Lawrence Tribe's $100 bn genius idea to make Russia pay

[NJCher]

for their own war, or at least part of it.

Tribe, as you know, has won 35 SC cases. His legal knowledge is impressive, to put it mildly.

He has researched the law and determined that the U.S. can take the $100 billion in Russian money that is parked in the U.S. and use it to aid refugees and to even buy more war arms to fight Putin's war.

[Celerity]

1. do it, NOW

[lastlib]

43. Let's start with the aluminum plant in Kentucky.....

that MoscowMitch built for his buddy Deripaska! Nationalize it today!

Oh, and anybody holding that Rosneft stock that got handed out in Dec. 2016 to TFG's buddies--kiss it goodbye!

[NJCher]

2. forgot to mention

this just aired on Lawrence O'Donnell's show.

[canetoad]

3. Whoo hoo

I llike this idea. K&R

[LymphocyteLover]

4. let's please!

[Maraya1969]

5. That is such great news! Can Biden do it or does Congress have to OK it? Wait!

I just remembered how Obama got the nuclear deal with Iran. He unfroze billions that the US had of their money. And I don't think he went to congress to do it.

[Duppers]

6. K & R

Brilliant.

[Grasswire2]

7. take Trump assets while you are at it.

And evict him.

[Mr.Bill]

10. He doesn't have any.

They are all mortgaged to the hilt.

[dchill]

8. I saw that. Let's get it on!

[Baked Potato]

9. I say go for it and see what happens. Nt

[H2O Man]

11. Recommended.

[Jarqui]

12. How much US $ is in Russia ? ...nt

[NJCher]

44. That's a good question

I doubt it is a huge amount but whatever it is could be subtracted from the $100 billion.

I guess this is the silver lining to billionaires not paying their fair share in taxes here. They have no incentive to go elsewhere.

[dalton99a]

13. Just do it

[mchill]

14. Condi Rice said the same thing today

On a Stanford -UMontana forum with Michael McFaul aired on cSpan today. Didn’t even seem like anything would have to be passed by Congress to do it.

[Rhiannon12866]

15. Here's the video of Professor Tribe's appearance discussing this tonight with Lawrence O'Donnell:

Biden Can Seize Russian Cash In U.S., Harvard law Professor Laurence Tribe Says - The Last Word -MSNBC
https://www.democraticunderground.com/1017729678

Harvard Law Professor Laurence Tribe joins MSNBC’s Lawrence O’Donnell to explain his belief that current U.S. law allows Pres. Biden to liquidate tens of billions of dollars Russia has in the U.S. in foreign exchange reserves which officials have already frozen. Aired n 04/18/2022.

[NJCher]

18. Thank you , Rhiannon!

It is well worth the watch.

[Rhiannon12866]

19. Professor Tribe is always worth the watch, I always like it when he's on with Lawrence O'Donnell...

[speak easy]

16. Versailles 1919 mk II

[AntiFascist]

17. K&R, send this to Biden! n/t

[Sherman A1]

29. You honestly believe that the Biden team isn't

Already aware of what can and cannot be done?

[AntiFascist]

34. I believe the White House pays attention to what the US populace wants to see done...

and this idea already seems popular among those who watch Lawrence O'Donnell. I would like to see it become more viral, at least.

[Sherman A1]

36. I'll trust the Biden team to do what is right

And what is within the law rather than what is popular or spouted by some well paid talking head on cable noise.

[AntiFascist]

37. I'm sure they will, but there is also a potentially strong political angle to this...

if enough people view this as an obvious thing that should be done for the good of both the US and Ukraine, the Biden team may then be prompted to respond.

This idea would also appeal to fiscal conservatives, moderates, and those who generally fear that increased spending on the war may contribute to future inflation. The Biden team could come out of this looking very heroic. $100B is a hell of a lot of money that could be used for military aid, humanitarian efforts, and helping to rebuild Ukraine. If the war can be ended relatively quickly from such an infusion of aid, it may help to prevent future repercussions to the world economy from a prolonged conflict.

[Sherman A1]

38. I'll put my faith in the Biden Team to navigate this storm

Not a well paid TV talking head, cable noise or alike.

[AntiFascist]

39. Also, any legal technicalities may be overcome...

through an expedited legislative process. All the more reason to stir up popular support for this.

[Meowmee]

20. Do it asap

[PortTack]

21. Do it!! And do it now

[rockfordfile]

22. I agree

[FBaggins]

23. He's *argued* 35 SCOTUS cases. He didn't win all of them

And while he's correct that US law permits the administration to seize such dollars and even spend them - the issue wouldn't be whether it was legal or not. Tribe is simply wrong that "there's no prospect that the money will ever be returned to him - no prospect that it will be UN-frozen"

The US can spend whatever it wants on relief in Ukraine. But there's no shell game to be played pretending that we aren't really spending money or that we're using Russia's own money against them.

[NJCher]

26. the difference between opinion and official statements

Tribe is simply wrong that "there's no prospect that the money will ever be returned to him - no prospect that it will be UN-frozen"

This is Tribe's opinion and I think everyone understands that.

