Articles by Herschel Smith

From Jeff Winkler at The Daily Caller:

Recently introduced federal gun legislation would codify and greatly expand the definition of those barred from owning a gun because they suffer from broad, umbrella-like definitions of mental health problems. Mental health advocates, however, say legislators reacting to “deranged” people going on shooting sprees are “completely missing the point.”

Last week, New York Democratic Rep. Carolyn McCarthy introduced the Fix Gun Checks Act of 2011, a nearly-identical resolution to that introduced in the Senate in March by her New York colleague, Democratic Sen. Chuck Schumer. Both bills include a section dedicated to further codifying in federal law what it means to be “adjudicated as a mental defective.” The proposed change would label any person a “mental health defective” who appears to “lack the mental capacity to contract or manage his own affairs,” or is “compelled” to receive counseling or medication.

Other, seemingly more obvious, definitions of a “mental health defective” include anyone who has been found criminally insane, found incompetent to stand trial or found not guilty by reason of mental deficiencies.

According to the legislation, decisions of whether someone is of subnormal intelligence, competency and/or mental illness are to be decided by a “court, board, commission, or other lawful authority.” No medical qualifications or background in psychological sciences are specified as necessary for such lawful authorities.

A court, board, commission or lawful authority.  Right.  And as for people who have been on anxiety medication?  Or perhaps people who were diagnosed as ADHD who had been on ritalin at one time?  How about people who went to their pastor for marriage counseling?

I’ve said it before.  It’s ironic how illiberal some liberals can be.  There is actually nothing about so-called liberals that is liberal.  They are all statists and control freaks.  I have never met one who doubts that the state doesn’t have an answer for everything.  It can right every wrong, compensate every injustice, and prevent every evil.  A new law is apparently the answer for crimes with weapons, administered, adjudicated, supervised and applied, of course, by the man.  You know, that man that liberals say they hate so much?

General Sir David Richards recently discussed the British experience in the Helmand Province, and he gave an interesting perspective to the British public.

Serious intelligence failures meant British commanders were unprepared for the Taliban-led insurgency in Afghanistan as soldiers “turned up a hornets’ nest”, three of the country’s most senior military officers have said.

General Sir David Richards, the chief of the defence staff, told MPs the British had got involved in a very serious situation, adding: “War is a bummer.”

A failure of intelligence, notably about tribal loyalties and aggressive US operations, and ill-thought out attempts to eradicate the opium poppy harvest, combined to exacerbate an already dangerous situation facing the 3,000 British troops sent to Helmand by the Blair government in 2006, the officers said.

[ … ]

Houghton, a widely respected general who, along with Richards, was interviewed by Cameron for the top military post, listed a number of problems that came together.

Britain’s military commitment to Iraq was higher than it was anticipated it would still be in 2006, and British troops arrived in May, “the natural start of the fighting season”.

The Taliban, at the time, encouraged the belief that foreign troops were out to eradicate the poppy harvest, a valuable source of income for local farmers. Some 200,000 labourers migrated from Pakistan to help with the poppy harvest, and some were happy to stay as “guns for hire”.

Houghton added that US troops had just engaged in “particularly kinetic” [aggressive] military operations at the time.

Moreover, at the behest of President Hamid Karzai, British troops were deployed to forward “platoon houses” in northern Helmand areas such as Sangin and Musa Qala. The soldiers turned out to be dangerously exposed and too few in number.

Assessing the list for a moment, the Brits did indeed deploy to hard area, the same areas that know a U.S. Marine presence right now.  There have not been enough troops, and the Brits certainly had a hard time of things in Helmand.  They didn’t have the necessary troops to cover the Province, and Taliban fighters had taken over Now Zad as an R&R area.  When the U.S. Marines arrived in Now Zad they brought two trauma physicians with them due to the severe injuries they sustained.  They routinely slept forward deployed in groups of two or three Marines in what they would later term as “Hobbit Holes” dug into the earth and other structures.  Now Zad was almost entirely outside the wire.

