Withdraw From Afghanistan

Herschel Smith · 22 Jan 2012 · 14 Comments

Michael Yon has written a short note entitled Time To Leave Afghanistan.  I concur, but for somewhat different reasons, or at least, I will state my reasons somewhat differently.  I had been pondering going public with my counsel to withdraw from Afghanistan, and then I read possibly the most depressing entry on Afghanistan I have ever seen, from Tim Lynch.  Some of it is repeated below. Ten years ago, Afghans were…… [read more]


Drones and the War Against Militant Islam: Useful Tool or Game Changer?

BY Glen Tschirgi
3 months, 1 week ago

One of my favorite historians and conservative thinkers, Victor Davis Hanson, published a provocative article over at NRO, “The Predator-in-Chief.”

In this article, Hanson basically observes the irony that President Obama, who roundly criticized Bush 43 for his resort to force of arms, has turned out to be the unquestioned champion of UAV/drone strikes against high-value targets in both Afghanistan, Pakistan, Yemen and even Somalia.

But Hanson attempts to do far more than merely observe Obama’s unbridled use of drones.   He argues that the development, use and continuing refinement of drones has “turned the tide” in the war against militant Islam.

For example:

Even when [the United States] adjusted well to the 9/11 tactics, there were new threats, such as suicide bombers and roadside improvised explosive devices that seemed to nullify American technological and material advantages.

But America is once again getting the upper hand in this long war against Middle Eastern terrorists, with the use of Predator-drone targeted assassinations to which the terrorists have not yet developed an answer. In systematically deadly fashion, Predators are picking off the top echelon of al-Qaeda and its affiliates from the Hindu Kush to Yemen to the Horn of Africa.

New models of drones seem almost unstoppable. They are uncannily accurate in delivering missiles in a way even precision aircraft-bombing cannot. Compared to the cost of a new jet or infantry division, Predators are incredibly cheap. And they do not endanger American lives — at least as long as terrorists cannot get at hidden runaways abroad or video-control consoles at home.

The pilotless aircraft are nearly invisible and, without warning, can deliver instant death from thousands of feet away in the airspace above. Foreign governments often give us permission to cross borders with Predators in a way they would not with loud, manned aircraft.

Moreover, drones are constantly evolving. They now stay in the air far longer and are far more accurate and far more deadly than when they first appeared in force shortly after 9/11. Suddenly it is a lot harder for a terrorist to bomb a train station in the West than it is for a Predator to target that same would-be terrorist’s home in South Waziristan.

Notwithstanding my admiration for his work, I cannot sign onto this particular piece.  Perhaps I am once again blinded by my antipathy for the current Administration, leading me to reject anything that reflects well on Obama, a kind of cognitive dissonance that finds fault where there is none.  On the other hand, it may be that Herschel Smith (and other folks like Tim Lynch, Michael Ledeen and Michael Yon) educated me too well to fall into facile thinking about a war won with drone attacks.   I am surprised to hear Professor Hanson saying anything to this effect.

What support is there for Hanson’s statement that drones have facilitated “getting the upper hand in the long war against Middle Eastern terrorists” ?

I certainly do not deny that drones have proven to be exceedingly useful tools on the battlefield and adept at decapitation operations, but Hanson seems to make way too much out of the effect of drones.  Yes, many al-Qaeda and affiliated terror group leaders have been killed and their accumulated expertise, leadership and inspiration denied to their followers.   But, as we have seen again and again in Iraq, Afghanistan, Yemen, Gaza, Lebanon, Iran and Somalia, merely ridding terror groups of their top leadership provides at best a respite until new leadership fills in the vacated posts.   Capabilities can be blunted at times with this tactic but the larger struggle continues unabated.   In short, no one has yet proven that decapitation operations are winning the war.

And I posit that no one can prove this point because to argue this is to mistake the very nature of the war itself.

