Desert Conversations

By

The author, right, and canvass partner Maureen, dressed for success in 90 degree desert heat, examining the voter list he just downloaded to his phone before canvassing. Photo credit: Candy Meyers

I spent three days last week in Reno, Nevada under the auspices of Seed the Vote, volunteering as a canvasser for the Harris-Walz campaign. Having canvassed in many campaigns over many years my expectations were low. I imagined I’d mostly knock on the doors of empty houses and apartments. That expectation was fulfilled.

Since our lists were of low-propensity voters, I also guessed when I did find people home I’d encounter large gaps where political knowledge should be. This too proved true.  My personal goal was modest:  stop 2024 in the United States from becoming 1933 in Germany (see my earlier Jumping Off Place article).  I am less enthusiastic about the people I’m urging everyone to vote for than the historical function they will perform if elected: stopping the ascent of fascism.

Over seventy-two hours I had about ten actual conversations, including a couple potentially meaningful ones, and one honest-to-god conversion moment.  I’m reporting here on three of the more interesting interactions, which occurred on the first day while trudging in ninety-degree desert heat from place to place in a working class suburb.

You remember during the first years of the Trump administration when pundits and shellshocked naifs urged us all to reach out to uncles and nieces and former friends on the other side and “just talk” and then we’d find out how much we all really had in common? I found one in a trailer park rental complex, a tall, gaunt white seventy-nine-year-old named John.

When I told him I was a volunteer for the Harris campaign he asked if we could “just talk”, and told me he’s going to vote for Trump no matter what, but he wanted to hear what I had to say, because he doesn’t know what’s happened to this country that people can’t just talk with one another, and is that OK? I agreed to his terms. With each point I made (protection of the American Care Act, which Trump tried to repeal; Trump’s tax cuts for the rich, which meant less money in the federal budget for the needs of everyone else; his declaration that on Day One he’d be a dictator, etc.) John had a ready answer, none of which corresponded with any known reality, and a bottom line—“I trust him to do the right thing.”

When I left he said we’d given each other something to think about and politely thanked me for the discussion. This reception sharply contrasted with ones I received from other Trump supporters, the most civil of which was another old white guy who told me to leave so that he wouldn’t have to insult me. (On the opposite extreme, one of my canvassing partners was told through a smart doorbell to “get the fuck off my property and take your sacks of shit with you.”)

In front of many homes in this neighborhood motorcycle, bicycle and car parts decorated the dusty yard; this was no exception.  When I told Aurora, a thirty something Latina, I was there to ask for her vote for Harris she stepped out from behind the screen door onto the wooden porch and engaged. She said she couldn’t vote for Harris because she hadn’t distinguished her policy from Biden’s on Palestine, where United States bombs have been involved in an ongoing genocide. I surprised her by agreeing with the need for a ceasefire and withdrawing US military aid to Israel until that happens. But, I said, Trump would be no better on the issue and probably worse. Just as she was expanding her voting prohibition from Harris to all Democrats a voice said, “Behind you.”

A man about the same age as Aurora walked up with a machine part in his hand. We introduced ourselves and continued the conversation. Trevor repeated what Aurora had said, adding that he could no longer vote for Democrats after the way the party had treated Bernie; they’re as corrupt as the Republicans. I said while that’s true of the neoliberal half of the Democratic Party, the other half is made up of labor, women’s rights, civil rights, gay rights and environmental groups and sometimes it’s possible to get some progressive things done; meanwhile that’s completely impossible with the Republicans.

I said that what we’ve been talking about is only part of the picture; every US president is imperialist-in-chief internationally and it’s a mistake to think they can easily be persuaded to act differently. But there’s also the national side of the job, which involves important functions like appointments—to the courts and lesser-known agencies like the National Labor Relations Board, which can have an enormous impact on the working class, our rights, and daily life in the country. They listened but seemed unmoved.

I pulled out my trump card (sorry); under a Democratic administration there’s at least the room to move to protest destructive policies like Israel and Gaza. If Trump gets into office along with a Republican Congress, it’s going to be a police state this time around; things could look like Nazi Germany and much harder to mount any resistance. Aurora and Trevor nodded, like they had thought about this before, but didn’t comment on it.

Then Trevor said, “This is off to the side from what we’re talking about, but what do you think about no parties? Parties are how we have these problems.” Putting on my labor history hat, I said, “That’s what the Industrial Workers of the World wanted over a hundred years ago. Society would be run by workers’ committees, elected in each workplace. Their representatives would go to assemblies where decisions would be made.” He nodded.  I said, “But unless you can tell me how we do that before November fifth….” He laughed.

Then he said that he knew of things that were going on that might “take Trump out” before Election Day. I asked what he meant. He said he couldn’t talk about it, but when that happened he hoped Kennedy could get back into the race and win. At this point I decided the conversation had achieved all its potential. We parted on friendly if inconclusive terms.

When I reported on this event with one of my canvassing partners she said, “Hunh, that’s different. Usually they kill the Kennedy and then someone else gets elected.”

There’s no telling beforehand what issue might resonate with someone. Social Security typically works best for older people. But not always.  At first, the twenty-seven year old man who came out to the porch after my canvassing partner Ralph and I knocked told us he had no intention to vote; politics didn’t matter; it’s all the same no matter who’s elected.

I said, “I assume you work for a living?” He said yes. What do you do? I’m a truck driver. You pay into Social Security? He nodded. I said, I’m retired, and I’m on Social Security. You’ve heard that they say Social Security might run out of money at some point down the road? He nodded again. I’m guessing you’d like to collect that money back that you’ve been putting into it?  I had his attention.

I spoke about how Social Security is funded:  payroll taxes. Workers pay in on their wages, and employers pay in a matching amount. But only up to $170,000 a year; anything over that is no longer subject to Social Security taxes. This is what puts Social Security in danger down the road: the many ways rich people have to get around paying their fair share of taxes, including this one. All we have to do is raise the cap so that rich people continue to pay in after $170,000 on all the money they make and Social Security will continue to be here for you, I said.

So who is better on this, and does it make a difference? We know that Trump won’t do that. In his first term he didn’t raise, he cut taxes for the rich. Kamala Harris wants to return taxes on the rich and corporations to higher levels. If you want to keep Social Security vote for Harris. So what do you think?, asked my partner Ralph. Juan smiled slightly: “You convinced me,” he said, and I could tell he meant it.

The three days in the hot sun were exhausting, but we were well-supported by our Seed the Vote organizers, who met with us each morning, gave us our lists, supplied us with water, phone batteries and snacks, and met again at the end of the day to debrief. One recurrent story gave some anecdotal hope for a victory margin in one cohort against Trump—and that’s what it was, less a vote for Harris and more an anti-Trump vote.

We heard this from people on the second day. One, a flight attendant in a more middle class suburb, told me she and her husband had been lifelong Republicans. But the craziness of MAGA plus persuasion from their two daughters, who had gone off to universities and come home politically transformed, put them over the edge. Now she was going to canvass for Harris, despite “some disagreements” that we didn’t get into.

The other, a retired architect in a very upscale neighborhood, spoke with my wife about his disenchantment with the Republican Party under Trump. He was an educated and cultured man, and couldn’t stand the lies and the vulgarities. He was going to vote the straight Democratic ticket.  The seven people in our pod of canvassers had a number of similar stories from anti-MAGA ex-Republicans.

I haven’t seen any polling numbers among the old country club Republican ruling class set. Historically, ascendent fascism initially repels, and then reels in this demographic. It seems, however, from these encounters, and the growing number of Cheney types opposed to Trump, that the historic pattern might be abrogated here. We can hope.

*All the names are changed.

Nevada Unions, Democrats and the Fight for the Soul of Our Nation 

By

The stakes couldn’t be higher. Freedom and democracy stand in the balance. Union workers could well be the difference in a Vice President Kamala Harris and Minnesota Gov. Tim Walz November election victory.

This year, Nevada is one of seven battleground states that will likely determine the outcome of the presidential election and control of Congress. Since 2008, Nevadans have voted Democrat for president but by razor thin margins. Both U.S. senators and three of four Nevadans in the U.S. House of Representatives are Democrats; all women. 

The AFL-CIO — and the affiliated federation of unions — have pledged millions of dollars nationally via donations, phone banks and door knocking to support Harris and Walz and down-ballot Democrats. Grassroots organizing paved the way for the recent victories. The Nevada AFL-CIO State Labor Council have mobilized its 120 union locals and 150,000 diverse members in building, construction and service trades, public worker sectors and more. Numerous other groups, such as Seed The Vote, Indivisible, the Progressive Leadership Alliance of Nevada (PLAN) and the Third Act are spearheading voter turnout. 

The politically powerful Culinary Workers Union Local 226, which represents 60,000 hospitality workers, — the largest Latinx/ Black/Asian American Pacific Islander/ immigrant organization in the state — is turning out an army of precinct volunteers in support of Harris and Walz and down-ballot races. 

Union President Peter Finn, speaking for 300,000 Joint Council 7 & 42 West Coast members, includingNevada Teamsters, has endorsed Harris, Walz for president and to re-elect Sen. Jacky Rosen. As truck drivers, rail workers and freight handlers, their working class credentials and votes hold importance. Finn says we “refuse to be divided by extremist political forces or greedy corporations that want to see us fail.” 

At the Sept. 10th presidential debate, one question posed to Harris and former President Donald Trump squarely placed the strength of the economy as the centerpiece of the election. Voters’ pocketbooks have traditionally played a huge role in the outcome of presidential elections. In 1992, Bill Clinton’s campaign captured this sentiment with the famous quip, “It’s the economy stupid.” Recently, housing costs have had a significant economic impact as fewer people can afford a house or pay the increased rental costs.  

