence in this case being a sample of the chemical with which it says Sergey and Yulia Skripal was poisoned.

This violates the fundamental principle that the defendant must be provided with all the evidence against him so that he can properly prepare his defence;

(4) The British government is not following the procedure set out in Article IX (2) of the Chemical Weapons Convention to which both Britain and Russia are parties.  This reads as follows

States Parties should, whenever possible, first make every effort to clarify and resolve, through exchange of information and consultations among themselves, any matter which may cause doubt about compliance with this Convention, or which gives rise to concerns about a related matter which may be considered ambiguous. A State Party which receives a request from another State Party for clarification of any matter which the requesting State Party believes causes such a doubt or concern shall provide the requesting State Party as soon as possible, but in any case not later than ten days after the request, with information sufficient to answer the doubt or concern raised along with an explanation of how the information provided resolves the matter.

This says clearly that in a case like the Skripal case the British authorities should have sent a request for information to the Russian authorities, who would then have had up to ten days in which to respond.

Instead the British demanded a Russian reply within 36 hours, and said they would assume Russian guilt unless a response was provided which satisfied them, even though the Chemical Weapons Convention does not give the British government the right in a case like Skripal to say based on such a reply that the Russians are guilty or not.

There has been an attempt to argue that the British disregard of the procedure set out in Article IX (2) does not breach the Chemical Weapons Convention.

I will set it out the British position as it appears in an article in The Conversation

The process set out in Article IX(2) cannot be the exclusive remedy in all cases where doubts arise surrounding compliance with the Chemical Weapons Convention. For example, it would be absurd to suggest that a state which has suffered an armed attack involving chemical weapons may not defend itself against that attack, but instead must issue a request for information to the attacking state and then patiently await its response within ten days.

In fact, on a closer reading, it’s clear that the obligation set out in Article IX(2) is not of an absolute character. It requires state parties to “make every effort” to clarify and resolve doubts. This duty is framed in the language of “should”, rather than “shall”, and is engaged only “whenever possible”. The terms of the clause therefore enable a state to adopt alternative measures should the circumstances so warrant.

After the Salisbury incident, one of the UK’s responses was to call a meeting of the UN Security Council. While Russia vehemently opposed this move as being contrary to the Chemical Weapons Convention, none of the other members of the Security Council, all of which are also signatories of that treaty, shared this view.

It is also important to be clear about the scope of Article IX(2). The provision deals with the clarification of doubts surrounding compliance with the Chemical Weapons Convention. However, the British government had already concluded that it was highly likely that Russia was responsible for the incident. Based on the identification of the nerve agent involved, named as Novichok, the fact that Russia has produced the agent in the past and in the light of Russia’s past conduct and current intent, it was not unreasonable for the UK government to come to this conclusion, in line with the standards of proof applicable in international law in similar circumstances.

I find this wholly unconvincing and I am sure the vast majority of international lawyers would do so also.

What this argument essentially says is that the British are entitled to disregard the procedure set out in Article IX (2) because they have already concluded in advance of their enquiry to the Russians on the basis of evidence which they are not prepared to share with the Russians that Russia is ‘highly likely’ to have been guilty of carrying out the attack on Skripal.

That effectively admits that the ‘request for information’ – ie. Theresa May’s ultimatum to Russia – was not made in good faith and was not really a genuine ‘request for information’ at all, but was rather a rhetorical device intended to make it easier for the British government to pronounce Russia guilty without providing further proof.

Far from providing a justification for ignoring the procedure set out in Article IX (2), that looks to me more like an admission that the British have not been acting in good faith, which of course is not merely a violation of the Chemical Weapons Convention but of due process.

(5) The British authorities are denying the Russians consular access to Yulia Skripal, though she is a Russian citizen who the British authorities say was subjected to a criminal assault on their territory.

This is a potentially serious matter since by preventing consular access to Yulia Skripal the British authorities are not only violating the interstate consular arrangements which exist between Britain and Russia, but they are preventing the Russian authorities from learning more about the condition of one of their citizens who has been hospitalised following a violent criminal assault, and are preventing the Russian authorities from carrying out their own investigation into the assault on one of their citizens which the British authorities say has taken place.

