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NY probe found potential crimes. Why isn’t Trump in cuffs?

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NEW YORK — New York’s attorney general says her three-year investigation of former President Donald Trump uncovered potential crimes in the way he ran his real estate empire, including allegations of bank and insurance fraud.

So why isn’t Trump being prosecuted?

Attorney General Letitia James didn’t seek to slap handcuffs on the Republican this week, as some of his critics hoped. Instead, she announced a civil lawsuit seeking $250 million and his permanent banishment from doing business in the state.

Like many things involving the law and Trump, the reasons James, a Democrat, opted for a lawsuit rather than a prosecution are complicated.

For one, even if she did want to prosecute Trump, she doesn’t have jurisdiction under state law to bring a criminal case against him or any of the lawsuit’s other defendants, including the Trump Organization and his three eldest children, Donald Jr., Ivanka and Eric Trump.

In New York, the state attorney general’s office is only allowed to prosecute a limited range of offenses on its own, like bid rigging and payroll violations.

Otherwise, the office must partner with a county district attorney on a prosecution — as James’ office did with the Manhattan district attorney’s office in a case against Trump’s longtime finance chief — or obtain what’s known as a criminal referral from the governor or a state agency that has jurisdiction over the alleged wrongdoing.

Even then, mounting a criminal fraud case is far more challenging than a civil lawsuit.

In a criminal case, prosecutors would have to prove beyond a reasonable doubt that Trump intended to commit a crime. In the lawsuit — if it goes to trial — jurors would only need to be persuaded it was more likely than not that wrongdoing occurred.

Filing a civil lawsuit while letting others sort out potential criminal violations is a sound strategy, legal experts said, allowing James to seek remedies other than prison time.

It allows the attorney general to avoid the kind of internal debate about criminal charges that fractured the Manhattan district attorney’s parallel investigation into Trump earlier this year.

No former U.S. president has ever been charged with a crime.

The prospect of Trump, 76, behind bars as a result of a criminal prosecution could give juries pause, make judges more careful and make winning more difficult, said University of Richmond law professor Carl Tobias.

“Even for Trump, people don’t like him, but do they want to put him away?” Tobias said. “What would it take? What kind of punishment would be appropriate? So it’s just all around more difficult.”

A civil case, given its lower burden of proof standard, is “a lot easier to assemble … and probably win,” Tobias said.

Trump, a Republican who’s laying the groundwork for another presidential run in 2024, has derided James as “a fraud who campaigned on a ‘get Trump’ platform.’”

In an interview Wednesday night with Fox News Channel’s Sean Hannity, Trump suggested that his company had protected itself against possible fraud allegations by warning banks and potential business partners not to trust the information in its financial disclosures.

“We have a disclaimer right on the front,” Trump said. ”‘You’re at your own risk.’ … ‘Be careful because it may not be accurate. It may be way off.’ … ‘Get your own people. Use your own appraisers. Use your own lawyers. Don’t rely on us.’”

James said at a news conference Wednesday that her office was referring its findings to the U.S. attorney’s office in Manhattan and the Internal Revenue Service, and would share evidence of possible state law violations with the Manhattan district attorney’s office, if requested.

The U.S. attorney’s office in Manhattan said it was aware of James’ referral of potential criminal violations, but otherwise declined comment. The Internal Revenue Service’s criminal investigation division said it “doesn’t confirm the existence of investigations until court documents are publicly available.”

Manhattan District Attorney Alvin Bragg said his probe of Trump was “active and ongoing.”

The former prosecutor who had been leading Bragg’s investigation, Mark Pomerantz, resigned in February because he felt the office should be moving more quickly to bring criminal charges against Trump.

In a resignation letter, Pomerantz wrote that he believes the former president is “guilty of numerous felony violations.”

He said he had told Bragg there was “evidence sufficient to establish Mr. Trump’s guilt beyond a reasonable doubt” of many of the same allegations that now appear in James’ lawsuit — including that Trump falsified financial statements to secure loans and burnish his image as a wealthy businessman.

If there’s no settlement agreement, James’ lawsuit against Trump could take years to play out and might not be resolved before the 2024 presidential election.