Has the killing of Bin Laden and others really “turned the tide” in our favor as Hanson claims?  It could be argued that Al Qaeda as an organization was already dead or dying, discredited by their humiliating defeat in Iraq and their failure to launch any new attacks against the U.S. homeland.  In this sense, Al Qaeda leadership has been sitting around waiting to be picked off.   Very simply put, the game has changed dramatically since 9-11 and Al Qaeda and its cohorts are no longer all that relevant.   The ball has been taken up by other larger forces and by events that no one could foresee in 2001 or even 2009.   The Muslim Brotherhood, Hamas, Hezbollah, the Iranian Revolutionary Guard, the so-called Arab Spring.   These are all actors and events that are well beyond the reach of Drones and will have the most to say about winning or losing the war against militant Islam.

This is the problem with incorrectly identifying the enemy and the nature of our war.  It is far larger than any one terror group or 2,200 disembodied radicals.  The enemy is an ideology that is antithetical to Western civilization.  Like it or not, we are in a civlizational war with militant Islam.  If it makes us feel better to kill off 2,200 bad guys in Pakistan or Yemen or wherever, fine.

This explains, by the way, the strange attraction of Drones for Obama.  It is a cheap, easy and politically potent tool, giving him something concrete he can point to and say, “See what I’ve done to defeat terror?”

In the meantime, the ideology is not defeated.  To the contrary, it grows and metastasizes throughout the Middle East.  Iran.  The Muslim Brotherhood in Egypt and Gaza (and Syria?).  Hezbollah in Lebanon.  Islamists in Libya.  The U.S. has done nothing to counter the Islamist ideology or strengthen the hands of those in the Middle East who share our values but need strong support to make their case to the people.  We blandly ignore the protests in Iran and Syria as internal matters, allowing the Islamists to gain the upper hand.  We have wasted 10 years in Afghanistan with futile attempts to impose an 18th century notion of democratic rule on a 9th century nation that sees little need to change.  But let’s celebrate those drone strikes.  The ground in the entire Middle East is shifting right under our feet, but, boy, did we blast those bad guys to bits in those remote villages and caves.

Drones are not the answer to any of this.   If only they were.   We cannot win this war with technology.   We have to defeat militant Islam the same way that we defeated fascism and communism:  by showing that they are bankrupt and evil ideologies.   Drones cannot save us.    Sorry Professor Hanson.

Heller Versus D.C. Before The Circuit Court Of Appeals (Assault Weapons Ban)

BY Herschel Smith
3 months, 2 weeks ago

The Washington Post editorial board droned on about a recent ruling concerning the District of Columbia “assault weapons” ban.

Last week, the judges — or, more precisely, two of them — delivered a pleasant surprise. Chief Judge Douglas Ginsburg and Judge Karen LeCraft Henderson upheld the District’s ban on “assault weapons” and high-capacity magazines — defined by the District as those holding more than 10 rounds of ammunition. Also upheld were certain provisions that require gun owners to register handguns. The decision was, in our view, correct in its conclusions and methodology.

The judges, as is common with constitutional issues, asked a series of questions: Are semiautomatic weapons and high-capacity magazines in “common use” or are they the type of weapon — think, sawed-off shotguns — that the Supreme Court has said is not covered by the Second Amendment because they are “not typically possessed by law-abiding citizens for lawful purposes”? Do the regulations infringe on the fundamental right to keep and bear arms for self-defense? How does any infringement of the individual right balance against the government’s interest in protecting public safety?

Gun registration, the judges ruled, is “deeply enough rooted in our history to support the presumption” that it is constitutional. The ban on semiautomatic long guns is permissible, they concluded, because it does not prohibit possession of “the quintessential self-defense weapon” — the handgun. Those who wish to keep a long gun for hunting or self-defense may legally own a non-automatic rifle or shotgun. The judges also rightly deferred to the District’s concerns over safety in banning high-capacity ammunition clips that “pose a danger to innocent people and particularly to police officers.”

The third panel member, Judge Brett Kavanaugh, would have struck down regulations banning semi-automatic long guns and requiring gun registration, but he would have asked a lower court to conduct more fact-finding on whether a ban on high-capacity ammunition clips passed constitutional muster. The right to keep and bear arms, he argued, should not be subject to the balancing test adopted by the majority. Because semiautomatic weapons and high-capacity magazines have been in common use, he argued, they should presumptively be deemed constitutional. But “common use” in this approach spells the end of common sense and quashes the ability of diverse jurisdictions to fashion laws that address specific safety concerns. As the majority opinion shows, Second Amendment rights can be respected without thwarting legitimate public safety goals.