Yet the British Generals are hedging.  It wasn’t the lack of troops that lost Musa Qala.  It was the ill-conceived alliance with one Mullah Abdul Salaam.  But the most significant observation concerns U.S. operations, and the British regarded them as “particularly kinetic.”  A clearer statement is given to us by The Independent.

These included the Taliban’s portrayal of moves to eradicate opium plants as evidence that the UK forces wanted to destroy local farmers’ livelihoods, the appointment of a new provincial governor which destabilised the tribal balance, and previous intensive American military operations which “whipped up” the situation.

American military operations whipped up the situation.  This is an absolutely remarkable comment.  Just remarkable.  In Getting the Narrative Right on Southern Afghanistan I strongly criticized a strategic assessment conducted by Professor Theo Farrell of Kings College in London.  Being a classy fellow, Theo offered a clinical and unemotional response in the comments.

In my visits to Helmand, I have found differences of opinion – some expressed in strong terms – betw Brit and USMC officers. But I consider this entirely natural (indeed there are considerable differences of opinion w/in the Brit Army, as I expect they are w/in the US Army and USMC). So I don’t want to overplay these. The one general difference that I would draw out is over the pace of progress. Basically Marine commanders push the pace beyond that which the British consider sustainable and indeed desirable. Fast progress on the military line of ops is not sustainable in COIN if it outpaces too much the governance and development lines of ops.

I don’t think there is a ‘gov in a box’ theory of COIN. Basically, this term came from somewhere in ISAF command as part of a media spin which ultimately backfired. I believe that M4 was referring to the District Delivery Program, which was a GIRoA program to rapidly develop governance in 80 key terrain districts. 6 were selected for trial, 4 in Helmand. Nad-e-Ali was one of these, and it may be that Marjah was part of this package (as before Op MOSHTARAK, Marjah was actually part of Nad-e-Ali; it became a full fledged district afterwards). DDP has some promise. And the latest word I hear is that Marjah is looking pretty good. But the main point of my analysis, which I refer to in this interview, is that COIN takes time. The CLEAR can be done fairly quickly, as indeed the Marines demonstrated in Marjah. But the HOLD requires the slow building up, consolidation and/or improvement of governance, infrastructure and basic services. That stuff just can’t be rushed. You can’t fedex it in.

Let me also emphasise that I’m not saying for a moment that the Brits have all the answers or that they are somehow better at COIN than the US Marines. British Army officers are the first to admit now that they’ve much to learn from their American brothers in arms. And indeed, 52 Brigade and 16 Air Assault Brigade have only praise for the MEU (I think it was the 24 MEU) which provided critical support to Task Force Helmand in 2007-08. I spent some time with the 2/8 Marines in Garmsir in late 2009. As I emphasise in my report on Op MOSHTARAK for British Land Warfare Command, armies aren’t good or bad at COIN, commanders and units are. Anyway, my report can be downloaded from here.

I appreciate the professor’s good natured comments.  But I still think we’re missing each other’s point.  If Theo cares to elaborate further I welcome the correction or clarification.  As to the issue of “government in a box,” I simply cannot account for General McChrystal’s remark that Marjah was a “bleeding ulcer” just months (or weeks) after arrival of the Marines.  Only someone with a childlike belief in magic could possibly believe that the Marines could waltz into Marjah with a governor and make things okay.  Michael Yon also tells me that to a man, the British officers believe in the “government in a box” view of counterinsurgency.

But more to the point, I am not implying, nor would I imply, that the U.S. Marines are better at counterinsurgency than the British.  The U.S. Marines claim that they the greatest at everything, and cheaper and faster than anyone else, but that’s just propaganda and they say it all the time about everything.  Tactics are just that, and any army can be trained for tactics as long as they have high quality NCOs, and the British and Americans do have high quality NCOs.  Additionally, I know first hand that the U.S. Marines (whom I know) have the utmost respect for the Royal Marines, more so in fact than they do for themselves.  But who is better at tactics is irrelevant.  The aggregation of tactics does not make a strategy.