Las Vegas Review-Journal article reinforces the argument that housing is a top issue in Nevada, and nationally. It blames the 2008-2009 financial crash, the COVID pandemic, and corporate investors who have purchased many of the available houses and turned them into exorbitantly high cost rental units. Harris has shown an understanding of the issue’s severity and proposed a detailed remedy. 

Rep. Steven Horsford (D-NV), chair of the Democratic Black Caucus and co-chair of House Labor Caucus, blasted the corporate investors’ takeover of the housing and rental markets, and last year sponsored a bill to cap predatory investor home renting and selling practices. 

Biden and Harris pledged hundreds of millions of dollars for affordable housing initiatives. Early on, they signed the Build Back Better and the Infrastructure Investment and Jobs acts that include rental assistance for Nevadians. Horsford says that the acts “create millions of good paying union jobs, cut taxes for most Nevada families that have children, and lower the costs of essentials like housing, health and child care.”

The infrastructure law earmarks $3.5 billion for Nevada including more than 275 projects for roads, bridges, public transit and airports. This includes funding for Harry Reid International Airport, the high-speed rail line between Southern California and Las Vegas, electric vehicle charging, cost-free high-speed internet, and amelioration of the Lake Mead and Las Vegas Wash drought conditions.

Biden and Harris passed the Inflation Reduction Act that confronts the climate crises by expanding tax credits for clean energy and electric vehicles that will reduce the need for oil and other fossil fuels. Its goal is to reduce greenhouse gas emissions 40 percent below 2005 levels by 2030. More than 100 million people face extreme heat, forest fires and violent storms. Coastal communities are predicted to experience a 10–12-inch rise above sea level. The law provides $52.7 billion for semiconductor research, workforce development, domestic manufacturing, and creation of zero emission technologies.  Nevada is well situated with an abundance of lithium, copper, magnesium, barium, and vanadium that are non fossil fuels and “critical” to meet the goals of the Inflation Reduction Act, and a greener future. This has the potential to create whole new industries and jobs.

The problem for Biden and now Harris is whether the benefits of the legislation will come in time to influence voters in November. The law “has undoubtedly been a boon 

for Nevada, bringing in unprecedented federal dollars, spurring private investment and creating jobs. But, the gap between its passage and tangible results could be its undoing. If they win in November, Republicans have threatened to revoke many of the law’s provisions, halting progress before it even begins.

Rob Benner, secretary-treasurer of the Building and Construction Trades Council of Northern Nevada, says the union has already secured a project labor agreement to do construction.  “We have all these burgeoning industries getting ready to just take off and totally transform Nevada … That could all stop and then we are back to square one…” Experts and industry watchers say a perfect storm of factors makes Nevada poised to capitalize on the laws. Nearly 250,000 clean-energy jobs have been announced in Nevada since the laws’ passage.

Harris and her allies must convince the public that, while voters have a right to feel anxious about the delays, given Republicans threats to revoke the legislation, her election is the only way that they will likely see significant job increases and lower energy prices.

Republicans are well financed. Megadonor, Miriam Adelson, owner of the Las Vegas Review-Journal, is the lead financier of a spending group backing Trump. She plans to do whatever it takes to help him winHer family gave $218 million (https://www.reuters.com/world/us/republican-mega-donor-adelson-back-major-pro-trump-spending-group-2024-05-30/) in the 2020 election cycle and is expected to give similar amounts this year— all to Republicans and conservative groups.

At the Republican National Convention (RNC), Trump said he supported unions.  His pitch, in the 900-pageProject 2025, developed by 140 former staff and associates of his administration, flies in the face of pro-worker and green economy policies for running the country. As Michelle Maese, president of the Southern Nevada SEIU Local 1107, a public employees union says, “Their goal isn’t to fix our government or our country. It’s to break it even more … “It would be an absolute disaster.”

With the nomination of Harris and Walz, Democrats have the momentum.  Democrats accuse Republicans of having presented no substantive policies but to base their campaign on hate, fear, lies, gross exaggerations, and past grievances.  Commentators report that Republicans appear to be on the defensive and that blunders have damaged their campaign.  They believe that crowds at his rallies are down.  Plus, questions exist about whether his ticket has the energy, character and mental stability to lead the county, and the free world.

Biden and Harris have made major efforts to prove their labor bonafides. They walked picket lines, backed labor legislation and appointed strong worker advocates to the National Labor Relations Board. Biden has been called the most pro-union president in history. Harris has visited Nevada at least eight times.  Unions, Democrats and progressives have the power and unity to win.

On the first night of the Democratic National Convention (DNC), Democrats showcased leaders of unions and their allies amidst deafening chants of “Union Yes” and “We Are Not Going Back.” The crowd exploded in response to Harris’ acceptance speech. She called out to go forward with strength, empathy, joy, and unity.  Former President and First Lady Barack and Michelle Obama wrapped up day two of the DNC with the admonition that we have to spend all our energy fighting for democracy. In support, the unions have near unanimity on who is on their side. With that thought in mind, convention attendees took up the chant: “When We Fight, We Win!” Labor will be a big part of that fight.

“A CALL TO ACTION” – The Case for a Professional Combat Athlete Union

By

Abraham Lincoln said, “If you want to know a man, give him power.” Well, UFC (Ultimate Fighting Championship) President Dana White has certainly made himself and his attitude toward power known to all of us. It’s simple: he abuses it. We need only to listen to his words and witness his actions to know this. Here are just a couple of examples.

  • On UFC Fighters’ pay raise and benefits, he said the following about unionization:

“It’s never gonna happen while I’m here…Fighters get the pay they deserve. They eat what they kill.” 

“Right now in our society, everybody gets a fucking trophy. Well, this is the fight game, and we don’t give out fucking trophies.” 

Jeanette Zacarias Zapata, an 18-year-old boxer from Mexico, died several days after sustaining head injuries during her bout in Quebec, Canada on August 28, 2021. (Source: CBC News, November 28, 2023).

Professional combat athletes have earned and deserve their so-called “trophies” of fair financial compensation and benefits through the countless gallons of blood they have shed, bones they have in broken, and in many cases, lives they have lost in Mr. White’s octagons and boxing promoters’ rings throughout the world. As long as there are people like Mr. White running the combat sports industry, there will always be a need for professional combat athletes to protect their interests and their families’ interests through union organization. In this essay, I will address the “Why” and “How” for this long overdue undertaking. 

Former boxer Brian Barbosa. Photo: Chuck Metzger

An illustration of this reality is the life of former professional boxing champion, Brian “The Bull’ Barbosa. Through my personal experience assisting Brian, I have come to know the incredible challenges he faced at a very young age. Brian endured extreme poverty and abuse as a child, which drove him to the boxing gym, which in turn resulted in a professional fight career. Although Brian was rewarded for his efforts in the ring with a world championship, he also sustained serious brain trauma and injury, as well as manipulation and mistreatment by the fight professionals who were supposed to be looking out for his best interests. When I first spoke with Brian, he expressed a desire to resume his fight career. When I asked him why, Brian said, “because it’s all I know.” 

On September 21, 2021, Brian courageously shared his story on the Dr. Phil Show. Brian continues to battle the inner demons created by his physical and personal trauma and is currently receiving treatment to exorcise those demons. 

During my conversations and my professional experiences with other combat athletes, they have consistently identified the following two issues as priorities with respect to their fight careers:

  • Brain Health and Brain Injury Prevention
  • Fair and Equitable Distribution of Revenue

The following facts will illustrate the importance of addressing these two areas.

Brain injuries impact any human being’s ability to function on a daily basis, which in turn negatively impacts one’s ability to make a living for themselves and their families. In the past 131 years, 1,878 boxers have died as a direct result of injuries sustained in the ring. This is an average of more than fourteen deaths per year and more than one death each month. Prior to that, from 1740 to 1889, when boxers fought bare-knuckled (a sport which is currently growing in popularity), there were 266 documented deaths (Source: “Death in the Boxing Ring,” by Rupert Taylor). Since MMA’s inception in the mid-1990’s, there have been sixteen reported deaths among MMA fighters directly related to injuries sustained in the Octagon (Source: “How Many Fighters Have Died in the Ring: Boxing and MMA,” by Ross Canning).

A 2015 research study, “Epidemiology of Injuries in Full-Contact Combat,” written by Reider P. Lystad of Central Queensland University, Sydney Australia, found that the proportion of neck and head injuries for the sport of boxing was 84%; 74% for karate; and 64% for MMA. This research showed that Karate had a concussion rate of 19%, Boxing had a concussion rate of 14%, and MMA had a concussion rate of 4%.  Further it showed that MMA had the vast majority of life-threatening or life-changing injuries as a result of heard trauma, while also revealing that professional boxers were: 1) more likely to experience loss of consciousness, 2) more likely to suffer eye injuries (detached retina), and twice as likely to sustain concussions that involved loss of consciousness. This research showed that medical suspensions for boxers were a minimum of twenty-six days, compared to medical suspensions for MMA fighters, which are for an average of twenty days. 

On the question of “why,” many non-fight fans have undoubtedly wondered why they should care about the men and women who choose to participate in a sport where the amount of pain and injury they inflict on their opponents are markers of success, well Walter Mosely summed it like this, “poor men [and women] box because it’s the only choice they have. A poor man [or woman], of any color, is fighting for their life in the ring.  And the only reason they’re fighting for their lives in the ring, is because it’s a little bit safer than fighting for [their] life on the streets of America.”

My own experiences working with professional combat athletes, criminal offenders, and prison inmates, (three categories that way too often overlap) have taught me that desperate human beings without hope will resort to behaviors that endanger the lives and property of other human beings, including non-fight fans, and THAT is why they should care.

