Albany Times Union (Sunday)

Donald Trump’s response to the pandemic cost lives Crime against humanity?

- By Lois Shapiro Canter Lois Shapiro Canter of Saratoga Springs is a lawyer, former Albany County assistant district attorney, and president of Saratoga Unites and of Saratoga Foundation for Women Worldwide, an internatio­nal women’s human rights organizati

Donald Trump’s failure to protect the American people from the coronaviru­s is a crime against humanity. I don’t mean that figurative­ly, but within the very definition of the law.

We have proof, through taped conversati­ons with journalist Bob Woodward, that Trump was, in January

2020, well informed as to the extremely high contagion factor of the potentiall­y fatal COVID-19. Yet Trump placed his perceived re-election prospects above the lives and health of we the people.

Yes. Fearing that accurate informatio­n about the virus would plunge the stock market, Trump chose his own political prospects over the lives of over a quarter-million and the health of more than 10 million, both still counting.

Indeed, for these eight long months while Trump downplayed the severity of this pernicious virus, he went on to vilify governors and other mask-promoting/social-distancing officials, while he declined to develop a national strategy to include:

full implementa­tion of the Defense Production Act to require companies to manufactur­e ventilator­s and personal protective equipment in adequate numbers to save lives;

negotiatio­n with companies on behalf of the 50 states to secure PPE and other needed equipment;

a program to encourage masks and social distancing to decrease virus spread;

securing valid testing materials and contact-tracing techniques,

providing needed life-saving medicines and devices.

No. Instead Trump did exactly the opposite of all the above. Indeed he encouraged people to not wear masks and ordered governors to “liberate” their states by allowing businesses to reopen before it was safe. He denounced and threatened to defund school districts that failed to open, resulting in teachers’ illness and death, along with virus spread among students and other school personnel.

This is not the only way in which

Trump exacerbate­d the virus spread nationwide. When the virus was initially more pronounced in blue states like New York, and hitting communitie­s of color in urban areas particular­ly hard, Trump declined to provide assistance, with the White House saying states were on their own. How could this not have led to speculatio­n that the administra­tion was deliberate­ly disadvanta­ging communitie­s of color whose likely Democratic votes would be diminished by the virus?

Against this backdrop, Trump encouraged an unconstitu­tional militia presence in the streets, both to protest pandemic restrictio­ns and to counter demonstrat­ions over racial injustice.

Thousands attended Supersprea­der Donald’s rallies, maskless and jammed together. Studies such as one out of Stanford University have documented a pattern of increased COVID-19 cases and deaths through Trump rally attendance. The virus is also surging in red states.

It’s noteworthy, too, that the “Spreader-in-chief” advised during a coronaviru­s task force news conference that people should drink bleach, a wellknown poison. He promoted unproven cures and treatments. He closed the pandemic office in use during the Obama administra­tion. He removed U.S. medical health monitors from China, who could have alerted the U.S. government to the virus prevalence in November 2019.

These failures of Trump to safeguard the security and lives of the people of the United States is a Crime Against Humanity in accordance with the

Rome Statute as establishe­d by the Internatio­nal Criminal Court in 1998. Such a crime involves acts committed as part of a widespread attack against a civilian population, “with knowledge of the attack.” The Rome Statute states that a crime against humanity can be committed in “furtheranc­e of an organizati­onal policy.” The policy need not be explicitly defined; it can “be inferred from the totality of the circumstan­ces.” In the present situation, the organizati­onal policy is the Trump re-election campaign’s prioritiza­tion of protecting Wall Street market success and his own re-election.

Through incompeten­ce, arrogance, recklessne­ss and intent to hide and downplay the severity of the pandemic, Trump has risked all our lives. His actions and inactions have caused the deaths of more than a quarter million people. Trump’s inaction and intent to not fight the virus spread is a Crime Against Humanity.

Prosecutin­g him, though, would be another matter. Under Trump, the U.S. government does not cooperate with the Internatio­nal Criminal Court. Trump has even threatened to take retaliator­y actions against the ICC if they investigat­e US citizens.

It is unfortunat­e that legislatio­n proposed in 2009 by Sen. Dick Durbin, D-ill., making crimes against humanity a violation of U.S. law did not pass. Perhaps a future Congress will reintroduc­e this measure with fine-tuned language to address the horrific situation America now finds itself in. There should be consequenc­es for the felonious intentiona­l inactions and actions of a madman who has helped cause the death of more than a quarter million people and sickened more than 10 million, and counting.

Through incompeten­ce, arrogance, recklessne­ss and intent to hide and downplay the severity of the pandemic, Trump has risked all our lives. His actions and inactions have caused the deaths of more than a quarter million people. Trump’s inaction and intent to not fight the virus spread is a Crime Against Humanity.

 ?? Photo illustrati­on by Jeff Boyer / Times Union ??
Photo illustrati­on by Jeff Boyer / Times Union

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