Speaking of the U.S. Marine presence in Garmsir (24th MEU), they did more than support a British operations.  They killed some 400 Taliban fighters, and in spite of complaints over the heavy kinetics by the British, turned over an AO back to the British that was relatively stable and free of Taliban violence.  When the Marines took Garmsir, the local elders were even courting the Marines and told them “if you protect us, we will be able to protect you.”

But upon returning to Garmsir and taking over from the British, they met stiff Taliban resistance.  The locals told the Marines that they wanted them to follow and kill every single Taliban fighter, but the U.S. Marines and the British are still significantly at odds over their approach to counterinsurgency.  The Marines made a conscious choice to be more aggressive than the British in Sangin, and the British advisers continue to counsel the same approach that the British took in Helmand.  They want the U.S. to “de-escalate” the situation.

The point has never gone to tactics and the ability to implement them.  There is a school of counterinsurgency that believes that until heavy kinetics has the insurgency on the run and effectively defeated, legitimate governance cannot exist.  The opposite school sees a more symbiotic relationship between actors and root causes in counterinsurgency.

It isn’t my intent to argue this disagreement in this article.  My point is that while the British may be the best and most staunch allies of the U.S., the perspectives concerning counterinsurgency, stability operations and irregular warfare couldn’t be more dissimilar.  I say again, for General Sir David Richards to remark that U.S. kinetic operations “whipped up” the situation is truly remarkable itself.  Just remarkable.

Joshua Foust is both a genuinely good guy and an expert on the affairs of Central Asia.  I am neither.  With that said, I strongly disagree with the theme of his analysis of the question of whether all militants are the same?  He weighs in thusly.

Max Boot thinks all militants are the same.

Of greater immediate concern are al Qaeda’s allies: the Quetta Shura Taliban, the Haqqani network and Hezb-e-Islami Gulbuddin (HiG), which among them deploy thousands of hardened terrorists. These groups, in turn, are part of a larger conglomeration of extremists based in Pakistan including the Tehrik-i-Taliban Pakistan (the Pakistani Taliban), Lashkar-e-Taiba and Jaish-e-Mohammed…

The major difference among them, at least so far, has been one of geographic focus. The Taliban, the Haqqani network and HiG want to seize power in Afghanistan. The Pakistani Taliban aspires to rule in Islamabad. Lashkar-e-Taiba and Jaish-e-Mohammed are primarily focused on wresting Kashmir away from India, although there have been reports of the former’s network expanding into Bangladesh, Nepal and Sri Lanka. Only al Qaeda has a global focus—so far.

Apart from rightly noting that al Qaeda is the only one of these groups that poses even a remote threat to the U.S. homeland, this is basically all wrong—so wrong I’m curious if it is the result of maliciousness or just laziness. Boot engages in some worrying conflations and conceptual fuzziness. Assuming the Pakistani and Afghan Taliban groups work together, are equally associated with al Qaeda, or pose an equal and in some way interchangeable threat is, put simply, dramatically at odds with our understanding of those groups, their goals, and their methods. There is no ” a larger conglomeration of extremists,” as he asserts, as that term implies an interoperability that just doesn’t exist in the real world.

Mullah Omar, contrary to what Boot writes, was not closer to Osama bin Laden than Hafiz Muhammed Saeed — and that sort of formulation misses the point anyway. Similarly, and again in contrast to Boot’s portrayal, there ARE a number of signs that the Afghan Taliban (NOT the Pakistani Taliban or Kashmir-focused terror groups, all of which Boot confuses) is seeking a way to break with al Qaeda — and we have reports of these signs going back at least to 2008.

We’ll start with this bit.  I am of the opinion – based on what I have studied – that most of the so-called Afghan “Taliban” who have sought to “reconcile” with the Karzai government are washed-up has-beens who want an easier life as they go into their golden years.  They play us and the Afghan government for fools, and they don’t legitimately represent either the Quetta Shura or Tehrik-i-Taliban (or any allied or affiliated or similar group).

Moving on, it might have been legitimate to have discussed divisions, subdivisions and categories of Taliban and al Qaeda ten or even six years ago.  Things have changed since then.