An article published online by Huddle Up Magazine on 5/31/23 convinces me that Dana White has taken his greedy, narcissistic sociopathy to a disgusting new level. In that article, it was reported that although the Ultimate Fighting Championship organization’s (UFC) annual revenue increased from $1.03 billion in 2021 to a record $1.14 billion in 2022, the percentage of revenue that the UFC paid to its fighters decreased over that time from $178.8 million to $146 million in 2022. Huddle Up further reported the following comparison between professional sports leagues of the percentage of annual revenue paid to athletes:

MLB-54%

NBA-50%

NHL-50%

NFL-48%

UFC-13%

There is one glaring difference between the UFC and the other aforementioned professional sports leagues that accounts for this immense discrepancy in revenue distribution: the MLB, NBA, NHL, and NFL all have players’ unions.

With respect to combat athlete unionization, the legal question that must be resolved is whether combat athletes are employees of their promoters or independent contractors. On this question, a legal precedent was established by the California State Supreme Court on April 30, 2018, in the case of Dynamex Operations West, Inc. v. Superior Court and Charles Lee, Real Party in Interest (Sources-CA.gov and Wikipedia). In that case, a class of drivers for a same-day delivery company, Dynamex, claimed that they were misclassified as independent contractors and thus unlawfully deprived of employment protection under California’s wage orders.

In a unanimous opinion, the California Supreme Court held that workers are presumptively employees for the purpose of California’s wage orders, and that the burden is on the hiring entity to establish that a worker is an independent contractor not subject to wage order protections. The Court also held that in order to establish that a worker is an independent contractor, the hiring entity MUST prove each of the three parts of the “ABC” test. The three conditions of this test include the following:

  • Part A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
  • Part B: The worker performs work that is outside the usual course of the hiring entity’s business; and
  • Part C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

Now, let’s examine the ABC test as it applies specifically to the combat sports industry. This examination is based solely on the observations and assessment of this writer and not on any Court rulings pertaining to the combat sport industry. Remember, under the ABC test of the Dynamex ruling, if the answer to any of these three tests is “No,” the worker is legally required by California law to be classified as an employee of the hiring entity. 

Is the professional combat athlete (the worker) who is under contract with a promoter (the hiring entity) free from the control and direction of the hiring entity in connection with the performance of the work (i.e., boxing/martial arts bouts) both under the contract for the performance of the work and in fact? 

When a professional combat athlete (the worker) signs a contract with a promoter (the hiring entity), said combat athlete is legally bound to perform his/her work (boxing/martial arts bouts) solely for his/her promoter. Furthermore, the promoter has final say over who and when the contracted combat athlete fights, and the amount of the combat athlete’s compensation for the work performed. Furthermore, the contracted combat athlete is not permitted to perform the work for entities other than the promoter.

There we have it. There’s no need to go further, but I will.

Does the combat athlete perform work that is outside of the usual course of the promoter’s business?

Is the combat athlete customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed?

What does it mean if fight promoters are the employers of professional combat athletes? It means that promoters are legally required to follow employment laws governing working conditions including minimum wages, and all laws pertaining to conditions of employment. It also means that promoters are required to pay taxes for social security, workers’ compensation, unemployment insurance, as well as payroll and unemployment taxes. It could also possibly require promoters to recognize and collectively bargain with a combat athlete union. This premise will be tested when combat athletes organize and petition for a union with the National Labor Relations Board.

I now ask a question to licensed professional combat athletes-boxers, martial arts fighters, and wrestlers-especially those licensed in the state of California: Based on your experiences in the professional combat sports industry, do you honestly believe promoters would voluntarily pay any of the aforementioned fighter benefits? If your answer is what I think it is, then your course is clear!

About the author

Ernest DiStefano

Ernest DiStefano is a former sports agent and Certified Sports Counselor/Pastoral Sports Counselor with the International Sports Professionals Association (ISPA). He has also worked as an Associate Baseball Scout with the Kansas City Royals, Philadelphia Phillies, and the Global Scouting Bureau (GSB). He authored the book, “The Happy Athlete (A Success Guide for Parents, Coaches, and Student-Athletes)”, which was published by Langmarc Publishing in May 2006. Mr. DiStefano has also worked as a manager and mental training coach for boxers and MMA fighters. In addition to his vast experience in the sports world, Mr. DiStefano also has nearly thirty-seven years of professional experience with criminal offenders. He is currently the Founder-CEO of the Comeback Athletes & Artists Network (CAAN, Inc.), a non-profit organization offering assistance to legally at-risk and previously incarcerated athletes and artists who wish to pursue or revive their athletic and artistic careers. Mr. DiStefano holds three college degrees, including a Master's Degree in Human Resources Management. View all posts by Ernest DiStefano →

Comment on “A CALL TO ACTION” – The Case for a Professional Combat Athlete Union

Share your opinion, leave a reply.

Posted in Mic check | Tagged: ,

The Cornel West campaign, third parties and the nature of the moment

By

I have known Cornel West since 1972 when we met during my first year at Harvard.  I have followed him over the years and felt, at points, that I could call him a friend.  That said, his campaign for the Presidency raises some very serious questions regarding both his judgement and what seems to pass for strategy, not only for West, but for many others on the Left and in the progressive movements.  My views are focused on his decision to run and the campaign that he  allegedly is conducting,  rather than on personal allegations raised about him, most visibly in Forbes.

Since the late 1970s, progressives have been largely fighting a rear-guard defensive battle against the assaults from capital and the increasingly brazen political Right.  The public has observed the morphing of a conservative movement into a rightwing populist movement with fascist or post-fascist tendencies.  Though there have been successful defensive fights and periodic offensive victories by progressives, e.g., on LGBTQ, the tendency has remained one of a strategic defensive.

An ideological reflection of the strategic defensive has been the victory of Reaganism through ridicule and dismissing of collective action in favor of individual action and, indeed, individualism and entrepreneurialism.  Even in progressive circles, the obsession with “brand” and individual achievement has become pronounced.  This has worked its way into non-profit circles, where collective or joint action is rarely championed (or rewarded), whereas the uniqueness of each organization or network is applauded…until it is not. Everyone wants their ten minutes in the Sun, even if it leads nowhere.

In this context, a few things became noteworthy.  Victories, when won, became increasingly victories in form rather than substance.  The victories of “representation,” in the sense of historically marginalized groups appearing to break through the glass ceiling is a case in point.  The most obvious example of this was the victory of Barrack Obama in 2008 as President.  It is not that the victory was without historic significance.  Rather, the historic significance dwarfed discussions about program and action, particularly in the first year of his Administration.

The net result is that progressives have become used to losing.  Losing can be glorious, after all.  One can lose by oneself or with others.  One can lose ‘speaking truth to power.’  One can lose and be remembered for having taken a heroic stand.  Regardless, one loses.

The difficulty with winning, or at least attempting to win, is that it can be messy.  Rarely do the advocates for a particular cause, demand, etc., win alone.  Normally, victory necessitates alliances, and alliances necessitate compromise.  As a result, there is no purity in winning even if one wins exactly what one sought to win.

As such, it is easier and more valiant to lose than to win.  In losing, one can hold onto one’s conscience.  One said what needed to be said.  One need not have made any compromises with those less pure.  Nevertheless, at the end of the day, one lost.

Winning necessitates strategy and organization.  It is never about pronouncements alone.  It involves the cultivation of a base that believes in and is prepared to sacrifice for a particular cause or demand.   Winning, except under very unusual circumstances, necessitates the identification of tactical steps necessary to bring about victory.  This might range from increasing pressure to building even broader alliances.  Victory may come quickly, but normally not.  It may, however, come suddenly, sometimes when one least expects it.

And winning must be secured.  Once something has been won, it must not only be defended, but used as a launch pad for additional struggles and campaigns, all with the end of decisively defeating one’s opponents and liberating one’s base.

Which brings us to the Cornel West campaign and other third-party bids during the 2024 election cycle.  What is the essence of such ventures?

If one is interested in building a struggle for power, one does not begin by running a Presidential campaign, and certainly not a campaign with no organized base and no possibility of victory.  If, however, one is concerned more with asserting one’s beliefs and expressing one’s frustration and antipathy toward the existing system, one can view a campaign for the Presidency as an on-going platform to both hear oneself talk, but also to try to captivate and entertain an audience.  Such politics become not the politics inherent in a struggle for power, but the politics of self-expression.  The objective becomes expressing one’s views, anger, etc., rather than seeking to achieve anything.  In effect, it becomes the politics of defeat, in that one has no plan, knows one cannot win, and therefore cries out in hopelessness.

The West campaign and other third parties will virulently object.  They will assert they are taking a stand against the two-party system of the capitalist class; a stand against imperialism; against the criminality of the US support for Israeli genocide.  And they will be correct!  They are.  Yet, they have no plan, nor sufficient organization, to transform their assertions into political power.  Thus, they can only rely on magical thinking in the hopes—and this is a best-case scenario—that their plea to the masses will resonate and result in a great wave of revulsion against the system, thrusting them into office…alone.

Leaving aside, for a moment, that minor parties in the USA have rarely been successful due to the undemocratic nature of the US electoral system, the actions of the Cornel West campaign and other third parties would be comical if less were at stake.  And there have been times when comedians have run for President to make a satirical statement, e.g., Pat Paulsen.

Current third-party candidacies, including West and Jill Stein, either ignore or deny the dangers inherent in the current moment.  West, for instance, acknowledges the dangers of a Trump victory but asserts, in part due to the Israeli genocide in Gaza, there was no difference between Trump and Biden and, apparently, no difference between Trump and Harris.  Stein’s views carry on from the historic and, unfortunately, dogmatic stand of the Green Party on the need for formal political independence from the two-party system.

