Guatemala Doesn’t Need Bernie Sanders

Central America has already tried his style of social justice and found it wanting.

In a Democratic debate last week, Vermont Sen. Bernie Sanders argued that to deal with the migration crisis at the U.S. southern border, “we’ve got to ask ourselves, ‘Why are people walking 2,000 miles to a strange country where they don’t know the language?’ ”

It’s a sad day when a septuagenarian U.S. senator can’t grasp the reason for Central American poverty.

The migrants were born in countries that lack rule of law, respect for private property, and economic freedom. The nations of the Northern Triangle—El Salvador, Guatemala and Honduras—instead have pursued Sanders-style social justice as a path to prosperity. It’s hardly a surprise their citizens enjoy neither.

Environmental mobs close down mining projects and chase away investors. Activists block roads to shake down the government; they invade farms and steal electricity with impunity. Well aware that upward economic mobility is nearly impossible, Central Americans vote with their feet.

The prospects for change aren’t promising. Ideas matter, and for generations the global left—mostly from Europe and the U.S.—has treated the region as its sandbox, where it goes to play with policies that don’t sell at home. Central America is macerated in the collectivist bunk of this elite, who promise utopia and deliver special-interest mercantilism and corrupt statism.

This is one reason Guatemalans were freaked out Friday when their Prensa Libre newspaper reported that Speaker Nancy Pelosi would lead a congressional delegation to Guatemala City this week “to meet with civil society, businessmen and other sectors.” Her office declined to comment for security reasons. But if she is going, it is worth asking why she would visit in the week before the Aug. 11 presidential runoff election.

The election is an important milestone in Guatemalan politics, and the deciding factor may be urban turnout. Despite a solid lead in a recent poll, center-right Vamos Party candidate Alejandro Giammattei isn’t a shoo-in. If voters in the big cities stay home, social democrat Sandra Torres of the National Unity of Hope Party could prevail.

Ms. Torres was first lady during the presidency of Alvaro Colom (2008-12) but divorced him in 2011 in an attempt to circumvent a constitutional prohibition on consecutively following a spouse into the executive office. The high court didn’t buy it, but she did make an unsuccessful run in 2015.

Ms. Torres is a left-wing populist. Her party, which is known as UNE, dominates rural and small-town Guatemala. Pocketbook issues are a priority in these parts and machine politics are the name of the game. By promising things like child and elder subsidies and tin roofs, UNE maintains a solid base.

Mr. Giammattei is by no means the first choice of Guatemalan conservatives. That designation goes to Zury Ríos, daughter of the late Gen. Efraín Ríos Montt, who held the presidency for less than 17 months after a 1982 coup. Ms. Ríos is a popular politician and made her own run for the presidency in 2015. This time around, the constitutional court blocked her candidacy because of her father’s role as a military dictator.

Yet Mr. Giammattei ran the prison system and pledges a tough-on-crime agenda. He says he will bring investment to the country. With UNE controlling Congress and much of the judicial branch, voters may prefer an executive check on social-democrat power.

Both candidates oppose the immigration-cooperation framework agreement that President Jimmy Morales signed with President Trump in July. The accord is short on detail, but as protocols are added, the expectation is that it will oblige Salvadorans and Hondurans who try to move north to the U.S. to apply for asylum in Guatemala. Speculation was running wild last week that Mrs. Pelosi’s visit was partly aimed at derailing the agreement for domestic American political reasons.

Both candidates promise to fight corruption, but voter apathy implies a high degree of public skepticism. The United Nations International Commission Against Impunity in Guatemala—a k a CICIG—was supposed to bring about the rule of law. But somewhere along the way the left realized it could use CICIG, accountable to no one, to grab power without the fuss of elections. A judicial reign of terror, designed to silence opposition, ended only in January, when President Morales kicked CICIG out of the country.

The media ran news stories for nearly a decade that read like CICIG press releases. But in March the Guatemalan attorney general petitioned the court to arrest CICIG’s closet Guatemalan collaborator, former Attorney General Thelma Aldana, on corruption charges. As the country’s top prosecutor, she ought to have protected civil liberties. Instead she permitted the commission’s abuses while it refused calls to investigate her. Guatemalans are still trying to recover confidence in their justice system.