… they have evolved into a much more radical organization than the original Taliban bent on global engagement, what Nicholas Schmidle calls the Next-Gen Taliban. The TTP shout to passersby in Khyber “We are Taliban! We are mujahedin! “We are al-Qaida!”  There is no distinction.  A Pakistan interior ministry official has even said that the TTP and al Qaeda are one and the same.

Nick Schmidle – who is also a genuinely good guy and a scholar – gave us a learned warning shot over the bow.  It was reiterated by David Rohde who was in captivity by the Taliban.

Living side by side with the Haqqanis’ followers, I learned that the goal of the hard-line Taliban was far more ambitious. Contact with foreign militants in the tribal areas appeared to have deeply affected many young Taliban fighters. They wanted to create a fundamentalist Islamic emirate with Al Qaeda that spanned the Muslim world.

More recently we have a report at the Asia Times from Syed Saleem Shahzad on Maulvi Nazir.

Extremely loyal to Taliban leader Mullah Omar and a part of the Afghan Taliban, Nazir began as a conventional Talib guerrilla and a follower of the populist traits of the Taliban movement.

This changed in 2006, when, like many others including Sirajuddin Haqqani, Nazir became inspired by al-Qaeda and realized that fighting a war without modern guerrilla techniques meant draining vital human resources for no return.

That led to the advancement of the skills of Nazir’s fighters, and it also came with rewards.

In Afghanistan, if a commander sticks solely to his relations with the Taliban, he will never climb the ladder to prominence and the Taliban can only provide a limited number of local tribal fighters and meager funds. But if a commander allies with al-Qaeda, he is given the opportunity for joint operations with top Arab commanders who arrange finances for those operations.

Similarly, breakaway factions of Pakistani jihadi organizations like the Jaish-e-Mohammad, the Laskhar-e-Taiba and the Harkatul Mujahideen also supply an unending stream of fighters to those commanders associated with al-Qaeda.

Nazir’s affiliation with al-Qaeda seems to have passed unnoticed by the United States and NATO, which are investing heavily in a reconciliation process with the “good Taliban” and they appear not to understand the drastic changes that have taken place among the top cadre of the Taliban …

“What is the rationale of dialogue after NATO’s withdrawal?” Nazir asked rhetorically. “Then, the Taliban and NATO can hold a dialogue on whether the Taliban would attack their interests all over the world or not, and what treaties should be undertaken in that regard.”

Taken aback by this statement from a Taliban stalwart who is not perceived as being a global jihadi but simply a guerrilla fighting against occupation forces in Afghanistan, I intervened. “Hitting Western targets abroad might be al-Qaeda’s agenda, but it is not the Taliban’s, so why should the West negotiate that with the Taliban?”

“Al-Qaeda and the Taliban are one and the same. At an operational level we might have different strategies, but at the policy level we are one and the same,” Nazir said, surprising me further.

I’m usually hesitant to cite Syed Saleem Shahzad since he is a mouth piece (witting or unwittingly) for the Taliban.  But occasionally he scores significant interviews, and those tend to be very productive and informative.  For this particular interview, the only thing that surprises me is that Syed Saleem Shahzad is surprised.

To be sure, there are factions within the TTP, and in fact, the Taliban are an amalgam of groups, subgroups, factions, leaders, and so on and so forth, some of whom disagree and even level threats at each other.

So what?  We all knew that.  The question redounds to threat, or some approximation thereof.  And so here is the crux of the issue.  Back to Foust as he opines “If these groups do not pose a threat to the United States, then it is not our problem to “fix” them. Period.”  And he summarizes.

I had hoped that the death of Osama bin Laden would at least temporarily tamp down on the irresponsible fear-mongering over a few crazies with guns in mountains whose names we cannot pronounce and who cannot and do not pose an existential threat to our existence. I guess my hope was mistaken.

Well, yes, no and maybe, depending upon point and inflection.  Let’s dissect.  I agree that it’s not the task of the U.S. to fix all of the world’s problems if there is no national security interest.  In fact, I couldn’t agree more.  While it’s laudable that we might want women treated better in Afghanistan, that’s not a reason for war.  We cannot be the policemen of the world, nor does the world want us as policemen.