I would add that this obstruction of Russian consular access to Yulia Skripal has gone almost entirely unreported in the British and Western media.

Needless to say, if the situation were reversed and it was the Russian authorities who were denying the British consular access to a British citizen who had been hospitalised following a criminal assault in Russia, I have no doubt that the British and Western media would be far less reticent about it.

In truth the violations of due process are so egregious that sections of the British media have been in effect forced to admit that they are happening, and are now trying to justify them.

Here for example is what Jonathan Freedland in the Guardian has said

On the face of it, Jeremy Corbyn’s position, as set out in the Guardian yesterday, seems eminently reasonable. Anxious to learn the lessons of the Iraq catastrophe of 2003, he suggested we exercise patience: let’s wait and see where the investigation leads, let’s not “rush way ahead of the evidence”. After all, said his spokesman, the intelligence agencies had been wrong before……

But those pleas to delay judgment point to a wider error: a misreading of the nature of the contemporary Russian state…..

The error here is to assume that Moscow’s attitude to evidence and due process is the same as that of nations still governed by the rule of law. But in Putin’s Russia, lying has long been a routine and integral part of statecraft. No matter how copious the evidence, Putin will think nothing of denying it….

What meaning does “due process” have when dealing with such a regime? Moscow would not cooperate in good faith with an investigation by the international chemical weapons watchdog, offering up evidence that might be incriminating. They would see such an inquiry instead as a useful delaying tactic, one that would allow them to issue yet more denials, wild counter-accusations (“Salisbury was an MI5 plot to distract from Brexit”) and obfuscation – disseminated either through their RT propaganda TV station or by their army of bots and online enablers. That way they could generate yet more of the fog of doubt and confusion that they believe undermines the west’s confidence and strengthens them. This is the Putin modus operandi: spread doubt until the public grows exhausted and concludes that the truth is unknowable.

(bold italics added)

More pithily an editorial the Financial Times says the same thing

President Vladimir Putin’s government uses a well-worn playbook after it commits an international outrage. The first Russian response is denial mixed with the propagation of a variety of implausible alternative explanations….

The Kremlin then tries to blunt the response by wrapping its accusers up in procedure. The game is to confuse the narrative, delay the international response — and demonstrate to the Russian people and the wider world that the Kremlin can act with impunity.

(bold italics added)

The first thing to say about these articles is that they are an admission that in the Skripal case due process – ie. proper procedure in a case like this – is not being followed.

The second thing to say is that they show a startling failure to understand the purpose of due process.

Due process in a criminal investigation is not a favour to the defendant.  It is the way to arrive at the truth.

That is why in England in criminal appeals judges say that convictions in cases where due process has not been followed are ‘unsafe’.  What they mean is that because due process was not followed the court cannot be sure that the case which has been made against the defendant has been made out.

It follows that doubts about a defendant’s good faith (the reason Jonathan Freedland and the Financial Times are giving for disapplying due process in cases involving Russia) can never be a reason for disapplying due process.

It is ridiculous to say – as Jonathan Freedland and the Financial Times are in effect saying – that due process should be disapplied simply because they believe the defendant in this case – ie. Russia –  is lying and is never going to admit its guilt.

Defendants often lie when cases are brought against them.  If they did not there would be no reason to have trials.

Defendants very often go on denying their guilt even when courts have convicted them.  That is not a reason to deny them due process and their right to state their defence.

Stripped of their bogus arguments, what Jonathan Freedland and the Financial Times are saying is that when Russia is accused of something it has no right to defend itself.

That is an astonishing and deeply troubling thing to say.

It also looks to me rather like an admission that in the Skripal case the British authorities do not have the evidence to prove that their accusation against Russia is true.

That does not surprise me because the British authorities have apparently been unable to provide even their closest allies with evidence which proves that their accusation against Russia is true.