Ms. Aldana, who had presidential aspirations, says she is being politically persecuted. But she has fled the country rather than face trial. If voters are uninspired by their political class, and afraid of help from Democrats, who could blame them?

Guatemala Declares War on History

Looking for help on immigration, the Trump administration is silent in the face of Guatemala’s effort to seal its dirty war archive.

With the quiet acquiescence of the Trump administration, the Guatemalan government is threatening to bar access to a collection of national archives that have been at the core of various attempts to prosecute Guatemalan politicians and officers responsible for some of Latin America’s most heinous atrocities.

The move to suppress the archives is part of a larger campaign by Guatemalan President Jimmy Morales, who faces allegations of receiving illicit campaign funds, to undercut the rule of law through the purge of judges, police officials, and archivists who have been at the forefront of Guatemala’s effort to investigate corruption, narcotrafficking, and war crimes, according to foreign diplomats and independent experts.

But senior U.S. officials in Washington and Guatemala City have rebuffed appeals from working-level staffers and foreign diplomats to publicly challenge Guatemala’s action. And U.S. President Donald Trump’s administration, which is seeking Guatemala’s help in stemming the flow of asylum-seekers and refugees into the United States, has remained largely silent over these developments.

One U.S. official said that America’s reluctance to confront Guatemala is part of a crude unwritten bargain between Morales’s government and the Trump administration: “They promise not to let brown people into the country, and we let them get away with everything else,” the official said.

The “assault on the police archive [is part of a] broader attack against human rights, justice, and anti-corruption efforts,” said Kate Doyle, a researcher at the National Security Archive and an expert on the Guatemalan archives. “The U.S. is saying nothing. The U.S. Embassy has been incredibly absent on these issues. They are not doing anything.”

In the latest sign of U.S. reluctance to challenge Guatemala on human rights, Kimberly Breier, the U.S. assistant secretary of state for Western Hemisphere affairs, blocked the release of a public statement in early June that would have urged Guatemala to back down on its effort to restrict access to the archives.

“These archives are an essential source of information to clarify and understand critical historical truths from Guatemala’s history,” reads the statement obtained by Foreign Policy, which was suppressed in June. “Access to the archives by historians, victims of abuse recorded in these archives and their families, the public, and the international community, has furthered Guatemala’s progress towards accountability, justice, truth and reconciliation.”

Foreign Policy sought a response from the Trump administration last Wednesday. The State Department did not respond until nearly an hour and half after this article was published Tuesday.

“The United States strongly supports continued public access to the Historical Archive of the National Police,” according to a statement from a spokesperson from the State Department’s Bureau of Western Hemispheric Affairs.  The Tuesday statement included the two sentence cited by Foreign Policy in the suppressed statement.

The initial decision to block the statement—which had been approved by the State Department press office, the U.S. Embassy in Guatemala, and several other key bureaus—came as the United States was engaged in sensitive negotiations on a so-called safe third country agreement, which would commit Guatemala to process political asylum claims from foreigners, particularly from El Salvador and Honduras, who cross its border in transit to the United States. “My understanding is Kim Breier killed this because she didn’t want to do anything that would piss off the Guatemalans,” said one congressional aide.

During the past two decades, the United States has invested in efforts to strengthen the rule of law in Guatemala,

  • funding a United Nations commission that investigates corruption and illicit activities by armed groups,
  • strengthening the judiciary, and
  • training and equipping police units with expertise in counternarcotics and corruption.
  • The United States has spent millions of dollars over the years to preserve the police archives, including through the provision of document scanners and the funding of a digitized archive maintained by scholars at the University of Texas at Austin.

Guatemala’s bloody 36-year-long civil war resulted in the deaths of about 200,000 people, mostly at the hands of the Guatemalan security forces. A 1996 U.N.-brokered peace agreement paved the way for the return of exiled rebels, established a new national police force, and pried open the door to the prospect of public reckoning for crimes committed during the war. The Guatemalan military and police resisted, denying that they had preserved detailed records of their activities during the conflict. But in 2005, more than 80 million documents and records, dating from 1882 to 1997, were discovered in seven rat-infested rooms at an unused hospital building in Guatemala City owned by Guatemala’s now-defunct National Police.