But this issue of threat is more complex.  Don’t forget that the Hamburg cell headed for Afghanistan intent on receiving training and returning to Germany to perpetrate violence there.  It was OBL who persuaded them to pull off an attack in the States, and we know it as 9/11.  It was actually a fairly simple attack, and if there is any mistake that the AQ leadership is making at the moment it is that they are focusing on big, flashy attacks when they should be focusing on the simple.  I am thankful for this error in judgment.

I have already described an attack that America simply cannot absorb despite the ignorance of the current administration (who claims that we’re just fine).  The unfortunate truth is that American infrastructure, from bridges to malls, from buildings to roads, from airports to power plants, from water supplies to electrical grid, hasn’t been hardened since 9/11.  It would cost too much money to do it, far more than waging a counterinsurgency campaign in the hinterlands of the earth for the next decade.

As for threat, I never really believed that Baitullah Mehsud could actually pull off an attack on Washington, D.C.  What’s important is that he wanted to.  With enough time, money, motivation and several hundred dedicated fighters, I could bring the economy of the United States to its knees.  So can any smart Taliban leader.

Unlike Josh who believes that Max believes that all militants are the same, I see his mistake differently.  Max Boot makes the mistake of subdividing the Taliban, as if these are neat, clean, Aristotelian categories into which we can drop an organization.  This is wrong in my estimation.  They have swam in the same waters for the last decade with globalists galore, and this ideology has morphed the Pakistani Taliban into something they weren’t.  To a lesser extent this has happened with the Afghan Taliban.  Lesser extent, I admit, but it’s still there.  The mistake Joshua makes is that he sees no threat.  Again, this is wrong in my estimation.

I can play the subdivision game too.  I know the various groups of militants in the Pech River Valley, Hindu Kush, Kandahar, Helmand, FATA and NWFP.  It just doesn’t matter as much as it might have a few years ago, and to some extent I see it as pedantic and braggadocios to list out all of the names (and it’s even more impressive if you pronounce the names right – and for heaven’s sake, pronounce “Pech” correctly as “Pesh”).

But at some point I think this is all being too smart for our own good, and fiddling while Rome burns (or in this case, Central Asia).  The death of Bin Laden will have little affect on the global insurgency.  He and his ilk were but one manifestation of the globalist Islamist movement, the larger framework being the Muslim Brotherhood.  With the air of respectability, the MB will proceed apace.  Their military manifestation will still be seen in AQ, the TTP, Hamas, Hezbollah and others.  Bin Laden is dead.  The war continues.

As we discussed in Mission Kill or Mission Capture the administration just can’t get the narrative straight.  The situation isn’t improving with time.  One U.S. official said “Our Special Forces weren’t raiding a girl scout troop looking for overdue library books. They were on a kill mission for Osama bin Laden.”  Very well.  I’m okay with that.  But the administration continues to botch the narrative with discussions about justification for the raid.  He had access to guns, and “He was not compliant. He did not surrender.”  So the rules for killing (between our previous discussion and this one) now include the possibility that he may be wearing an explosive vest, having access to weapons, and being noncompliant.

In addition to having to kill insurgents, my own son had to lay football style tackles down on people in Fallujah 2007 because they didn’t have weapons and yet needed to be detained or brought down for whatever reason.  And every house he entered had weapons.  And as for the possibility that someone may have explosives, that might have been a justification for shooting in almost any domicile they raided (and there is a difference between entering and raiding, and they did raid and perform room clearing operations).

There is more though.  Senator Saxby Chambliss, the ranking Republican on the Senate Intelligence Committee, gives us more insight into just what happened.

”I hope they went in with the idea of killing him, not capturing him. We needed to take this guy out. And I know that’s what the executive order said.

“The other thing you have to remember is that this was pitch dark. When they got into the room with bin Laden, they already had to go through some other folks downstairs, two of which they killed. And they were having to use explosives to blow doors open. By the time they got to him, they didn’t know what they would find.”