A fraud lawsuit James filed against the National Rifle Association recently entered its third year, slowed by legal wrangling and the powerful gun advocacy group’s attempts to get the case thrown out. No trial date has been set.

Drawn out legal proceedings could hurt Trump’s business by making lenders and potential partners reluctant to cut deals. But, if history is any guide, it’s not likely to be a crushing blow. Against the odds, and despite no shortage of legal battles in recent years, the company has been able to get new loans and raise money.

In February, the Trump Organization got a $100 million from a California bank to refinance commercial and retail space in its Trump Tower headquarters. That deal was struck just three days after Trump’s long-time accountants, Mazurs, disavowed a decade of financial statements it had helped prepare — a serious blow to his business reputation.

That big loan also came after the Trump Organization had already been indicted on fraud charges by the Manhattan district attorney’s office for allegedly helping executives evade taxes. That case is scheduled to go to trial next month.

Another recent victory for Trump as his legal troubles mount: Selling his Washington D.C. hotel for $375 million, far more than expected.

Several lending experts said the new loan show why much of Trump’s business is insulated from his political and legal storms: What matters most in real estate is the cash thrown off by rent and the collateral of the buildings — not the reputation of the owner.

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China is raising its retirement age, now among the youngest in the world’s major economies

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Starting next year, China will raise its retirement age for workers, which is now among the youngest in the world’s major economies, in an effort to address its shrinking population and aging work force.

The Standing Committee of the National People’s Congress, the country’s legislature, passed the new policy Friday after a sudden announcement earlier in the week that it was reviewing the measure, state broadcaster CCTV announced.

The policy change will be carried out over 15 years, with the retirement age for men raised to 63 years, and for women to 55 or 58 years depending on their jobs. The current retirement age is 60 for men and 50 for women in blue-collar jobs and 55 for women doing white-collar work.

“We have more people coming into the retirement age, and so the pension fund is (facing) high pressure. That’s why I think it’s now time to act seriously,” said Xiujian Peng, a senior research fellow at Victoria University in Australia who studies China’s population and its ties to the economy.

The previous retirement ages were set in the 1950’s, when life expectancy was only around 40 years, Peng said.

The policy will be implemented starting in January, according to the announcement from China’s legislature. The change will take effect progressively based on people’s birthdates.

For example, a man born in January 1971 could retire at the age of 61 years and 7 months in August 2032, according to a chart released along with the policy. A man born in May 1971 could retire at the age of 61 years and 8 months in January 2033.

Demographic pressures made the move long overdue, experts say. By the end of 2023, China counted nearly 300 million people over the age of 60. By 2035, that figure is projected to be 400 million, larger than the population of the U.S. The Chinese Academy of Social Sciences had previously projected that the public pension fund will run out of money by that year.

Pressure on social benefits such as pensions and social security is hardly a China-specific problem. The U.S. also faces the issue as analysis shows that currently, the Social Security fund won’t be able to pay out full benefits to people by 2033.

“This is happening everywhere,” said Yanzhong Huang, senior fellow for global health at the Council on Foreign Relations. “But in China with its large elderly population, the challenge is much larger.”

That is on top of fewer births, as younger people opt out of having children, citing high costs. In 2022, China’s National Bureau of Statistics reported that for the first time the country had 850,000 fewer people at the end of the year than the previous year , a turning point from population growth to decline. In 2023, the population shrank further, by 2 million people.

What that means is that the burden of funding elderly people’s pensions will be divided among a smaller group of younger workers, as pension payments are largely funded by deductions from people who are currently working.

Researchers measure that pressure by looking at a number called the dependency ratio, which counts the number of people over the age of 65 compared to the number of workers under 65. That number was 21.8% in 2022, according to government statistics, meaning that roughly five workers would support one retiree. The percentage is expected to rise, meaning fewer workers will be shouldering the burden of one retiree.

The necessary course correction will cause short-term pain, experts say, coming at a time of already high youth unemployment and a soft economy.

A 52-year-old Beijing resident, who gave his family name as Lu and will now retire at age 61 instead of 60, was positive about the change. “I view this as a good thing, because our society’s getting older, and in developed countries, the retirement age is higher,” he said.

Li Bin, 35, who works in the event planning industry, said she was a bit sad.