Here is what Der Spiegel says the British have told the Germans about the evidence – or lack of evidence – they have in the case

The key to the Skripal case is to be found in the toxin that was used. When the British briefed their German colleagues this week, they didn’t go into great detail, according to sources in German security circles. Intelligence services suspect that could be because the British no longer completely trust the Americans and are particularly wary of Donald Trump.

The British didn’t even tell their German counterparts which variation of the nerve agent they believe was used. Western intelligence experts suspect that it was Novichok of the A-232 variety, which is fluid enough to be used as a spray.

The vocabulary used by the UK and its allies indicates that British intelligence officials are highly confident in their assessment. Yet although it is clear which substance was used and that it very likely came from Russian stockpiles, there is no definitive proof that the Russian state was behind the attack, according to a senior German official on Thursday evening. The official has read through all of the documents that have thus far been presented. He said that intelligence officials are viewing the evidence laid out in those documents — several tightly printed pages — as a “compelling chain of clues.”

(bold italics added)

In other words the British case against Russia in the Skripal case is no more than surmise (a “compelling chain of clues”).

It is not based on evidence because as of Thursday 15th March 2018 (when the Germans were given the facts) there was none.

What of the argument Jonathan Freedland and the Financial Times both make – echoing things the British government has said – that concrete proof of Russian guilt in the Skripal case is not needed because Russia’s guilt can be presumed from Russia’s previous conduct.

Putting aside that there are conflicting opinions about Russia’s previous conduct, it is actually a further breach of due process to declare someone guilty not on the evidence in the case itself but purely on the basis of their previous conduct.

Putting that aside there have been at least three cases since The Duran was founded in May 2016 when declarations of Russian guilt which were confidently asserted proved on proper examination of the evidence to be untrue.

(1) On 19th September 2016 an attack on a humanitarian convoy in Syria was widely blamed by Western governments and by the Western media on Russia.  Yet a UN inquiry headed by an Indian military officer effectively cleared Russia of responsibility for the attack.

(2) In a succession of reports Professor Richard McLaren has claimed to have found proof of a gigantic government organised state sponsored doping conspiracy amongst athletes in Russia.

These claims have been enthusiastically repeated by the Western media, and led to partial bans on Russian participation in the 2016 Summer Olympics in Rio de Janeiro, and in the 2018 Winter Olympics in PyeongChang, and to a complete ban on Russian participation in the 2016 Summer Paralympic Games in Rio de Janeiro.

However the Schmid Commission, which on behalf of the International Olympic Committee, carried out a thorough review of Professor McLaren’s claims of a government organised state sponsored doping conspiracy in Russia, concluded that contrary to what Professor McLaren has said those claims have not been proved, and that they are most likely untrue.

(3) The third case is more controversial, but I personally have no doubt that the same applies.

Since at least the summer of 2016 it has been repeatedly and confidently claimed that there was a vast conspiracy between Russia and Donald Trump’s campaign to steal the US Presidential election from Hillary Clinton and to swing it to Donald Trump.

The House Intelligence Committee, having investigated this claim in detail, now says it is untrue.

Though the Mueller investigation, which is also looking in this claim, has yet to report, none of the indictments it has issued suggest that this claim is true, whilst it seems the Senate Intelligence Committee, which is also investigating the claim, is also going to report that the claim is untrue.

Here we have three examples of claims of wrongful activity confidently made against Russia proving to be untrue.  Why then assume that the claim of wrongful activity made against Russia in the Skripal case is true?

Obviously presumptions of guilt based on claims of previous Russian misconduct are wrong and unsafe, and that whole approach must be abandoned as both flawed and ethically wrong.

I would finish by repeating a point I have made many times before.

Underpinning the regular allegations made in the West about Russian misconduct including the ones now being made in connection with the Skripal case is the intense Western prejudice against Russia and against all things Russian.

I discussed this Western prejudice against Russia and Russians in detail in a long article The Duran published on 12th October 2016, and I discussed it again more recently in articles I have written about a recent report by a group of US Democratic Party Senators targeting Russia, and about the Hollywood film Red Sparrow which is currently on general release.