None of them are coming to grips with the dangers over the horizon.  There is nothing, for instance, on the Harris side that is comparable to the plans of the MAGA movement such as Project 2025, the Heritage Foundation’s hatched idea for a rightwing authoritarian overhaul of the US government.  There is nothing comparable on the Harris side to the proposals that the American Legislative Exchange Council’s ongoing work to advance a Constitutional Convention to alter the US Constitution in favor of business and the Christian Right.  Nothing.

One cannot conclude ignorance on the part of any of these campaigns.  One cannot imagine that any of these campaigns believe that progressive politics and policies will survive a second Trump presidency.  Or perhaps they do?  As many of us have heard over the months, there are those who believe that Trump will not be but so bad and, yes, there will be suffering, but we will come through it.

Who is “we”?  Those picked up in military scoops of immigrants and placed in concentration camps?  Those assaulted or killed should Trump utilize the 1807 Insurrection Act against protesters?  Those killed through the use of paramilitary extrajudicial violence by fascist supporters of Trump?  Workers who lose out when the National Labor Relations Board regresses to the anti-worker animus, or when the National Labor Relations Act is eviscerated?  Women, whose bodies increasingly become the terrain of rightwing, male politicians?  Or, is the “we,” those from the professional-managerial strata who believe they can hunker down and wait for the turbulence to subside?

The politics of self-expression makes three mistakes.  First, it assumes that we can reject the two candidates and, by doing so, a third will ultimately emerge.  Second, that an enlightened leader can emerge without an organized social base and, in the absence of support in Congress, introduce dramatic changes that will bring us closer to utopia.  Third, that the two main candidates will demonstrate the corruption of the current system and will encourage the masses to turn in a revolutionary direction.  Fourth, a Trump victory will allegedly punish the Democrats so that in four years they will pick a better candidate.

What is striking about each of these notions is that there is no historical basis to see any of this happening.  There are, however, plenty of examples where abstention, for instance, has created an opening for a nefarious political force to emerge and win office.  In fact, one can look at Germany in 1932 and see one of the results of a failure to build a broad front to oppose the Nazis because, in that case, the Social Democrats and the Communists so hated each other, they lost sight of what could happen should the Nazis win.

The second and fourth mistakes, though, are the ones that are the most interesting.  The assumption that a third-party candidate, in the absence of organization at the base and any support in Congress could do anything is mind-boggling.  Consider the Obama administration and the difficulties it had in its first two years—when it had majorities but believed it could play adult with Republicans—not to mention what succeeded that after 2010. This thinking evidences the absence of any conception of a fight for power.  It is either magical, or it is yet another example that the politics of self-expression is the politics of defeat.

The fourth mistake is one that is heard frequently.  It is less the politics of self-expression and more the acceptance of the permanence of the system and the inability to conceptualize that a strategy can be constructed that goes beyond pleasing or punishing the existing parties, and instead offers an alternative based on real mass work, organization, and strategy.

It is less important to get inside Cornel West’s head, or the heads of the other candidates, than it is to question not only their intent, but why they garner any attention.  The answer is simple.  Frustration with the system; the fact that the lives of the majority of people are miserable; and a belief that regardless of what we do, nothing will change, leads to treating the November 2024 elections as if it is an election in American Idol, that is, entertainment where the result will be completely irrelevant to the daily lives of the viewers.

Those of us who appreciate the stakes in 2024 must use the coming weeks to point out precisely what the possibilities are.  This is not an election between a hero and a demon.  This is an election where a semi-fascist mass movement, MAGA, seeks to upend constitutional democracy in order to introduce rightwing authoritarianism.  And this upending will be paradoxically quick as well as spaced out over time.  That is the way authoritarians operate.  They almost never clamp down on everyone at once, even in military coups.  There are always parts of the population who believe—hope—they are exempt from repression.  At least until there is that knock at the door…

About the author

Bill Fletcher, Jr.

Bill Fletcher Jr is a longtime trade unionist, international solidarity activist and writer. Author of the 2023 mystery novel "Ash Dark as Night" Author of the mystery novel "Ash Dark as Night" <a href="https://darajapress.com/publication/claim-no-easy-victories-the-legacy-of-amilcar-cabral" title="Claim No Easy Victories:  The Legacy of Amilcar Cabral" Author of <a href="http://www.beacon.org/Theyre-Bankrupting-Us-P916.aspx" title="They're Bankrupting us' - And Twenty other myths about unions" <a href=" https://www.ucpress.edu/book/9780520261563/solidarity-divided" title="Solidarity Divided:  The Crisis in Organized Labor and A New Path Toward Social Justice" Follow me on Twitter [@BillFletcherJr], Facebook [Bill Fletcher Jr.] and at www.billfletcherjr.com Follow me on Twitter [@BillFletcherJr], Facebook [Bill Fletcher Jr.] and at www.billfletcherjr.com View all posts by Bill Fletcher, Jr. →

Comment on The Cornel West campaign, third parties and the nature of the moment

Share your opinion, leave a reply.

Posted in Mic check | Tagged: ,

Profiles in Political Cowardice

By

Fighting effectively for social transformation is hard. Socialists and revolutionaries don’t square off against our class enemies on any kind of level playing field. The country’s political structures are formidable barriers to radical change. We don’t have the luxury of determining the terrain on which we fight or the timetable on which battles will be waged. We have to deal with the specific circumstances shaped by forces far more powerful than we are.

So, we make the best assessment of the landscape and balance of forces that we can, choose a course of action, and then throw ourselves into implementing it. When a particular campaign or stage of struggle wraps up, we look at the choices we made, learn from what we got right and what we got wrong in both conception and execution, and make the next set of tough choices. 

In 2024 the tough choices facing U.S. socialists are front and center. An authoritarian MAGA bloc that incorporates openly fascist elements at all levels of its apparatus is bidding for enough power to impose its white Christian nationalist agenda on the country. The most powerful current in the opposition offers an alternative agenda on numerous important issues but is complicit in Israel’s genocidal war in Gaza and has caved to right-wing fear-mongering on immigrant rights. A general election is approaching whose outcome – especially at the presidential level – will be decisive in determining whether MAGA or anti-MAGA holds federal power for the next four years. Throughout the socialist left – and more broadly in almost every sector of the electorate – people are wrestling with what to do when they enter the voting booth. There is a choice to be made. 

The Tempest Collective was formed largely by former members of the International Socialist Organization (ISO) soon after the ISO disbanded in 2019. Tempest describes itself as “an organizing and educational project. Our goal is to put forward a revolutionary vision that is clear and understandable, that weighs in on strategic and tactical questions, and that offers concrete guidance about how to put a consistent set of working-class politics ‘from below’ into practice today.”

Tempest has published two articles by Collective members on the 2024 elections this month. Let’s see what “concrete guidance” is offered in those pieces. Author Ashley Smith writes:  

“…we must be crystal clear: The two candidates and parties are not the same and it is an ultra-left mistake to characterize them that way. The greater evil is obviously Trump and the far-right GOP. He, not Harris, is threatening the deportation of 13 million human beings and the criminalization of queer people. Harris and the Democratic Party are lesser evils by comparison. But that does not exonerate them of being evil.”

Smith’s article also asserts:

“In this epoch of political instability, socialists must develop a strategic approach to elections. We are not anarchists; we do not dismiss elections as irrelevant to the class struggle. Electoral politics are one of the battlefields of the class struggle.”

Putting those ideas together, the article says:

“…what should the Left do? First of all, we should not argue with individuals about what they do at the ballot box. That is not the key question and debate to have. Instead, we must argue that activists, social movements, and unions should not spend our time, money, and energy campaigning for Harris as the lesser evil.” (The other Tempest article, by Collective member Natalia Tylim, offers the same punchline: “I want to stress that I’m also not going to spend my time or resources arguing with individuals about how they vote as individuals out of their fear of Trump.”)

Wait a minute. The left, and those paying attention to what left groups and leaders think, is debating electoral strategy. That strategy is not limited to – but certainly is commonly understood to include – a stance on who to vote for or against. An electoral strategy that refuses to take a position on who people should vote for is not a strategy; it’s a refusal to make a tough choice. Or in Tempest’s terms, to offer “concrete guidance” to those you seek to influence.

What we have here is a new twist on an old adage:

When the going gets tough, the tough…. change the subject.

The new “Workers Deserve More” program for 2024 recently announced by the national leadership of DSA is similar in essential respects. In a vein similar to Tempest, the program declares:

“We recognize that a second Trump victory would be catastrophic for the international working class. Relying on the Democrats to defeat Republicans isn’t working.” 

In the preamble, the DSA leadership lays out their view of dilemma US voters face and offer their guidance as to how to proceed:

“In the 2024 elections, working people have few good options. In most races, Americans will have the choice between far-right Republicans and corporate Democrats. In both cases, workers lose, and our politicians will remain controlled by their corporate donors, not the ordinary people who voted for them…. Neither major party is capable of advancing a positive program for the 2024 elections that meets the needs of the majority of Americans. That’s why the Democratic Socialists of America (DSA) is presenting a bold alternative course of action. In our 2024 program, “Workers Deserve More,” we hope to bring together millions of people throughout the U.S. to fight for a true democracy where working people have control over their own lives, their government, and the economy.”

What follows is a list of 18 demands/programmatic goals (Medicare for All, Tax the Rich, Free Palestine, etc.).

Again, wait a minute. Isn’t something missing? That list of programmatic goals is good. But aren’t similar lists put forward by many progressive and left organizations? And is fighting for them really an “alternative” to taking a stand on who people should vote for in 2024? Doesn’t the DSA text imply that prospects for making headway toward those goals would be immeasurably more difficult under a Trump administration than a Harris one? Isn’t calling it an “alternative” just another way of saying we don’t like the options so we’re taking a pass on making a choice? What is “bold” about that?