Since then, the Guatemalan National Police Historical Archive has helped convict more than 30 military officers, soldiers  and paramilitaries, including a former presidential chief of staff, Manuel Callejas y Callejas, convicted of crimes against humanity, and Guatemala’s late dictator, Gen. Rios Montt—who was found guilty in 2013 of genocide for overseeing mass atrocities in the early 1980s — though his conviction was later overturned by Guatemala’s constitutional court.

The archive has proved a valuable resource for U.S. law enforcement. The Department of Justice and Immigration and Customs Enforcement have used the archive to identify Guatemalan rights abusers living in the United States.

But the management of the archives has long infuriated some of those in Guatemala’s most powerful business and security sectors, who believed that it has been used as a tool of the left to gain revenge against their former enemies. They have cited the role of the archive’s former director, Gustavo Meoño Brenner, a former guerrilla leader who has recruited staff from the country’s left wing to run the archives. In August 2018, the U.N. Development Program, which has helped administer the archive program since 2008, abruptly dismissed Meoño Brenner. He has since fled the country, following death threats.

The move to restrict archive access is only one element of a wider effort to defang justice institutions in Guatemala. In September, a landmark U.N. International Commission Against Impunity in Guatemala—known by its Spanish acronym, CICIG—whose corruption investigations landed a Guatemalan president and vice president in jail will shutter its office.

The demise of the commission, which had also exposed alleged illegal campaign contributions in Morales’s 2015 presidential campaign, came after a two-year-long effort by the president and his allies, including sympathetic Republican lawmakers and Trump administration officials in Washington, to undermine it. Pro-military lawmakers in the Guatemalan Congress, meanwhile, have been pressing to pass an amnesty law that would result in the release of dozens of military officers and death squad leaders from jail. That effort has been stalled by Guatemala’s Constitutional Court.

The effort to suppress the archives is being spearheaded by Guatemalan Interior Minister Enrique Degenhart, a popular figure in Washington, who has represented Guatemala in the safe third country negotiations.

In a May 27 press conference, Degenhart announced that his office and Guatemala’s National Civil Police would seek greater control of the archive. He also threatened to limit access to the archives by foreign institutions, an apparent reference to the University of Texas at Austin, which has assembled a massive digitized version of a large portion of the police archive. “You can’t allow foreign institutions to have the complete archives,” Degenhart told reporters.

In response, the U.N. and other foreign envoys invited the U.S. ambassador to Guatemala, Luis Arreaga, to join ambassadors from several other countries, including Canada, Germany, Switzerland, Sweden, and the United Kingdom, on a visit to the archive to voice opposition to granting police greater control over the archives. Arreaga declined. The spokesperson from the State Department Bureau of Western Hemispheric Affairs declined to comment on whether Arreaga declined the invitation.

In Washington, State Department officials sought support within the administration for a public statement that would place the United States squarely on the side of those seeking to preserve broad public access to the archives.

“The message [Guatemalan authorities] are getting is we don’t care what you do as long as you do everything in your power to prevent” foreigners from reaching the U.S. border, said Rep. Norma Torres, a California Democrat who was born in Guatemala. If that requires “supporting a corrupt government, that is what [the Trump administration] is going to do.”

Public messaging and statements from U.S. envoys and the State Department can have an outsized political impact in Central America, former diplomats say. “It’s astonishing how important the U.S. voice is in terms of journalists, human rights defenders, civil society … in this region,” said Roberta Jacobson, a former U.S. ambassador to Mexico and assistant secretary of state for Western Hemisphere affairs. “There are clearly things that governments would do, actions it would take, but for the U.S. watching and speaking out,” she said.

The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives.

Workers organize thousands of documents found at the former National Police Bomb Disposal Unit headquarters in Guatemala City on Jan. 28, 2008.EITAN ABRAMOVICH/AFP/GETTY IMAGES

In early July, the Guatemalan Ministry of Culture and Sports informed the U.N. Development Program, which administers the archive budget on behalf of foreign donors, that it would take over full management of the archives, raising questions about its financial viability. The U.N., which pays staff salaries, was forced to lay off the archives researchers and archivists.