The editorial board is referring to the case of Dick Anthony Heller, et. al., versus D.C. before the D.C. Circuit Court of Appeals, decided October 4, 2011.  This case follows on from the Supreme Court ruling in D.C. v Heller, decided June 26, 2008.  Dick Heller and others decided to appeal a D.C. court ruling that prohibited them from owning so-called “assault weapons” in D.C. due to local ordinances.  The SCOTUS decision in Heller, they claimed, made D.C.’s ban of these weapons unconstitutional.

The phrase “assault weapons” is, of course, deplorable because of its misleading connotations (weapons with rails for attachments such as tactical lights, forend grips, a pistol grip, collapsible stock, etc., are classified as “assault weapons due to these features).  More deplorable is the complete ignorance of the subject in the MSM, especially when they decide to weigh in on the issue.  But more deplorable still is when judges make life-altering decisions based on factually incorrect information, in total isolation from any personal knowledge of the subject upon which they are supposed to adjudicate.  Such is the case with the D.C. Circuit Court of Appeals in its latest foray into the unknown.

Much of the decision is occupied with the two judges arguing for intermediate scrutiny as opposed to strict scrutiny as to whether second amendment rights are implicated by the D.C. ban.  But it doesn’t take long for the decision to become muddled.  On page 30 they state:

We think it clear enough in the record that semi-automatic rifles and magazines holding more than ten rounds are indeed in “common use,” as the plaintiffs contend. Approximately 1.6 million AR-15s alone have been manufactured since 1986, and in 2007 this one popular model accounted for 5.5 percent of all firearms, and 14.4 percent of all rifles, produced in the U.S. for the domestic market. As for magazines, fully 18 percent of all firearms owned by civilians in 1994 were equipped with magazines holding more than ten rounds, and approximately 4.7 million more such magazines were imported into the United States between 1995 and 2000. There may well be some capacity above which magazines are not in common use but, if so, the record is devoid of evidence as to what that capacity is; in any event, that capacity surely is not ten.

Here is the perhaps the only correct set of assertions contained in the ruling, and the Washington Post has gotten it exactly backwards.  The judges didn’t base the ruling on whether assault weapons are in “common use.”  They clearly are.  But the rejection of this framework contained within Heller isn’t comprehensive or final, as we’ll see in a moment.

On page 33 of the decision, the judges begin to construct their own framework for rejection of assault weapons and exoneration of D.C.’s ban.    They turn their focus on D.C.’s “Committee on Public Safety,” the findings in their report, and whether the ban has a reasonable “fit,” tailored to the goals of public safety and reducing violent crime.  The committee relied upon An Updated Assessment of the Federal Assault Weapons Ban:Impact on Gun Markets and Gun Violence, 1994-2003.  The report does make the claim that “AWs and other guns equipped with LCMs tend to account for a higher share of guns used in murders of police and mass public shootings, though such incidents are very rare.”  But no evidence is offered to substantiate the claim (as we’ll see in a moment, there is none).

But there is sleight of hand.  By lumping police murders and mass shootings together, along with “assault weapons” and high capacity magazines (what they termed “large” capacity magazines, which I take to be rather outdated and not in colloquial usage), the authors get to make claims that are sweeping in nature while misleading in the details.  It only takes a single shot to murder anyone, including a police officer.  No one needs a high capacity magazine to pull off a murder.  But the ugly specter of “mass shootings” introduces the emotional element that the committee needs to make their case.

Then the judges return to the framework of Heller, after jettisoning it earlier, by referring to whether assault weapons are “dangerous and unusual” (see page 34).  After quoting Brian Siebel of the Brady Center as an expert witness, the judges conclude “In short, the evidence demonstrates a ban on assault weapons is likely to promote the Government’s interest in crime control in the densely populated urban area that is the District of Columbia.”  On page 35, the judges jump into bed with Siebel when they parrot his own words.