And how about some candor about why no recommendation is being made? Pretty much everyone in or anywhere near DSA knows that members of the organization – including members of the national leadership body – are badly divided on who to vote for in 2024. Is there a reason not to come out and say so? Isn’t one of the hallmarks of “democratic socialism” supposed to be that it rejects the practice of a left organization or party projecting an image of monolithic unity to the working-class public when that is not the case? Where is the credibility in an organization saying it hopes to “bring together millions of people across the US to fight for a true democracy” when it won’t offer any guidance on who workers should vote for two months from now or explain one of the reasons it is sitting this one out?

It’s no secret that I advocate a vote for Kamala Harris in 2024 to prevent the MAGA authoritarians and fascists from taking control of the federal government. I’ve argued in numerous articles and webinars that advocacy of abstention or a third-party vote is a profound error that underestimates the danger of MAGA, misunderstands the way working-class and revolutionary organizations can build political power, and does nothing to strengthen our immediately urgent or long-term Palestine solidarity efforts. (See here, here, here, and here.) But a certain respect is due to those who advocate abstentionism or third-party voting: they put their politics out there and fight for them. That’s a serious way to do politics.

Respect is also due to most issue-based and constituency-based organizations that do not offer a who-to-vote-for recommendation. Matters regarding the specific issue which is their main focus, the sentiments within their base, and/or internal differences in groups whose main focus is not electoral need to be taken into account. And the main thing is that such groups do not promote themselves as offering a revolutionary vision for the US working class or as building a new party that will lead the working class to socialism. 

Organizations that do self-identify that way and issue pronouncements about the tasks of socialists in today’s class struggle have greater responsibilities. They need to be held to a higher standard. Part of their responsibility is to make tough choices, or in cases when they cannot make a choice, straightforwardly explain why. 

There is an unfortunate history of organizations not doing so and, like Tempest and the DSA national leadership today, substituting “bold” radical pronouncements for biting the bullet and making a difficult choice. There is even a term for this practice – “revolutionary phrasing-making” (or “the revolutionary phrase”) – coined by none other than V.I. Lenin:

“Revolutionary phrase-making…is a disease from which revolutionary parties suffer…when the course of revolutionary events is marked by big, rapid zigzags. By revolutionary phrase making we mean the repetition of revolutionary slogans irrespective of objective circumstances at a given turn in events, in the given state of affairs obtaining at the time. The slogans are superb, alluring, intoxicating, but there are no grounds for them; such is the nature of the revolutionary phrase.”  

“Superb, alluring, intoxicating…” – perfect for battles on twitter or Facebook and the publication of “bold” programs. Unfortunately, outside of actual revolutionary situations, practicing working class politics usually involves making choices between less-than-ideal options. No radical organization or party will get those choices right every time. But organizations with an aversion to choosing, and especially those that encase their taking a pass in clouds of radical rhetoric, are avoiding rather than engaging with objective circumstances and are traveling a dead-end road.

Book Review: Ground Wars – Personalized Communication in Political Campaigns Rasmus Kleis Nielsen – 2012 Princeton University Press

By

Friends and comrades are deploying to battleground states that will be determinative in this year’s Presidential race

Harris will win the popular vote, as Biden did in 2020, but the undemocratic electoral college means that the election will come down to a few thousand votes in states like PA, MI, NEV, AZ, GA and Wisconsin. Therefore, the anti-MAGA majority needs to be motivated and mobilized to vote. The always insightful political analyst Michael Podhorzer keeps saying that the deciding factor is “not the margin of error but the margin of effort” That means that the difficult and often distasteful work of phoning and door knocking is crucial to victory.

Guidance and insight for this work comes from a remarkably surprising place: a Danish Sociologist named Rasmus Kleis Nielsen. In 2008 he embedded himself in two Congressional campaigns: New Jersey Democrat Linda Stender and Connecticut Congressman Jim Himes. Hours of door knocking, phone banking, letter writing and observation of the mechanics of a campaign are reflected in the most evocative description of my own experience in on the ground electoral politics. The book is peppered with episodes describing phone calls, encounters on the doors, or discissions with campaign staff and volunteers.

The book describes three important factors necessary to understanding the “Ground Wars”:

  1. Temporary Infrastructure – In the earlier days of “machine politics” there were permanent functionaries at the local level, often patronage jobs, who functioned as frontline communicators. Today’s local party apparatus is called into being for a fixed time leading up to the election, often including a primary contest and then the general. By definition and necessity these short-term positions are filled by recent college graduates and folks who can afford committed short term employment.
  2. Coalition forces – There are the official campaigns of the Party and then there are the Independent Expenditure (IE) operations and the work of organizations like labor unions. The IE work cannot cooperate or coordinate with the campaign by law, and the unions are forbidden from using paid staff and resources to reach anyone but their own members – a limited pool when unions represent only 6% of the private sector workforce.
  3. Volunteers – Every campaign wants volunteers en masse but coordinating them and dovetailing their often spotty and uneven efforts with that of paid staff is very challenging. Sometimes they think they “know best” and they can be a major irritant.

I thank my longtime friend Henry Hardy from Greenfield, MA for turning me on to Ground Wars. He will be deploying to PA for 5 weeks during the general election. He said the book helped him to avoid becoming a “pain in the ass prima donna second guessing the work of the campaign structure” I came away feeling the same way after reading the book.

I have worked elections every two years since 2016 and as a long-time labor organizer have had certain criticisms of campaign functioning involving basic training and logistics issues. Campaign staffers with little direct experience to lean on train up door knockers, and phone bankers on endless scripts that will not last a minute out on the hustings. Logistics planning can also often be lacking. In 2022 I drove 21 miles for a literature drop in Fullerton, California at 5:30 AM and found out I was the only one there and that the staffer who had sent me there had forgotten to tell me that the drop had been called off. I have learned however to keep my mouth shut in most instances, and Ground Wars was a big help for my psyche in avoiding carping on the campaigns.

Here is Henry’s brief excellent roundup on the book:

“This is a great nitty-gritty description of the contemporary “ground war” in American electoral politics. Nielsen likes to refer to it as “personal political communications” because he likes to view it as one of the main political media (along with direct mail, broadcast/cable advertising, internet advertising, social media communications, and free media coverage). He sees it as making a comeback since the early 90s (volunteer activity up from 2% of the adult electorate to 4%), and as working (estimates one in every 14 door knocks brings an additional voter to the polls). He also makes it clear how boring and stressful the work is for most involved, consisting as it does almost exclusively of cold-calling and door knocking to persuade the persuadable and get the “lazy faithful” to the polls. He also does a great job of outlining the complex improvised organizational “structure” of the ground game, which (in order to be most effective) requires the coordination of various parties, campaigns, allied activist groups, and differently motivated volunteers and wage workers”

It is not too late to get a copy of Ground Wars to read at night after a long day on the doors beating Trump and fighting for democracy. 

.

For more on working and working on the elections, read the series on the Stansbury Forum:
Why I Keep Coming BackThere Are Many …, and Knocking The Doors #1: Working in CA45th CD

About the author

Peter Olney

Peter Olney is retired Organizing Director of the ILWU. He has been a labor organizer for 50 years working for multiple unions before landing at the ILWU in 1997. For three years he was the Associate Director of the Institute for Labor and Employment at the University of California. With co-editor Glenn Perušek they have edited Labor Power and Strategy by John Womack Jr and available now from PM Press View all posts by Peter Olney →

Comment on Book Review: Ground Wars – Personalized Communication in Political Campaigns Rasmus Kleis Nielsen – 2012 Princeton University Press

Share your opinion, leave a reply.

Posted in Mic check | Tagged: , ,

Why I Keep Coming Back

By

Some might think I’m crazy, but to me it’s thrilling, because it’s one of the best examples of what a union can do.”

This year I am spending several months of my retirement with the UNITE HERE election campaign in Reno, Nevada, heading its volunteer operation, something I have done now for four election cycles. Why would I volunteer for 12 hours a day, in 100 degree weather in the summer, and snowy conditions in November? Some might think I’m crazy, but to me it’s thrilling, because it’s one of the best examples of what a union can do.

UNITE HERE in Nevada, known as the culinary union, represents more than 60,000 hotel and food workers in the Las Vegas area, and several hundred in Reno. By all accounts, its canvassing operation is a game-changer in Nevada politics. While the Las Vegas area is reliably blue, and the state’s rural counties are reliably red, the Reno area is roughly a third Democrat, a third Republican, and a third independent. So the Reno area swings the state. Every vote really counts.

UNITE HERE’s canvassing operation in Nevada is second to none. I’ve participated in and even led political campaigns in past decades in battleground states, but none compares to the strategy and rigor of the culinary union’s operation. UNITE HERE targets certain voter populations and mobilizes its members to knock on doors. The members are housekeepers, waiters, cooks, and bartenders, and most of them are people of color. Many of them are already leaders in their workplaces, but some are rank and file workers who have been selected by their union as future leaders. They come from as far away as Alaska, New Jersey, and Texas. When they reach Reno, the union trains them to step out of their comfort zone to speak to total strangers, tell stories about what matters to them personally, listen to different points of view, and then advocate for working people’s best interests.

In the Reno environment, this is not always easy. In certain neighborhoods Trump signs create a hostile environment where some residents are scared to open the door and say what they think. African American canvassers may encounter harsh racism, and have been threatened by gun-toting residents. Latino immigrant canvassers may be treated as if their voices are not as valuable as those of native-born people. When these kinds of problems arise, they are brought up in morning and evening team meetings, where canvassers analyze the problem and recommit to build strength together.

Though I sometimes help with training canvassers, my main role is to coordinate the volunteer effort, where friends and allies of the union knock on doors in a parallel effort to the union’s. For the past two cycles we have partnered with Seed the Vote, a network of progressive groups that sends volunteers to battleground states. This year more than 1000 volunteers will knock on over 100,000 doors in Reno. You can join us and donate to our effort by going to “Donate to Seed the Vote”.