People make predictions about the future all the time. Especially here. By saying he is "simply wrong," you are in fact making a prediction. Unless, of course, you left off the full title for your screen name "FBaggins, Final Determiner of the Future in Earth Dimension Appointed by the Supreme Being of the Universe."

Can you please explain the relevance of your subject line? My point, whether you understood it or not, is that he has gone through the mental task of presenting to the Supreme Court, which is no small feat. They weren't always a group infiltrated by trump lackeys, you know. Despite their pitiful descent into politics, they were at various times an arduous group to address.

Also, one last item regarding your final paragraph: no one in our government has even discussed this, so how would they be playing pretend? Tribe is presenting an option that they might not even buy into, for whatever reasons.

[FBaggins]

31. I wouldn't say so

If Tribe said that he didn't think that frozen funds would ever thaw in this case and I were to say that I disagreed with him - that would be a difference of opinion (though I still wouldn't see how stating my opinion in terms of his being incorrect is any different from saying that I disagree in some other terms).

But that isn't the case here. He isn't saying that he thinks it's unlikely. He's framing it as "no prospect" (i.e., no chance that it will happen). But that isn't the case. Frozen funds are often un-frozen. Given the relative influence of Russia on the world stage (certainly as a major nuclear power), it's more likely than not.

Can you please explain the relevance of your subject line?

Just correcting an error. Both you and Lawrence O'Donnell in introducing him mis-stated his record. My point ("whether you understood it or not" ) is not only that "appeal to authority" is a fallacy for good reasons - but that people who appeal to Tribe in particular misunderstand how our system works. He frequently argues positions that he knows won't win in court because the position needs an advocate. That isn't an insult to him (it's how the system is supposed to work), but it does mean that "just because Tribe says something" doesn't mean that it's necessarily true. He's made quite a few statements in recent years that were "descent into politics" because he was advocating for a position. Occasionally the position loses overwhelmingly (even unanimously) when brought before the court. That's doesn't mean that he didn't understand the law... it meant that those who were citing him as an infallible authority didn't understand his role.

If you took his fairly recent tweet re "treason" for Tucker Carlson as authoritative legal analysis... you were led astray. Despite the number of times he has argued before SCOTUS.

Also, one last item regarding your final paragraph: no one in our government has even discussed this, so how would they be playing pretend?

I never said that anyone is currently discussing it (though it wouldn't surprise me). I'm saying that the underlying policy he's proposing translates to "we can spend $100B on this thing that I think we should do and we don't need to worry about where the money is going to come from because we're spending someone else's money" - and that isn't really the case. We can spend money to aide Ukraine, but it's really no different from any other money we want to spend.

[Hortensis]

24. If it's an option, people in the Biden administration know all about it.

We've been seizing assets from other nations since our founding. Whether they're held for possible eventual return or used against those nations is a matter of often very complex situational and legalities, which his where Mr. Tribe's evaluation comes in.

For people like us to also be able to listen to the opinions of top experts like him is often (not always) a wonderful benefit of our age, but let's never forget that Tribe's gig is private industry legal expert and "talking head." Both require promoting himself to his market, including to media consumers.

Former senior senate staffer Lawrence O'Donnell has been honest that, because he's become a media figure, congressional insiders are no longer able to talk to him about a lot of important stuff going on. He's also honest in not encouraging viewers to imagine the place is barely functioning without his genius, and his career is doing just fine.

[panader0]

25. If the $100B is "in Russian money", is it still worth $100B U.S.?

Good idea no matter what.

[Bucky]

40. The ruble's trading pretty strong right now.

But of course any assets they hold overseas is probably held in dollars (since trading dollars for rubles is currently prohibited anyway).

The ruble right now is worth about 81 cents. At the start of Feburary it was worth 78 cents.

https://www.google.com/search?q=dollar+to+ruble

[Alien Life Form]

27. Take the whole damn bundle of it..every last penny... and use it for reparations

Just grab everything we can and let others do the same... The Rooskies want a world with no laws?? Ok ...forget any legal niceties..just grab it and let them whine. Screw the bastards!

[bucolic_frolic]

28. Does that mean assets can be seized from anyone who wages war against the US?

A few dozen insurrectionists would like to know.

[FBaggins]

45. No

Even by Tribe’s somewhat tortured reading of the statute (which, despite his claim, has never been used in the way he advocates), it would only apply to assets of foreign governments. Individuals still maintain property rights that can only be removed through due process (as opposed to executive fiat).

[Martin68]

30. DO IT!

[Sogo]

32. So, to whom is he communicating this idea, besides Lawrence O'Donnell

and his viewers?

If he were to contact the WH, maybe then the idea would fly. Until then, it's just talk....

[moondust]

33. Good idea.

Cleaning up and rebuilding much of Ukraine is going to cost a lot. Plus massive reparations for killing thousands of innocents, disrupting millions of other lives and destroying their properties--all without provocation or rational justification. I don't know if $100 billion is enough to cover it all but it's a start.

[flying_wahini]

35. Does this apply to just the cash? Is property able to be seized too?

If it is then could we take the Russian condos in Trump Towers too?

[calimary]

42. Everything and anything, I hope!

Seize it ALL!!!

Just. DO. It!

[MontanaMama]

41. Do it!

If Lawrence Tribe says it, I believe it. $100 billion can go along way to help Ukraine.