Now we see further examples of this prejudice with the demand in the Skripal case that Russia be denied the right to defend itself, a right which every other defendant accused of a crime has.

Personally I cannot see a more straightforward example of prejudice against Russia than that.

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Watch: Democrat Chuck Schumer shows his East Coast elitism on live TV

Amazing moment in which the President exhibits “transparency in government” and shows the world who the Democrat leaders really are.

Seraphim Hanisch

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One of the reasons Donald Trump was elected to the Presidency was because of his pugnacious, “in your face” character he presented – and promised TO present – against Democrat policy decisions and “stupid government” in general.

One of the reasons President Donald Trump is reviled is because of his pugnacious, “in your face” character he presented – and promised TO present – in the American political scene.

In other words, there are two reactions to the same characteristic. On Tuesday, the President did something that probably cheered and delighted a great many Americans who witnessed this.

The Democrats have been unanimous in taking any chance to roast the President, or to call for his impeachment, or to incite violence against him. But Tuesday was President Trump’s turn. He invited the two Democrat leaders, presumptive incoming House Speaker Nancy Pelosi, and Senate Minority Leader Chuck Schumer, and then, he turned the cameras on:

As Tucker Carlson notes, the body language from Schumer was fury. The old (something)-eating grin covered up humiliation, embarrassment and probably no small amount of fear, as this whole incident was filmed and broadcast openly and transparently to the American public. Nancy Pelosi was similarly agitated, and she expressed it later after this humiliation on camera, saying, “It’s like a manhood thing for him… As if manhood could ever be associated with him.”

She didn’t stop there. According to a report from the New York Daily News, the Queen Bee took the rhetoric a step below even her sense of dignity:

Pelosi stressed she made clear to Trump there isn’t enough support in Congress for a wall and speculated the President is refusing to back down because he’s scared to run away with his tail between his legs.

“I was trying to be the mom. I can’t explain it to you. It was so wild,” Pelosi said of the Oval Office meet, which was also attended by Vice President Pence and Senate Minority Leader Chuck Schumer (D-N.Y.). “It goes to show you: you get into a tinkle contest with a skunk, you get tinkle all over you.”

This represented the first salvo in a major spin-job for the ultra-liberal San Francisco Democrat. The rhetoric spun by Mrs. Pelosi and Chuck Schumer was desperate as they tried to deflect their humiliation and place it back on the President:

With reporters still present, Trump boasted during the Oval meeting he would be “proud” to shutdown the government if Congress doesn’t earmark cash for his wall before a Dec. 21 spending deadline.

Pelosi told Democrats that Trump’s boisterousness will be beneficial for them.

“The fact is we did get him to say, to fully own that the shutdown was his,” Pelosi said. “That was an accomplishment.”

The press tried to characterize this as a “Trump Tantrum”, saying things like this lede:

While “discussing” a budgetary agreement for the government, President Donald Trump crossed his arms and declared: “we will shut down the government if there is no wall.”

While the Democrats and the mainstream media in the US are sure to largely buy these interpretations of the event, the fact that this matter was televised live shows that the matter was entirely different, and this will be discomfiting to all but those Democrats and Trump-dislikers that will not look at reality.

There appears to be a twofold accomplishment for the President in this confrontation:

  1. The President revealed to his support base the real nature of the conversation with the Democrat leadership, because anyone watching this broadcast (and later, video clip) saw it unedited with their own eyes. They witnessed the pettiness of both Democrats and they witnessed a President completely comfortable and confident about the situation.
  2. President Trump probably made many of his supporters cheer with the commitment to shut down the government if he doesn’t get his border wall funding. This cheering is for both the strength shown about getting the wall finished and the promise to shut the government down, and further, Mr. Trump’s assertion that he would be “proud” to shut the government down, taking complete ownership willingly, reflects a sentiment that many of his supporters share.