The Siebel testimony moreover supports the District’s claim that high-capacity magazines are dangerous in self-defense situations because “the tendency is for defenders to keep firing until all bullets have been expended, which poses grave risks to others in the household, passersby, and bystanders.” Moreover, the Chief of Police testified the “2 or 3 second pause” during which a criminal reloads his firearm “can be of critical benefit to law enforcement.” Overall the evidence demonstrates that large-capacity magazines tend to pose a danger to innocent people and particularly to police officers, which supports the District’s claim that a ban on such magazines is likely to promote its important governmental interests.

This is highly problematic prose, not only for the facts it claims to exist (“dangerous in self-defense situations”), but also for the light that it casts on the decision process.  The judges have earlier jettisoned Heller’s framework for weapons that are unusual by observing that the AR style weapons are not at all unusual, then reintroduced Heller’s framework in their decision by arguing that these weapons are “unusual and dangerous,” changed the framework again by arguing that the basis for the decision is public (police) safety, and then modified their argument again to introduce their concern for people involved in self-defense and those around them.

The rest of the decision is just as muddled as the foregoing was, and it is appropriate at this point to make several observations concerning some of the alleged facts upon which the court has based its decision.

It can be argued that not only is the 5.56 mm round and the AR style weapons a legitimate home defense weapon, it is in some circumstances the optimal one to use.  The District of Columbia and the judges find themselves in the uncomfortable position of saying that it is acceptable for citizens to possess a long gun shooting the 7.62 mm round, as long as it doesn’t have a collapsible stock, forend grip, or rails for lasers or lights (after all, we wouldn’t want individuals to be precise in their self defense, or perhaps we do because of the safety of others around them).  Or, substitute here a shotgun, even shooting slugs for self defense.  Yet one feature of the 5.56 mm round shot from any AR is that brick (and in fact multiple layers of drywall) shatter the round, turning it into shrapnel due to its tendency to yaw upon impact (and even during flight).  Thus, people in adjacent homes are at least as safe with the AR as they are with any shotgun, and they may be more safe.  The same holds true for rounds fired from pistols (from 9 mm and above in caliber).  Pistol rounds penetrate more layers of drywall than 5.56 mm rounds.

As for the testimony of law enforcement officials, it’s always easy to find a police chief or sheriff who wants to rid his area of all weapons.  Concerning the recent ban on open carry in California, Los Angeles County Sheriff Lee Baca said “For law enforcement officers and community members, any type of weapon being carried, openly or concealed, could appear as a threat to their well-being and is regarded as a public safety threat.”

Note what was said.  The subject was open carry, and not only does the Sheriff not like open carry, he doesn’t approve of concealed carry either.  It is regarded as a “safety risk.”  But risk in this context is defined by him, as a policy matter, representing police officers, rather than innocent citizens looking to do nothing more than defend their person in the case of peril.

But if assault weapons aren’t really dangerous in self defense situations as the Brady Center (and the court) claims, what about this notion that they (whether long guns or high capacity magazines used for handguns) represent a danger to public safety because of the threat of mass shootings?  This is the real bogey man lurking behind the curtain after all of the other reasons are given, reasons that appear to be like so many leaky buckets slammed together, and it makes sense to assess the history of mass shootings in America.  I have provided some of the details in Mass Shootings in the U.S. (HPS).

Disclaimer and stipulations: (1) I have tried to include all known mass shootings in recent history, but the list may not be comprehensive, (2) Number of deaths excludes suicide by the shooter, (3) Some information is marked unknown, (4) the list is in no particular order, and finally, (5) I have followed no specific definition of “mass shooting,” except that no attempt has been made to capture individual murders or even double-murders.

As Robert Farago observes, there is no single, equivalent definition of high capacity magazine.