“It’s three years less of play time. I had originally planned to travel around after retirement,” she said. But she said it was better than expected because the retirement age was only raised three years for women in white-collar jobs.

Some of the comments on social media when the policy review was announced earlier in the week reflected anxiety.

But of the 13,000 comments on the Xinhua news post announcing the news, only a few dozen were visible, suggesting that many others had been censored.

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Russia warns NATO of ‘direct war’ over Ukraine

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Moscow’s envoy to the UN has reiterated where the Kremlin’s red line is

Granting Kiev permission to use Western-supplied long-range weapons would constitute direct involvement in the Ukraine conflict by NATO, Russia’s envoy to the UN, Vassily Nebenzia, has said.

Moscow will treat any such attack as coming from the US and its allies directly, Russian President Vladimir Putin said on Thursday, explaining that long-range weapons rely on Western intelligence and targeting solutions, neither of which Ukraine is capable of.

NATO countries would “start an open war” with Russia if they allow Ukraine to use long-range weapons, Nebenzia told the UN Security Council on Friday.

“If such a decision is made, that means NATO countries are starting an open war against Russia,” Moscow’s envoy said. “In that case, we will obviously be forced to make certain decisions, with all the attendant consequences for Western aggressors.”

Putin issues new warning to NATO

“Our Western colleagues will not be able to dodge responsibility and blame Kiev for everything,” Nebenzia added. “Only NATO troops can program the flight solutions for those missile systems. Ukraine doesn’t have that capability. This is not about allowing Kiev to strike Russia with long-range weapons, but about the West making the targeting decisions.”

Russia considers it irrelevant that Ukrainian nationalists would technically be the ones pulling the trigger, Nebenzia explained. “NATO would become directly involved in military action against a nuclear power. I don’t think I have to explain what consequences that would have,” he said.

The US and its allies placed some restrictions on the use of their weapons, so they could claim not to be directly involved in the conflict with Russia, while arming Ukraine to the tune of $200 billion.

Multiple Western outlets have reported that the limitations might be lifted this week, as US Secretary of State Antony Blinken and British Foreign Secretary David Lammy visited Kiev. Russia has repeatedly warned the West against such a course of action.

 

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China makes its move in Africa. Should the West be worried?

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Beijing maintains a conservative economic agenda in its relations with the continent, while finding it increasingly difficult to avoid a political confrontation with the West

The ninth forum on China-Africa Cooperation (FOCAC) and the FOCAC summit held in Beijing on September 4-6 marked a significant phase in Africa’s relations with its global partners in the post-Covid era. China is the last major partner to hold a summit with African nations following the end of the pandemic; Africa summits were held by the EU and the US in 2022, and by Russia in 2023. The pandemic, coupled with rising global tensions, macroeconomic shifts, and a series of crises, underlined Africa’s growing role in the global economy and politics – something that China, which has undergone major changes (both internal and external) as a result of the pandemic, is well aware of.

It is clear that the relationship between China and Africa is entering a new phase. China is no longer just a preferential economic partner for Africa, as it had been in the first two decades of the 21st century. It has become a key political and military ally for many African countries. This is evident from China’s increasing role in training African civil servants and sharing expertise with them, as well as from several initiatives announced at the summit, including military-technical cooperation: officer training programs, mine clearing efforts, and over $100 million which China will provide to support the armed forces of African nations.

In the political arena, however, Beijing is proceeding very cautiously and the above-mentioned initiatives should be seen as the first tentative attempts rather than a systematic strategy.

While China strives to avoid political confrontation with the West in Africa and even closely cooperates with it on certain issues, it is becoming increasingly difficult to do so. Washington is determined to pursue a policy of confrontation with Beijing in Africa – this is evident both from US rhetoric and its strategic documents.

Dirty tactics: How the US tries to break China’s soft power in Africa

A “divorce” between China and the West is almost inevitable. This means that Chinese companies may lose contracts with Western corporations and won’t have access to transportation and logistics infrastructure. Consequently, China will need to develop its own comprehensive approach to Africa, either independently or in collaboration with other global power centers.