Over the many years that I have spent volunteering with UNITE HERE in Reno, I have witnessed many members come forward and take on increased leadership, both on the campaign and in their workplaces. They go home and treat their workplaces like their political “turf,” using the organizing skills they learned in Reno. As individuals these members have become empowered, and collectively these new leaders have made the union more powerful.

That’s why I keep coming back.

There Are Many …

By and

Taken in Maricopa County, AZ. during the 2020 presidential campaign and modified this month to reflect the 2024 campaign. Photo: Peter Olney

It is time to stand up and take action this year more than ever to stop Maga extremism. Even if you have never engaged in electoral politics before, there are many easily accessible options available for everyone. 

Direct person to person to contact has been shown to be the most effective means of convincing people to vote. There are many grassroots organizing groups, like Swing Left and Seed the Vote, that will help you find the best fit for you. I need specific answers to the issues below before I make a commitment to canvass:

  • Is the race winnable for the Democrats? Will it be a close election? Is the race in a swing district that could have national implications? 
  • Does the candidate have positions that are aligned with my politics?
  • Is the location close enough to my home to make it affordable for my budget? Is transportation provided? Do I have family or friends who could provide lodging for me? 

Personally, I will be canvassing for Josh Harder in Congressional District 9, Rudy Salas in Congressional District 22, Derek Tran in Congressional District 45, and Harris/Walz and Senator Jacki Rosen in Nevada.

Phone bank 1988. Wall Street, NYC. Photo: Robert Gumpert

I actually enjoy phone banking a lot. It takes just one positive interaction with a potential voter to “make my day!” All the campaigns use predictive automatic dialing now so you no longer need to wait endlessly for someone to answer. It can be done virtually on Zoom or in person in some locations. Training with an easy to follow script is always provided beforehand. Volunteers are needed who are multi-lingual… 

I also have friends who do not feel comfortable speaking directly to voters. So, they choose to send blast texts to people’s cell phones that can reach thousands of voters. For more information, check out: http://www.mobilize.us/

I try to participate in phone banking 1-2 times a week for a couple of hours each time.

My wife, Trinidad Madrigal, has been prolific in organizing postcard writing parties with her friends every other week. She enjoys the camaraderie that occurs naturally as people share their stories while writing personalized invites to voters to become engaged. Given all the junk mail we receive, it is amazing that a handwritten postcard will always be perused. Sometimes, the postcard parties are held in people’s homes, and other times, a local brewery or taqueria agrees to host the event. Regardless, food and drink are always involved. If you want to attend or organize such a party, go to: http://www.mobilize.us/

There are so many close races that need your support. We decided to send money to Democratic candidates in close races who need to win in order to maintain control of the Senate and create a firewall just in case. Go to: Swing Left, Seed the Vote

The bottom line is we all need To Do Something! Just think how we will all feel when we wake up on November 6th!

This is what happens when we all chip in and work for a better outcome.

In Solidarity

Knocking The Doors #1: Working in CA45th CD

By

Today the Stansbury Forum’s co-editor Peter Olney pens a reflection on door knocking for our future.

Christina Perez and Peter Olney are door knocking for Derek Tran in the OC. Derek Tran is the Democrat running for Congress in California’s 45th congressional district. Photo: Peter Olney

Many friends, family and comrades are heading to election work in battleground states where the Presidential election will likely be won or lost. As it was in 2020, the difference between winning or losing will be by a few thousand votes!

2020 in Maricopa County AZ. Photo: Peter Olney

I was in Maricopa County, Arizona in 2020 knocking on doors for Joe Biden in 95-100 degrees. He won Maricopa, and so goes Arizona. and so went the Presidential election.

This year, as in the midterms of 2022, I am headed to Orange County, California – the OC – where we have the chance to  pick up two House seats: CD 45 and 40. Because  Katie Porter (D) (CA) vacated her seat to run for Senate, now we need to defend that seat (CD 47) as well. My principal focus will be on the 45th CD, a seat presently held by MAGA partisan Michelle Steel. 

In 2022 we were able to motivate a substantial number of members of my union, the International Longshore and Warehouse Union (ILWU) to work on the campaign of her opponent Jay Chen. Steel caught our attention and our ire because she sponsored legislation to put the ILWU and other maritime unions under the Railway Labor Act. She did this during our negotiations for a new contract signaling that union strength should be handcuffed in the “national interest”.

We lost by 6% in 2022 in a district that Biden carried in 2020 by 6%. This time we have new energy at the top of the ticket and a Vietnamese American lawyer and small businessman named Derek Tran as a candidate. This district, which feathers its way down from southern LA County east of the beaches, west of Anaheim and Santa Ana, is the home to the largest concentration of Vietnamese outside of Vietnam.

In November of 2023 and July of 2024 the ILWU sponsored day long trainings on door knocking and direct contact for our members. Now those volunteers will be deployed to the OC as part of flipping the House of Representatives!

A pumpjack pulls crude from a well in a residential neighborhood of Signal Hill, California. Photo: Peter Olney

One of our retired longshore members was kind and committed enough to provide Christina Perez and I an apartment in the  City of Signal Hill. This is a “short” LA commute to campaign HQ in Placentia and Westminster in the OC.. Signal Hill is a fascinating place. As its name suggests it is on a hill completely surrounded by the City of Long Beach. There are a little over 10,000 residents and there are still active oil derricks pumping black crude. The derricks are surrounded by residential neighborhoods, and some of the luxury housing would put Beverly Hills to shame. Oil was discovered here in 1921 and the City was incorporated separately from Long Beach to avoid pesky and bothersome corporate regulation. (For a modern day riff on this idea read “A Libertarian Fantasy in the Tropics” on the Stansbury Forum.)

LA never disappoints. On Labor Day there was a big union/labor march in the harbor with contingents of over a thousand workers from the Carpenters and Laborers unions, both Latino immigrant powerhouses, and smaller yer impressive contingents from the ILWU and Teamsters. 

Here is the class and demographic diagnostic. The next day, the LA Times published a photo of SAG AFTRA members marching with a caption and no story. The Spanish language paper La Opinion, a subsidiary of the Times published a giant front page photo of the Laborers’ contingent with a headline: “Fuerza Sindical”. Inside there were three pages of photos and story. Can we guess the demographic targets of the two papers?

The dynamism of LA labor captivates me and of course this is the 2nd largest Metro region in the country and it is an economic and political power house. How ironic that the Governor, the Speaker Emerita, a first class Machiavellian  pol, and  last but not least, the Presidential nominee, all hail from the small City of 800,00 and 49 square miles by the bay: San Francisco! 

We have already scheduled a phone bank for our ILWU retirees to call ILWU members in the OC. (For how it worked in 2022: The Union Difference Behind the Orange Curtain – Working the Mid-terms in Little Saigon.) Two Saturday mobilizations are scheduled for the Tran campaign.The work begins in the midst of a brutal heat wave. Drink lots of liquids, brave the freeways and let’s bring home a victory in November, 2024

A Libertarian Fantasy in the Tropics

By

Do you find that right-wing proposals to shred our country’s social safety net to pieces and to unburden giant corporations from regulations that protect the environment, worker’s rights, health and safety, and so forth, to be scary?  If so, you should look at experiments being tried in Honduras — experiments that make anything being tried here look like half-hearted amateurish measures.  

In early January 2024 I joined a delegation of U.S. and Canadian citizens on a nine-day trip to Honduras that was sponsored by the Cross Border Network and supported by other groups that were also members of the Honduras Solidarity Network (also a sponsor).  The purpose of the tour was to learn about the effects that our multinational corporations and governments were having on this country, which is the poorest of all the Central American countries.  

I learned a lot about Honduras and the perilous existence of many of its residents, be they laid off and injured workers in a local “maquiladora,” racial minorities, trade union leaders (the country recently earned the dubious distinction of having the highest percentage of its union leaders murdered), and in general a country traumatized by a 2009 coup by the military.  But nothing I saw or heard left as lasting an impression as something I had never heard of before: special economic zones known as ZEDES (Zones for Employment and Economic Development) that are designed to bypass or evade almost any form of democratic or governmental control over the behavior of those investing in them.  We visited and saw up close the country’s most advanced ZEDE, named Prὀspera, on Roatan, a Honduran island off the north coast.  

How a ZEDE is defined seems to depend a lot on who is doing the defining.  Fans of ZEDES describe them as being massive job creators and prosperity generators due to their cutting unnecessary and job-killing government regulations.  Detractors tend to define them as the hyper-capitalist embodiment of right-wing fantasies that empower wealthy owners to evade taxes, mistreat workers, and despoil the environment.  

The Prὀspera ZEDE is the country’s most ambitious of the three chartered under the previous government.  It has the following features:   

  • While it remains subject to Honduras’s constitution and criminal code, for non-criminal legal matters the ZEDE has its own civil law and regulatory structure.
  • The ZEDE civil disputes are handled by an extremely flexible arbitration structure designed to enforce the laws of whatever country a ZEDE business chooses to place itself under (in other words, it could be enforcing the labor laws of Slovakia or any other country from a list of permissible countries to suit the self-choice of any ZEDE enterprise).  
  • The administrative governance of the ZEDE is handled by a Technical Secretary (TS) who is responsible to and is overseen by a primary governing body known as the Council of Trustees (see below).  
  • Honduras Prὀspera, Inc. is a private company that owns the ZEDE.  It sits on Prὀspera’s Council of Trustees (aka “The Council”) and has veto power over it.  The Council is composed of nine individuals, five elected and four appointed by Honduras Próspera Inc. (Those “elected” are chosen by a complicated process that gives landowners more votes depending on the size of their land plot.)  Decisions to change any of these arrangements must have a 2/3 majority, or 6 of the 9.  (This means that Honduras Prὀspera Inc. holds a veto over any changes.)  The Council is the primary governing body; it has a private police force and its own tax system, with extremely low tax rates.
  • A non-elected Committee for the Adoption of Best Practices (CAMP) oversees the Council and has the power to approve all internal regulations and to provide policy guidance.  It was appointed by the corrupt Honduran government that initially pushed through the ZEDE law (and whose president at the time, Juan Orlando Hernandez, has subsequently been found guilty of narcotrafficking and was sentenced to 45 years in a U.S. jail in June 2024).  Nine of CAMP’s members are from the U.S.; only four come from Honduras.  CAMP fills its own vacancies, ensuring no political influences can change its orientation or trajectory.  
  • All basic services that a government normally provides or regulates, such as water, electricity, education, healthcare, etc. are provided by private entities that contract with the ZEDE Council to provide them.  