California, Hawaii, Massachusetts, New York, Oak Park, Illinois – 10 cartridge limit
Chicago, Illinois – 12
New Jersey, Aurora, Illinois; – 15
Franklin Park, Illinois – 16
Maryland – 20
Denver, Colorado: – 21
Riverdale, Illinois – 35

Thus the Violence Policy Center has used a gratuitous definition that improves their chances of making compelling literature.  The definitions are not particularly useful, however, since I have tried to provide what is publicly available.  Moreover, analysis of the data provided in Mass Shootings in the U.S. (HPS) gives some insights that call into question the usefulness of generalizations and categories.

First, there simply haven’t been that many mass shootings in the U.S.  There aren’t enough to be statistically significant, but anecdotal wisdom can nonetheless be gleaned from the data.  Second, the charge that assault weapons are somehow the weapon of choice, or are involved in increasing proportions in mass shootings, is simply false.  The data shows that handguns are involved at a rate of 4:1 compared to either shotguns or rifles of any kind.

Third, the most frequent choice for such shooters in order to achieve effectiveness seems not to rely on magazine capacity, but having multiple weapons and magazines.  Fourth, the highest number of deaths occurs in instances of handgun use, not AR or AK use.  Fifth, determined and well-prepared shooters, e.g., the Texas tower murders, can use bolt action rifles to wreak carnage without the accouterments of the “assault weapon” label.  Sixth, most shooters carried multiple magazines, and seemed to be capable of fairly rapid magazine changeout.  In fact, given the ability to perform this action quickly, it isn’t obvious that use of magazines of different capacity would have substantially changed the calculus for any of the incidents.  The Fort Hood shooter used a high capacity magazine for his FN Five-Seven, but he also performed magazine changeout.  He didn’t stop shooting until he was himself shot.  It isn’t apparent that more magazine changeouts would have changed the outcome of the incident.

While correlation isn’t causation and no conclusive judgments may be made from this data due to the limited quantity of the set, this is true in the superlative for those who would try to use it to demonstrate in the legal system that so-called assault weapons are more dangerous than any other type of weapon or are involved in more crimes.

The D.C. Circuit Court of Appeals ruling continues to amuse at it goes on.  Eventually the court parrots the words of the ATF concerning the lack of a sporting purpose for assault weapons, a cultural framework that is dated by at least twenty five years.  I pointed this out in Analysis of the ATF Study on the Importability of Certain Shotguns.  Mentioning the Saiga-12 competitions or the local 3-Gun competitions should be enough to cause the authors to go back to the drawing board and craft up-to-date language and regulations (or better yet, simply reverse the regulatory trend of micromanagement).  The ATF language is simply outmoded, incorrect and useless.

But hysteria over assault weapons causing bad judicial outcomes isn’t the only problem.  In the Southern district of New York, Judge Cathy Seibel has ruled that possession of a firearm of any kind outside of the home is a privilege rather than a right.  Continuing with this theme, Sean Masciandaro fell asleep in his car while resting from a long drive, and this happened to occur on National Park land.  He was arrested for failing to remove the ammunition from the proximity of his weapon and place it in a remote location such as the trunk of his car (as if the weapon would have been any protection for him unloaded).

The attorneys for Sean argue thusly.

Heller and McDonald left open important questions regarding the scope of the self-defense right beyond the home and the appropriate method for evaluating government regulations affecting it. The lower courts have struggled mightily with these issues. See, e.g., Masciandaro, 638 F.3d at 467 (“But a considerable degree of uncertainty remains as to the scope of that right beyond the home and the standards for determining whether and how the right can be burdened by governmental regulation.”); United States v. Skoien, 614 F.3d 638, 640 (7th Cir. 2010) (en banc) (“Skoien II”) (Heller creates an individual right that includes keeping operable handguns at home for self-defense but “[w]hat other entitlements the Second Amendment creates, and what regulations legislatures may establish, were left open.”), cert. denied, 131 S. Ct. 1674 (2011).