An important sign of the growing confrontation between the US and China in Africa was the signing of a trilateral memorandum of understanding between China, Tanzania, and Zambia regarding the reconstruction of the Tanzania-Zambia Railway (TAZARA), which was originally built by China in the 1970s. If it is expanded, electrified, and modernized, TAZARA has the potential to become a viable alternative to one of the key US investment projects in the region: the Lobito Corridor, which aims to enhance logistics infrastructure for exporting minerals (copper and cobalt) from the Democratic Republic of the Congo and Zambia by modernizing the railway from the DR Congo to the Angolan port of Lobito.

In inland regions such as Eastern Congo, transportation infrastructure plays a crucial role in the process of mineral extraction. Considering the region’s shortage of rail and road networks, even a single non-electrified railway line leading to a port in the Atlantic or Indian Ocean can significantly boost the operation of the mining sector and permanently tie the extraction and processing regions to specific markets.

It appears that China’s initiative holds greater promise compared to the US one, particularly because Chinese companies control major mines both in the Democratic Republic of the Congo and Zambia. This gives them a clear advantage in working with Chinese operators and equipment, facilitating the export of minerals through East African ports. Overall, this indicates that East Africa will maintain its role as the economic leader on the continent and one of the most integrated and rapidly developing regions for imports.

A former colonial European power returns to Africa. What is it after now?

The highlight of the summit was China’s pledge to provide $50 billion to African countries over the next three years (by 2027). This figure echoes the $55 billion commitment to China made by the US (for 3 years) at the 2022 US-Africa Summit and the $170 billion that the EU promised to provide over seven years back in 2021. Consequently, leading global players allocate approximately $15-20 billion annually to Africa.

In recent years, there has been noticeable growth in such promises. Nearly every nation is eager to promise Africa something – for example, Italy has pledged $1 billion annually. However, these large packages of so-called “financial aid” often have little in common with actual assistance, since they are typically commercial loans or corporate investments. Moreover, a significant portion of these funds is spent in the donor countries (e.g. on the procurement and production of goods), which means that they contribute to the economic growth of African nations in a minimal way.

As for China, it will provide about $11 billion in genuine aid. This is a substantial amount which will be used for developing healthcare and agriculture in Africa. Another $30 billion will come in the form of loans (roughly $10 billion per year) and a further $10 billion as investments.

The overall financial framework allows us to make certain conclusions, though it’s important to note that the methodology for calculating these figures is unclear, and the line between loans, humanitarian aid, and investments remains blurred. In terms of investments (averaging around $3 billion per year), Beijing plans to maintain its previous levels of activity – in recent years, China’s foreign direct investments (FDI) have ranged from $2 billion to $5 billion annually. Financial and humanitarian aid could nearly double (from the current $1.5 billion-$2 billion per year) while lending is expected to return to pre-pandemic levels (which would still be below the peak years of 2012-2018).

Can Africa seize control of its own energy?

China’s economic plan for Africa seems to be quite conservative. It’s no surprise that debt issues took center stage during the summit. During the Covid-19 pandemic, macroeconomic stability in African countries deteriorated, which led to challenges in debt repayments and forced Africa to initiate debt restructuring processes assisted by the IMF and the G20. Starting in 2020, a combination of internal and external factors led China to significantly cut its lending to African countries – from about $10-15 billion down to $2-3 billion. This reduction in funding has triggered economic reforms in several African countries (e.g. Ghana, Kenya, and Nigeria), which have shifted toward stricter tax and monetary policies. While promises to increase lending may seem like good news for African nations, it’s likely that much of this funding will go toward interest payments on existing obligations and debt restructuring, since China wants to ensure that its loans are repaid.

Despite China’s cautious approach to Africa, its interaction with the continent will develop as a result of external and internal changes affecting both Africa and China. Africa will gradually become more industrialized and will reduce imports while the demand for investments and local production will increase. China will face demographic challenges, and its workforce will decrease. This may encourage bilateral cooperation as some production facilities may move from China to Africa. This will most likely concern East African countries such as Ethiopia and Tanzania, considering China’s current investments in their energy and transportation infrastructure. Additionally, with Africa’s population on the rise and China’s population declining, Beijing is expected to attract more African migrant workers to help address labor shortages.

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