On July 10, Guatemala fired its chief national archivist, Anna Carla Ericastilla, on the grounds that she provided access to foreign institutions, including the University of Texas, and improperly raised funds from donors to pay salaries to archivists.

Degenhart, meanwhile, has overseen a massive purge of Guatemala’s reformed police force after being named interior minister in January 2018. The following month, he fired the director of the National Civil Police, Nery Ramos, along with three other top cops. All told, Degenhart fired some 25 ranking officers and more than 100 agents, including 20 of the 45 police agents assigned to work with the U.N. anti-corruption office.

Guatemalans “have observed a systematic process of dismantling the National Civil Police, ordered by the interior minister himself, who seems determined to destroy 20 years of progress,” according to an August 2018 study by the Forum of Civil Society Organizations Specializing in Security, or FOSS.

The fate of the archive has become inextricably linked to the White House immigration policy.

The threat to curtail access to the archives came on the same day that Degenhart had signed an agreement with Kevin McAleenan, the acting U.S. secretary of homeland security, for the deployment of 89 agents from U.S. Immigration and Customs Enforcement and Customs and Border Protection in Guatemala to help stem the flow of refugees through the country. It also coincided with the Trump administration’s negotiation of a safe third party agreement with Degenhart.

Trump in March ordered all U.S. aid to Guatemala, El Salvador, and Honduras to be cut until they drastically reduced the number of migrants traveling north through Mexico to attempt to enter the United States. Critics, including both Democratic and Republican lawmakers, said the move would only exacerbate the migration crisis, as U.S. assistance helped address root causes of instability that caused people to flee north.

In June, the State Department announced it would release $432 million of the $615 million in aid to Central America, but it warned that new funding would not be released until the Northern Triangle governments took more steps to address migration.

Last week, the Trump administration announced that it had reached agreement on the safe third country pact, which would commit Guatemala to processing political asylum claims from migrants who cross its border in transit to the United States. The U.S. has yet to publish a copy of the pact, leading to speculation about what the deal actually entails.

Still, the move has raised concern about the constitutionality of the agreement. Guatemala’s constitutional court has already asserted that such an agreement would require approval by the Guatemalan Congress. Democratic lawmakers and other activists have criticized the move and vowed to fight it in courts. Democratic Rep. Eliot Engel, the chairman of the House Foreign Affairs Committee, said it is “cruel and immoral. It is also illegal.”

“Simply put, Guatemala is not a safe country for refugees and asylum seekers, as the law requires,” Engel said in a statement released on July 26, after the Trump administration and Guatemalan government signed the agreement.

Trump’s Other Impeachable Offense

As Nixon learned, Congress will not abide a president who defies its subpoenas.

The subpoenas against Nixon demanded 147 unedited tape recordings of presidential conversations; a list of meetings and telephone conversations for five specific, suspicious periods between 1971 and 1973; and copies of any handwritten presidential notes pertaining to the Watergate charges.

In response, Nixon asserted that the Judiciary Committee already had the “full story of Watergate,” and did not need to have further materials. He produced none of the 147 unedited transcripts that had been requested. (That bundle of withheld tapes included the critical June 23 tape that, when it was finally released, ultimately drove the president from office, and that Nixon had listened to many weeks earlier.)

.. In response, the committee approved Article III. It charged that the president “has failed without lawful cause or excuse to produce papers and things as directed by duly authorized subpoenas issued by the Committee.” Instead, it read, Nixon had substituted his own views as to what materials were necessary for the committee to render its judgment, and had interposed the powers of the presidency against the lawful subpoenas of the House of Representatives. His refusal to comply interfered with the committee’s ability to fulfill its constitutional duties and was, therefore, subversive of constitutional government.

.. President Trump has taken a similar approach to Nixon’s, declaring that the Mueller report should mean the end of any related congressional investigations, and that he would defy any subpoena that came from them. In response, congressional leaders have said they would take the matter to court.

That’s a good thing to do — to have the courts reaffirm what is already clear in the law — and Congress will probably win. But a court case could take months to conclude, playing into the president’s apparent strategy of running out the clock.