The highest state courts that have considered the issue unanimously decided that the Second Amendment right is limited to the home. Maryland, the District of Columbia, Illinois, Massachusetts, New York, and Kansas have all limited Heller to its holding. 9 For example, the Maryland Court of Appeals upheld Maryland’s firearm permitting statute, concluding that the right is unavailable outside the home. Williams v. State, 417 Md. 479, 496 (Md. 2011) (stating that “[i]f the Supreme Court, in this [Heller] dicta, meant its holding to extend beyond home possession, it will need to say so more plainly”), petition for cert. filed, 79 U.S.L.W. 3594 (Apr. 5, 2011). That court noted that Illinois, the District of Columbia, and California also limited the right in similar cases. Id. at 496-99. Given this trend, state courts that confront Second Amendment issues in the future will likely limit its protection to the home.

Other state and federal courts have held that even if the right might exist outside the home, it is substantially weaker than the right enjoyed in the home.

Heller was a muddled decision and at least placed language in effect that justified the micromanagement of weapons types (with the statement that the “handgun is the quintessential self-defense weapon,” it sounds as if Antonin Scalia has been watching too much television).  But if Heller was muddled, the D.C. Circuit Court of Appeals (and other courts throughout the nation) have made the problem an order of magnitude larger, with incoherent arguments, factually incorrect statements, lack of personal knowledge of firearms, and reliance on “experts” who are known to be duplicitous and ignorant of the subject.  We can forgive editorial boards.  After all, they wax eloquent in ignorance all the time on all kinds of things.  Courts cannot be forgiven.

According to the D.C. Circuit Court of Appeals, the D.C. assault weapons ban is based on something other than those weapons being unusual since there are hundreds of thousands of them in circulation.  But not really, because they are unusual and dangerous weapons, and the real concern has to do with the safety of police officers, until the public is mentioned, because their protection is paramount.  And if all of that doesn’t work, the big bad bogeyman of “mass shootings” should be enough to convince the reader that they should be banned.  It’s just a horrible decision that wouldn’t make the grade in any college writing class.

And worse?  The Supreme Court bought all of that and refused to hear Heller’s appeal.  The Supreme Court has one more chance to get it right this term with the case of Sean Masciandaro.  If they don’t, Heller will be nothing more than a right to possess a weapon inside the home, and the second amendment will have been eviscerated.

UPDATE: I appreciate the links give to this article by Say Uncle and David Hardy at Of Arms & the Law.

Grenade Walking

BY Herschel Smith
3 months, 2 weeks ago

From CBS News:

There’s a new twist in the government’s “gunwalking” scandal involving an even more dangerous weapon: grenades.

CBS News investigative correspondent Sharyl Attkisson, who has reported on this story from the beginning, said on “The Early Show” that the investigation into the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s so-called “Fast and Furious” operation branches out to a case involving grenades. Sources tell her a suspect was left to traffic and manufacture them for Mexican drug cartels.

Police say Jean Baptiste Kingery, a U.S. citizen, was a veritable grenade machine. He’s accused of smuggling parts for as many as 2,000 grenades into Mexico for killer drug cartels — sometimes under the direct watch of U.S. law enforcement.

Law enforcement sources say Kingery could have been prosecuted in the U.S. twice for violating export control laws, but that, each time, prosecutors in Arizona refused to make a case.

Grenades are weapons-of-choice for the cartels. An attack on Aug. 25 in a Monterrey, Mexico casino killed 53 people.

Sources tell CBS News that, in January 2010, ATF had Kingery under surveillance after he bought about 50 grenade bodies and headed to Mexico. But they say prosecutors wouldn’t agree to make a case. So, as ATF agents looked on, Kingery and the grenade parts crossed the border — and simply disappeared.

Six months later, Kingery allegedly got caught leaving the U.S. for Mexico with 114 disassembled grenades in a tire. One ATF agent told investigators he literally begged prosecutors to keep Kingery in custody this time, fearing he was supplying narco-terrorists, but was again ordered to let Kingery go.

The prosecutors — already the target of controversy for overseeing “Fast and Furious,” wouldn’t comment on the grenades case. U.S. Attorney Dennis Burke recently resigned and his assistant, Emory Hurley, has been transferred. Sources say Hurley is the one who let Kingery go, saying grenade parts are “novelty items” and the case “lacked jury appeal.”