The usual pattern is for the media, Democrats and even some Republicans to create a “scare” narrative about government shutdowns, about how doing this is a sure-fire path to chaos and suffering for the United States.

But the educated understanding of how shutdowns work reveals something completely different. Vital services never close. However, National Parks can close partly or completely, and some non-essential government agencies are shuttered. While this is an inconvenience for the employees furloughed during the shutdown, they eventually are re-compensated for the time lost, and are likely to receive help during the shutdown period if they need it. The impact on the nation is minimal, aside from the fact that the government stops spending money at the same frenetic pace as usual.

President Trump’s expression of willingness to do this action and his singling out of the Dem leadership gives the Democrats a real problem. Now the entire country sees their nature. As President Trump is a populist, this visceral display of Democrat opposition and pettiness will make at least some impact on the population, even that group of people who are not Trump fans.

The media reaction and that of the Democrats here show, amazingly, that after three years-plus of Donald Trump being a thorn in their side, they still do not understand how he works, and they also cannot match it against their expected “norms” of establishment behavior.

This may be a brilliant masterstroke, and it also may be followed up by more. The President relishes head-to-head conflict. The reactions of these congress members showed who they really are.

Let the games begin.

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French opposition rejects Macron’s concessions to Yellow Vests, some demand ‘citizen revolution’

Mélenchon: “I believe that Act 5 of the citizen revolution in our country will be a moment of great mobilization.”

RT

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Via RT…


Macron’s concessions to the Yellow Vests has failed to appease protesters and opposition politicians, such as Jean-Luc Mélenchon, who called for “citizen’s revolution” to continue until a fair distribution of wealth is achieved.

Immediately after French President Macron declared a “social and economic state of emergency” in response to large-scale protests by members of the Yellow Vest movement, promising a range of concessions to address their grievances, left-wing opposition politician Mélenchon called on the grassroots campaign to continue their revolution next Saturday.

I believe that Act 5 of the citizen revolution in our country will be a moment of great mobilization.

Macron’s promise of a €100 minimum wage increase, tax-free overtime pay and end-of-year bonuses, Mélenchon argued, will not affect any “considerable part” of the French population. Yet the leader of La France Insoumise stressed that the “decision” to rise up rests with “those who are in action.”

“We expect a real redistribution of wealth,” Benoît Hamon, a former presidential candidate and the founder of the Mouvement Génération, told BFM TV, accusing Macron’s package of measures that benefit the rich.

The Socialist Party’s first secretary, Olivier Faure, also slammed Macron’s financial concessions to struggling workers, noting that his general “course has not changed.”

Although welcoming certain tax measures, Marine Le Pen, president of the National Rally (previously National Front), accused the president’s “model” of governance based on “wild globalization, financialization of the economy, unfair competition,” of failing to address the social and cultural consequences of the Yellow Vest movement.

Macron’s speech was a “great comedy,”according to Debout la France chairman, Nicolas Dupont-Aignan, who accused the French President of “hypocrisy.”

Yet many found Melanchon’s calls to rise up against the government unreasonable, accusing the 67-year-old opposition politician of being an “opportunist” and “populist,” who is trying to hijack the social protest movement for his own gain.

Furthermore, some 54 percent of French believe the Yellow Vests achieved their goals and want rallies to stop, OpinionWay survey showed. While half of the survey respondents considered Macron’s anti-crisis measures unconvincing, another 49 percent found the president to be successful in addressing the demands of the protesters. Some 68 percent of those polled following Macron’s speech on Monday especially welcomed the increase in the minimum wage, while 78 percent favored tax cuts.

The Yellow Vest protests against pension cuts and fuel tax hikes last month were organized and kept strong via social media, without help from France’s powerful labor unions or official political parties. Some noted that such a mass mobilization of all levels of society managed to achieve unprecedented concessions from the government, which the unions failed to negotiate over the last three decades.

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Soros Mimics Hitler’s Bankers: Will Burden Europeans With Debt To ‘Save’ Them

George Soros is dissatisfied with the current EU refugee policy because it is still based on quotas.