Looking at the above bullet points, it should be obvious that any normal “government” with governmental powers is basically absent in Prὀspera.  Virtually everything is privatized.  Anything a government would typically do is to be provided through a private contract either between private citizens and private companies or between a “private government” controlled by a for-profit company based in the U.S. (Honduras Prὀspera Inc.).

The income tax is nominally 10% but since only 10% of business income is taxed, the effective business income tax rate is 1%.  Tax avoidance is a major incentive to invest in Prὀspera.  Matters of justice are also addressed through contracts and a private arbitration dispute resolution system.  There is no room for any kind of welfare measures of a public nature.  

In other words, the Prὀspera ZEDE aims to be the embodiment of an economic libertarian’s dream: almost total absence of government and taxes, with all relationships between people and people-created organizations to be governed only by signed contracts.  Market relations and enforceable contracts constitute the entirety of economic interactions.  Any kind of governmental intervention to regulate the behavior of private corporations are to be eliminated or at least reduced to the maximum extent possible.  

The allergy to government regulation even extends to the ZEDE’s currency: the official currency of Prὀspera is the cryptocurrency Bitcoin. Bitcoin is not issued by any government and theoretically is not subject to any regulation by any government.  (This combination of Bitcoin currency, virtually non-existent regulation, and virtually no taxes would seem to make Prὀspera a perfect candidate for money laundering and other illegal financial activities.)  

ZEDES are a product of a military coup in 2009.  In 2006 Manuel Zelaya became president following a November 2005 election.  Although he came from the landed aristocracy, Zelaya increasingly moved left after his election, increasing the minimum wage by 80%, reducing bank interest rates, providing free electricity to the very poorest residents, and shifting the country’s foreign policy toward allying all Latin American countries into a common block to escape U.S. domination as well as forming friendships with Cuba’s Raul Castro and Venezuela’s Hugo Chavez.  During his administration poverty declined by 10% in two years.  

The Honduran elite families that owned much of the country’s land and wealth found Zelaya’s policies to be intolerable, as did the military and apparently U.S.  policymakers.  A military coup in June 2009 deposed Zelaya and deported him to Costa Rica. The U.S. government did not insist that he be returned to power.  Instead, the U.S. supported new elections proposed by coup-leaders, and the consequent conservative/right-wing governments that were installed through widely criticized and rigged “elections” brought about the country’s ZEDE law.  Porfirio Lobo Sosa, president from 2010-2014 attempted an initial ZEDE law, but it was overturned by the country’s Supreme Court as unconstitutional and a violation of Honduras’s sovereignty.  A majority of the Supreme Court justices were then dismissed, and a new more pliant Supreme Court approved a second slightly amended version which was implemented under the rule of Juan Orlando Hernandez (generally known as JOH – pronounced like “hoe”), Lobo’s conservative/right-wing successor who ruled from 2014 to 2022.  (As alluded to previously, JOH was convicted in the U.S. of narcotrafficking and weapons-related charges, along with Lobo’s son Fabio, JOH’s brother Tony, and JOH himself but that is a side-story to this brief history of the genesis of ZEDEs.)

After JOH’s National Party lost the 2021 Presidential elections to Xiomara Castro, wife of ousted former president Manuel Zelaya, her new government passed legislation abolishing the ZEDE law and attempted to dismantle the three existing ZEDES.  This attempt to get rid of Prὀspera and other ZEDEs is being resisted, as will be related in a later section. 

The leaders of our delegation had arranged for us to visit Prὀspera to see for ourselves what a ZEDE actually looks like.  Prὀspera carefully guards who is allowed in (the public is not necessarily allowed to enter), so we had to fill out long and detailed questionnaires about our occupations, purpose in visiting, addresses, etc. before we were allowed in.  By filling out these forms, we became “e-residents” of Prὀspera – to this day I receive communiques asking me to report the income I made in the last year within the ZEDE (which for me is of course nothing) for purposes of accounting and registration. 

My first impression was not all that favorable.  There is a very rough dirt road leading to the ZEDE; it certainly did not give the sense that a lot of commerce of a physical variety was entering or leaving the place.  I know that a semi-finished resort is being constructed in Prὀspera and that residential and commercial construction is planned, but I didn’t see much of this.  On the other hand, it is located on the northern coast of Honduras and has breathtakingly beautiful views of the sea, and for that reason alone could easily be a prime candidate for tourist development.  

We got to meet two of the most important people involved in running Prὀspera.  Ricardo Gonzalez is the Assistant ZEDE manager.  And Jorge Colindres is the Technical Secretary in charge of its overall operations.  Both spoke perfect English and were educated in the U.S. They both spoke to us at some length, especially Colindres.  

Both Gonzalez and Colindres are fervent believers in ZEDEs and the philosophy underlying them.  They claimed that Prὀspera either had already or would soon attract carpentry businesses, export services, private education companies, restaurants, real estate firms, finance tech companies, medical clinics, and much more.  Colindres called it a “Hong Kong in Honduras.” 

Colindres noted that Honduras Prὀspera Inc. is a private U.S. company that created the ZEDE as a “platform for investment.” And he claimed that those investments would create prosperity for all and lessen or eradicate poverty.  He (correctly) noted the widespread corruption in Honduran society and (dubiously) claimed that the ZEDEs would somehow be immune to such corruption.  Everything is to be governed by binding contracts that individuals voluntarily sign, and these are enforceable by arbitration proceedings taken to the Prὀspera Arbitration Center (PAC) or else the business-oriented International Centre for Dispute Resolution (ICDR).  This he claimed would settle disputes in a clean way that ordinary laws and regulations would not.  

When pressed on the need for some form of regulation to prevent harmful “negative externalities” to others, he did concede that some form of controls is necessary and mentioned that according to the ZEDE’s charter ten industries in Prὀspera are not entirely free of oversight.  I got five of these down in my notes:  banking, healthcare, education, restaurants, and construction.  How are these regulated?  A company operating in any of these industries can choose its own regulations from those of 36 different countries.  Thus, you could have a restaurant operating under the laws and regulations of, say, Estonia, while a restaurant across the street was governed by the laws and regulations of Brazil.  It would be up to the owners of each restaurant to decide.  Enforcement would be strictly by arbitrators deciding any disputes.  Outside of the 10 industries there would be no regulatory control over the behavior of businesses or investors beyond any individual contracts they may sign.  

Our delegation peppered Mr. Colindres with skeptical questions about the absence of regulatory control over especially big businesses.  The most interesting thing about his answers is that they fell into two categories.  The first category was a variant of the “trust me” justification.  Since he is the Technical Secretary and hence the chief administrator of Prὀspera, he had the power to see that things were done properly, and he would never allow any violations of human rights or undue power for moneyed interests: we could count on it.  

Second, he claimed (oddly enough for someone praising freedom from government) that many of our worries were addressed by Honduran government regulations that do apply to the ZEDEs.  For example, he stated that the Honduran minimum wage (currently ranging from $1.94       US to $2.77 US per hour in manufacturing depending on the number of workers) applied to Prὀspera, so workers could not receive egregiously low payment.  (He also claimed that Prὀspera’s charter requires payment 10% above the minimum wage.)  Finally, he stated that if no other law or regulation applied to a business or industry, the prevailing standard would be “common law” enforced by the arbitrators, so the absence of firm written laws or rules should not be troubling.  

A final guarantor of fairness is the fact that businesses operating in Prὀspera have to have insurance, he claimed.  Since insurance companies do not like to make big payouts, they will protect worker rights, the environment, and the like, by refusing to insure companies taking shortcuts in these and other areas.  (I found this claim to be especially ludicrous given the track record of U.S. medical insurance companies that raise their premium rates if they have to make a big payout, rather than cancelling coverage or pushing a company to reduce risk.)  

Wandering around the room where we were given the lecture by Colindres, I found some interesting things.  One was a money changing machine to convert other currencies into bitcoin and vice versa.  (I regret I did not get a picture of this machine.)  Also interesting were posters and books for sale that were inside bookcases. For example, here are some stickers photographed from one of the laptop computers sitting around the room: 

Note the many stickers boosting bitcoin currency as well as the “Less Marx, More Mises” sticker.  Karl Marx is of course well known; the “Mises” refers to Ludwig Von Mises, the libertarian Austrian American thinker who argued that any governmental intervention in the economy would inevitably be for the worse.  

The books for sale that were inside wall cabinets were also interesting.  I’ll start with two children’s books which are take-offs from well-known children’s books in the U.S.: 

Goodnight Bitcoin imitates one of the best-known children’s books of all time:  Goodnight Moon.   If you Give a Monster a Bitcoin emulates the beloved children’s book If You Give a Mouse a Cookie.  I guess it’s never too early to begin inculcating into the mind of a child the individualist libertarian mindset necessary to make a currency free from any government seem plausible.