Attkisson added on “The Early Show” that, in August, Mexican authorities raided Kingery’s stash house and factory, finding materials for 1,000 grenades. He was charged with trafficking and allegedly admitted not only to making grenades, but also to teaching cartels how to make them, as well as helping cartel members convert semi-automatic rifles to fully-automatic. As one source put it: There’s no telling how much damage Kingery did in the year-and-a-half since he was first let go. The Justice Department inspector general is now investigating this, along with “Fast and Furious.”

 Sharyl Attkisson has indeed been on this story from the beginning, as have the folks at Sipsey Street Irregulars and David Codrea with Examiner.  This isn’t the first mention of explosive ordnance in the context of Fast and Furious, but the magnitude of the scandal in this report is important.

It’s also important to note that, unlike the characterizations in the MSM (other than CBS) and even sometimes at one of my favorite hangouts (reddit guns), this scandal has nothing whatsoever to do with incompetence or negligence.  Even the term malfeasance isn’t quite appropriate.  All of these terms imply that the ATF was simply too stupid to pull off a sting that was ill-conceived from the beginning and should never have been tried.  Folks at the ATF aren’t stupid.  The real story, as so aptly pointout out by Bob Owens, is that the ATF knew that they could never track these weapons across the border, as they have no jurisdiction in Mexico, no intelligence, no ability to follow the firearms themselves, and no confidence in the ability of the Mexican authorities to do any of this either.

This operation wasn’t an instance of stolid neglect or incompetence.  What we’re witnessing isn’t a bug in the operation.  It is a feature.  And now we see that one aspect includes knowingly allowing the trafficking of explosive ordnance.  It isn’t just the coverup that is the problem here.  This is clearly a violation of Arms Export Control Act, and many other statutes.

Mexican Cartels Are Warlords and Insurgents

BY Herschel Smith
3 months, 2 weeks ago

But a State Department official doesn’t think so.

A State Department official resisted pressure from congressmen to call Mexican drug cartels “terrorist” or “insurgent” organizations during a Oct. 4 joint hearing of subcommittees from House Foreign Affairs and Homeland Security.

“I agree with virtually all of the suggestions that the facts are consistent with the label [terrorist group],” said William Brownfield, assistant secretary of state for the bureau of international narcotics and law enforcement affairs.

But so labeling Mexican drug cartels could have unknown implications, Brownfield said. “What does it give us that is more than we already have?” he asked.

Rep. Michael McCaul (R-Texas), chairman of the House Homeland subcommittee on oversight, investigations and management, contended that the designation would “provide additional authorities to help Mr. Calderón win this war,” referring to Mexican President Felipe Calderón.

Mexican ambassador to the United States Arturo Sarukhan suggested in a April 11 Dallas Morning News letter to the editor that a consequence of calling the cartels terrorist would be “to start calling drug consumers in the U.S. ‘financiers of terrorist organizations.’”

But the degree of psychological [un]appeal of a conclusion is no excuse for not completing the syllogism.   This is logic 101.  As to what would be accomplished were we to treat the Mexican cartels as warlords and insurgents as I have recommended, we could unleash the U.S. military and unshackle their efforts from the constraints of the SCOTUS decision in Tennessee v. Garner.  As for decriminalizing drugs as a solution, I continue to claim that it is a Potemkin solution.  Further, it isn’t legitimate to discuss this issue unless and until the legal and political framework is in place where I am not required to pay for the food, housing, medical care or any other cost associated with drug users.  Reconstruct this framework and we’ll talk.  Until then, as long as my tax dollars go to support half of the country (and could support more if drugs are legalized), I have the right to say how they live.  You can’t have partial libertarianism.  It’s all or nothing.  Continuing with the report:

“Our interest is less in the semantics, less in the label but what the label implies operationally for us. And for us we find that the law enforcement tools that we have are best-suited for the job,” said Mariko Silver, acting assistant secretary within the Homeland Security Department office of international affairs.

“I believe our authorities, our federal narcotic laws are sufficient to address the trafficking problem that exists now,” said Rodney Benson, Drug Enforcement Administration chief of intelligence.