The Duran

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Via GEFIRA:


After the Second World War, many economists racked their brains to answer the question of how Hitler managed to finance his armament, boost the economy and reduce unemployment.

Today his trick is well known. The economic miracle of Führer’s time became possible thanks to the so-called Mefo promissory notes.

The notes were the idea of the then President of the Reichsbank, Hjalmar Schacht, and served not only to finance the armament of the Wehrmacht for the Second World War, but also to create state jobs, which would otherwise not have been possible through the normal use of the money and capital markets, i.e. the annual increase in savings in Germany.

The Reich thus financed the armaments industry by accepting notes issued by the dummy company Metallurgische Forschungsgesellschaft GmbH (hence the name Mefo) rather than paying them in cash. The creation of money was in full swing from 1934 to 1938 – the total amount of notes issued at that time was 12 billion marks. The Reichsbank declared to the German banks that it was prepared to rediscount the Mefo notes, thus enabling the banks to discount them.

Because of their five-year term, the redemption of notes had to begin in 1939 at the latest. This threatened with enormous inflation. Since Schacht saw this as a threat to the Reichsmark, he expressed his doubts about the Reich Minister of Finance. But it did not help, and Schacht was quickly replaced by Economics Minister Walther Funk, who declared that the Reich would not redeem the Mefo notes, but would give Reich bonds to the Reichsbank in exchange. At the time of Funk, the autonomous Reichsbank statute was abolished, the Reichsbank was nationalized, and inflation exploded in such a way that Mefo notes with a circulation of 60 billion Reichsmark burdened the budget in post-war Germany.

George Soros also proposes such a money flurry in the style of Schacht and Funk.

Soros is dissatisfied with the current EU refugee policy because it is still based on quotas. He calls on the EU heads of state and governments to effectively deal with the migrant crisis through money flooding, which he calls “surge funding”.

“This would help to keep the influx of refugees at a level that Europe can absorb.”

Can absorb? Soros would be satisfied with the reception of 300,000 to 500,000 migrants per year. However, he is aware that the costs of his ethnic exchange plan are not financially feasible. In addition to the already enormous costs caused by migrants already in Europe, such a large number of new arrivals would add billions each year.

Soros calculates it at 30 billion euros a year, but argues that it would be worth it because “there is a real threat that the refugee crisis could cause the collapse of Europe’s Schengen system of open internal borders among twenty-six European states,” which would cost the EU between 47 and 100 billion euros in GDP losses.

Soros thus sees the financing of migrants and also of non-European countries that primarily receive migrants (which he also advocates) as a win-win relationship. He calls for the introduction of a new tax for the refugee crisis in the member states, including a financial transaction tax, an increase in VAT and the establishment of refugee funds. Soros knows, however, that such measures would not be accepted in the EU countries, so he proposes a different solution, which does not require a vote in the sovereign countries.

The new EU debt should be made by the EU taking advantage of its largely unused AAA credit status and issuing long-term bonds, which would boost the European economy. The funds could come from the European Stability Mechanism and the EU balance of payments support institution.

 “Both also have very similar institutional structures, and they are both backed entirely by the EU budget—and therefore do not require national guarantees or national parliamentary approval.“

In this way, the ESM and the BoPA (Balance of Payments Assistance Facility) would become the new Mefo’s that could issue bills of exchange, perhaps even cheques for Turks, Soros NGOs. Soros calculates that both institutions have a credit capacity of 60 billion, which should only increase as Portugal, Ireland and Greece repay each year the loans they received during the euro crisis. According to Soros, the old debts should be used to finance the new ones in such a way that it officially does not burden the budget in any of the EU Member States. The financial institutions that are to carry out this debt fraud must extend (indeed – cancel) their status, as the leader of the refugees expressed such a wish in his speech.

That Soros is striving to replace the indigenous European population with new arrivals from Africa and Asia is clear to anyone who observes its activities in Europe. The question is: what does he want to do this for and who is the real ruler, behind him, the real leader?

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