Then we come to the adult books.  As you might suspect, they were all right-wing libertarian tracts.  Here are a few pictures:  

Note especially both the foundational book of this type, Von Mises’ The Theory of Money and Credit and a very recent book by modern billionaire and well-known anti-government crank Peter Thiel, Zero to One.  

One more picture gives you the flavor of the books favored by and hawked by the Prὀspera ZEDE:  

I had to include this picture because it shows perhaps the most famous individualist/libertarian book of all time:  Ayn Rand’s Atlas Shrugged.  This book has sold many millions and is still selling briskly 70 years after it was published.  I also found the title of the book on the far left to be astounding: making a moral case for maintaining fossil fuels.

Our delegation’s trip into the libertarian paradise came at a time when it was in peril, as it still is.  This is the subject of the next section.  

As noted previously, a reform government led by former first lady Xiomara Castro took power in January 2022 after a November 2021 election.  Castro immediately reversed the trajectory of her conservative predecessors.  She stopped a wealthy landowner from evicting indigenous people from land south of the capital, citing indigenous rights.  She banned new open pit mining to protect the environment, introduced reforms to the tax system that close tax loopholes for the very richest (these tax reforms have not yet passed Congress), made electricity free to the poorest residents who used small amounts of it by billing the biggest users, and took other measures favoring those less well off.  

In May 2022 she presented to the Honduran Congress legislation abolishing the ZEDE law.  It passed unanimously, with parties from the left, right, and center all supporting it. This move was immensely popular in the country; mass demonstrations had been held opposing the existence of ZEDEs.  

Amnesty International of the Americas lauded Castro’s move because they asserted that ZEDEs threatened the human rights of Honduran residents. But Honduras Prὀspera Inc. immediately filed a charge against Castro’s government with the International Centre for the Settlement of Investment Disputes (ICSID), a business-oriented arbitration mechanism set up by the World Bank to protect foreign investors as an Investor-State Dispute Settlement (ISDS) mechanism for cases like this.  They demanded $10.8 billion for the estimated loss of expected future profits from the Prὀspera ZEDE.  That amount equals approximately two-thirds of Honduras’s annual state budget; it would cripple the country if the plaintiffs should prevail. 

Two treaties with the United States commit Honduras to use this ISDS arbitration system to settle disputes with investors: the Dominican /Republic-Central America Free Trade Agreement (CAFTA-DR) and a U.S.-Honduras Bilateral Investment Treaty (BIT). Castro had declared in her campaign that Honduras would withdraw from these two treaties, but the government has not left either CAFTA or BIT to date.  She resisted sending a government representative to the arbitration proceedings that were set up to hear the Prὀspera claim before the ICSID.  But eventually she was forced to send a lawyer to the proceedings to represent Honduras.  This lawyer argued that private companies had to exhaust national legal remedies before coming to the ICSID tribunal, but this argument has not been accepted. 

Eighty-five prominent international economists signed a letter in support of Castro’s move to withdraw from the ICSID, stating, 

We economists from institutions across the world welcome the decision by the Honduran government to withdraw from the International Centre for Settlement of Investment Disputes (ICSID).  We view the withdrawal as a critical defence of Honduran democracy and an important step toward its sustainable development. 

U.S. politicians have weighed in on both sides of the dispute.  Senator Elizabeth Warren (D-Massachusetts) and U.S. Representative Lloyd Doggett (D-Texas) rallied over 30 Congressmen to write U.S. Secretary of State Anthony Blinken asking that he intervene on the anti-ZEDE side.   U.S. Senators Bill Haggerty (R-Tennessee) and Ben Cardin (D-Maryland) asked Blinken to do the exact opposite.  

Legally the case is tangled and murky: Can Castro unilaterally (without congressional authorization) pull out of these treaties?  Can the Prὀspera ZEDE lock in its own existence because it signed a 50-year treaty with Singapore while existing Honduran law guarantees protection of such treaties for a decade?  While new ZEDEs are clearly illegal since the ZEDE law was rescinded, can existing ZEDEs also be eliminated retroactively?  Answers to these questions are ambiguous at the present time.  

Even more important, where does the U.S. government stand on the issue?  Since the U.S. has almost-complete hegemony over what happens in a small and poor Central American country like Honduras, where it stands is crucially important.  The Biden regime has talked out of both sides of its mouth.  Former president Biden fulminated against Investor-State Dispute Settlements (ISDSs) and vowed to not include them in any future trade agreements.  In contrast, Laura Dogu, the U.S. ambassador to Honduras, has strongly endorsed ZEDEs and Prὀspera in particular.  She sharply criticized Xiomara Castro’s abolition of the ZEDE law, stating that such “actions are sending a clear message to companies that they should invest elsewhere, not in Honduras.”  The U.S. State Department issued a similar statement, criticizing Honduras for having an uncertain “commitment to investment protections required by international treaties.”  

Rightwing libertarians around the world are attempting to erode and virtually erase governmental measures that protect both people and the environment from corporate misconduct and unrestrained capitalism. Thus, the most important lesson we can learn from the Prὀspera case is that we must remain vigilant worldwide.

To fight the good fight only domestically is to leave us all more vulnerable on a worldwide scale to a dystopian future of unrestrained selfishness, ever-growing inequality, and the consequent authoritarianism and militarism needed to hold down the subject peoples and to keep them from emigrating to wealthier countries like the U.S. In addition, Honduras and similar countries are laboratories for what might be done domestically in the future. This battle must be fought especially sharply in those areas of the world most lacking in resources needed to fight for and sustain a more humane cooperative and people-oriented society.  Places like Honduras.  

Here in the United States an urgent need is to demand that the administration not only vow to keep ISDS measures out of all future trade agreements (as the President has pledged to do) but take them out of all existing trade agreements. Fortunately, there is already action being taken by citizen groups and members of Congress to do just that.  This move could use our help.  

Congressmembers Linda T. Sanchez (D-California) and Lloyd Doggett (D-Texas) have marshalled 47 members of the House of Representatives to sign a letter to Secretary of State Anthony Blinken and U.S. Trade Representative Katherine Tai demanding that ISDS measures be taken out of CAFTA-DR and other such economic and trade agreements.  This letter has been endorsed by Public Citizen, AFL-CIO, Greenpeace, Sierra Club, Pride at Work, Unitarian Universalists for a Just Economic Community, Honduras Solidarity Network, Oxfam America, Progressive Democrats of America, and a number of other groups.  

We can aid this cause.  If your Congressperson in the House has not signed on to this letter, we can pressure them to do so.  If they have signed it, we can thank them for doing so and also write to our Senators to demand that they also sign on to this or an identical letter in the Senate. We can also ask the organizations we know and are affiliated with to endorse this letter, get their members to publicize it and contact their congresspersons, and so on.  

Here are the materials you need to take action: 

I’m enclosing the entire letter below (minus the 47 Congressional signatories), just for those who lack online access and are only able to read from paper copies.  

 March 21, 2024

The Honorable Anthony Blinken                                              The Honorable Katherine Tai

Secretary of State                                                                         U.S. Trade Representative

Department of State                                                                   Office of the U.S. Trade Representative

2201 C Street N.W.                                                                       600 17th Street N.W.

Washington, D.C. 20520                                                             Washington, D.C. 20508

Dear Secretary Blinken and Ambassador Tai,

We commend the administration’s commitment to a “worker-centered” trade agenda that uplifts people in the United States and around the world and helps promote our humanitarian and foreign policy goals. We particularly appreciate President Biden’s opposition to including investor-state dispute settlement (ISDS) mechanisms in trade and investment agreements, which enable foreign companies to sue the U.S. and our trading partners through international arbitration.

On a bipartisan basis, Congress drastically reduced ISDS liability from the U.S.-Mexico-Canada Agreement (USMCA) because ISDS incentivizes offshoring, fuels a global race to the bottom for worker and environmental protections, and undermines the sovereignty of democratic governments. However, the U.S. has more than 50 existing trade and investment agreements on the books, most containing ISDS, including the U.S.-Central America Dominican Republic Agreement (CAFTA-DR) which entered into force in 2006. We urge you to offer CAFTA-DR governments the opportunity to work with the U.S. government to remove CAFTA-DR’s ISDS mechanism.

While there is no evidence that ISDS significantly promotes foreign direct investment, there is ample evidence that the abuse of the ISDS process harmed the Central America and Caribbean region. Multinational corporations have used ISDS to demand compensation for policies instituted by governments in CAFTA countries, undermining their democratic sovereignty and, often, harming the public good. For example, foreign companies have targeted labor rights, environmental protection, and public health policies.This ultimately works to counteract U.S. government assistance intended to address the root causes of migration from the region.

For certain Central American and Caribbean countries, even a single ISDS award (with some claims in the hundreds of millions or billions of dollars) could destabilize their economy, as limited fiscal revenues are diverted from critical domestic priorities to cover legal defense expenses, tribunal costs and damages. According to public sources, taxpayers in CAFTA-DR countries paid at least $58.9 million to foreign corporations in ISDS awards, with at least $14.5 billionin pending ISDS claims.Notably, the lack oftransparency in ISDS arbitration makes it impossible to know the full extent of ISDS liability. There are also concerns regarding the fairness of ISDS proceedings as ISDS arbitrators can appear as counsel before tribunals composed of arbitrators with whom they previously served in different ISDS proceedings.

Accordingly, we are eager to work with you to remove ISDS liability from CAFTA-DR and all other trade or investment agreements with countries in Central America and the Caribbean. This would send a powerful signal that the U.S. government is committed to a new model of partnership in the region — a model that uplifts and protects democracy, rule of law, human rights, and the environment. We look forward to working alongside you to bring the CAFTA-DR more into alignment with the current trade agenda and prevent harmful corporate overreach in emerging economies.

#

Special thanks to Judy Ancel and Karen Spring for judicious edits and corrections on earlier versions of this article.

 

###