Thus is Rodney Benson an idiot.  No one goes on record saying that everything is just fine and all the tools necessary to secure the border and fight crime are available.  Some people want to legalize drugs, some people (me) want to treat this as a war (no, not with some ridiculous “war on drugs” slogan, but a real war against warlords and insurgents, killing the bad guys with robust rules of engagement), and some want to increase law enforcement assets.  But no one says that every thing is fine.  Except for Rodney Benson, who thinks that everything is just fine, and who is an idiot.

Prior: Texas Border Security: A Strategic Military Assessment

The Lies of the Brady Campaign

BY Herschel Smith
3 months, 2 weeks ago

California has recently prohibited open carry.

Sunday night, California Gov. Jerry Brown signed into law two bills affecting gun owners and dealers.

Brown signed AB 144 by Assemblymsn (sic) Anthony Portantino (D-La Cañada-Flintridge) to ban the open carry of handguns in California; and AB 809 by Assemblyman Mike Feuer (D-Los Angeles) to close a loophole in state law that required the destruction of long gun sales and transfer records.

“The Governor has shown common sense and real courage by standing with law enforcement and victims of gun violence to make our communities safer,” said Dr. Dallas Stout, President of the California Brady Campaign Chapters.

AB 809 will require the preservation of records for long guns sold or transferred in the state after Jan. 1, 2014. Currently, only handgun purchases and transfer records are retained by the state Department of Justice.

“The retention of long gun records will enable the tracing of long guns used in crime and help law enforcement expose traffickers and sources of illegal guns,” continued Stout. Data from the state Department of Justice shows more th an half the guns recovered from armed and prohibited persons are long guns.

AB 144 will prohibit carrying in public openly displayed handguns. Last January, the California Chapters of the Brady Campaign announced their Demand Gun-free Dining – California project in response to a political movement of gun enthusiasts testing an old law — which allows the open carry of semi-automatic weapons with live ammunition magazines readily available — by holding gun gatherings in local restaurants and on public property.

“By prohibiting the open carry of guns, we can now take our families to the park or out to eat without the worry of getting shot by some untrained, unscreened, self-appointed vigilante,” Stout continued.

A gun registry is one of the stepping stones to the holy grail for the Brady Campaign, the total absence of guns in the hands of law abiding citizens.  But don’t be deceived.  The Brady Campaign is lying about being able to “take families to the park or eat without the worry of getting shot by some untrained, unscreened, self-appointed vigilante.”  It isn’t really concealed carry that the Brady Campaign wants.  Not at all.  The Brady Campaign puts out so much silly propaganda that it cannot keep its own story straight.  As reported by Rock River Times (apparently reporting not too far, ironically, from Rock River Arms in Colona Illinois), the Brady Campaign is arguing for something different in Illinois.

The Brady Center to Prevent Gun Violence intends to file two amicus briefs in federal courts this week in Illinois urging dismissal of two gun lobby lawsuits challenging the validity of Illinois law restricting the public carrying of firearms.

Illinois is the only state in the nation that has yet to legalize a form of concealed carry of firearms.

“The people of Illinois have made the reasonable decision to keep deadly semi-automatic weapons off the streets,” said Brady Center Acting President Dennis Henigan. “Courts have wisely rejected the gun lobby’s argument that the Constitution provides a right to carry loaded handguns in public, and the Second Amendment does not require people to be subjected to the grave risks of more loaded guns in our communities.”

You see, the Brady Campaign doesn’t want concealed carry either.  Their faux praise for the new California law prohibiting open carry is for appearances.  They must keep up the facade of reasonableness and legitimacy on their way to their holy grail.  In reality, they want the total disarmament of the population (which can never succeed with the criminals).  In shouldn’t be able to succeed with law-abiding citizens either, which is one reason we mustn’t give one inch to the anti-firearms zealots and bigots.

I’ve discussed my open carry practices in my home state of North Carolina before, and this is another fine time to mention that my sister state of South Carolina still needs a progressive and forward-thinking congressman to carry them out of the dark ages and allow open carry.  South Carolina still agrees with California, as odd as that may sound.  They both prohibit open carry now.


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