Well, being pitch dark is irrelevant and doesn’t affect the rules of engagement.  That’s just one more justification in an attempt to hide the apparent executive order to kill Bin Laden.  Now, don’t get me wrong.  I still have no problem with the order, if it was issued.  It seems to comport with the other information that has been unearthed.  I have a problem with Marines in the Helmand Province operating under different rules, rules that force them to arrest known Taliban IED emplacers, who have blown the legs off of fellow Marines, and then who are seen walking by waving and smiling while the Marines are on patrol a week later because the prison system is so corrupt in Afghanistan.

Try to convince the Marines in Helmand that Bin Laden was a higher value target than the Taliban who just made sure that their buddy would never walk again.  Try to convince my friend John Bernard – who lost his only son Joshua Bernard in Dahaneh, Afghanistan on 8/14/09 and won’t see him again this side of heaven – that SEAL Team 6, however much we might appreciate their work in this raid, should be operating under rules that make them any more safe than the Marines in Helmand or U.S. Soldiers in the Pech River Valley.

It’ll be a mighty hard sell to me.

Prior: Bin Laden: Mission Kill or Mission Capture?

A striking contradiction has been present for a long time in the so-called war on terror, but this contradiction is highlighted with the recent death of Osama Bin Laden, the highest of all high value targets.  There are two narratives that have developed in the short time since he was killed (it’s amazing that any administration could get things so confused).

The first narrative is that the women were thrown out in front of the men and used as human shields.  This makes me celebrate.  No, not the death of non-combatants, but the action, if it in fact occurred.  Bin Laden, who is routinely shown in file tape toting a Kalashnikov and wearing tactical gear, hid in caves at Tora Bora rather than fight, and then fled when he could.  Rather than fight with his recruits or even be seen in public, he hides behind walls and then when the fight is brought to him, rather than protect his family, he throws them out in front of himself to avoid being shot.

How rich.  Jihadist-Warrior-Martyr my ass.  He was a cowardly weasel.  I’m okay with this.  Or, there is the second narrative to consider, and it makes me happy too.  Rather than fighting from behind women and children, they just got in the way and some perished while others were wounded.  But the legendary, storied SEAL Team 6 simply went in and shot him.  Bin Laden didn’t even have a weapon when he was shot.  In fact, not a single shot was fired at the SEAL Team (presumably the Pakistani police know this because of spent cartridges?).

Working hard to justify this to themselves, they are.  Eric Holder testified before Congress today.

“The operation in which Osama bin Laden was killed was lawful,” Holder told the Senate Judiciary Committee. “He was the head of al-Qaida, an organization that had conducted the attacks of September 11th. He admitted his involvement and he indicated that he would not be taken alive. The operation against bin Laden was justified as an act of national self defense.”

He was a very bad guy and we’re in a war.  Fine.  But wait, there’s more.

Holder said bin Laden was a legitimate military target and he had made no attempt to surrender to the U.S. forces that stormed his fortified compound near Islamabad on Monday. He was shot in the chest and head.

It was lawful to target an enemy commander in the field and the mission was conducted in the way that was consistent with U.S. laws and values, Holder testified, adding that it was a “kill or capture mission.”

“If he had attempted to surrender, I think we should obviously have accepted that, but there was no indication that he wanted to do that. And therefore his killing was appropriate,” Holder said.

Senator Lindsey Graham chimed in thusly.

“You have to believe this guy was a walking IED,” and that any of the Navy SEALs would have wanted to kill bin Laden as far away as possible from the other members of the American team.

Yes, Lindsey, I routinely put on my explosive vest every day when I get home from work.  I’m sure that Bin Laden was wearing one too.  Holder jumped right on that ridiculous bandwagon by agreeing with Graham, so they both looked even more ridiculous than when they started.

But wait, there’s even more.  The narrative gets muddled.

The SEALs’ decision to fatally shoot bin Laden — even though he didn’t have a weapon – wasn’t an accident.  The administration had made clear to the military’s clandestine Joint Special Operations Command that it wanted bin Laden dead, according to a senior U.S. official with knowledge of the discussions.  A high-ranking military officer briefed on the assault said the SEALs knew their mission was not to take him alive.

So by walking this back, Eric Holder is actually placing the SEAL Team 6 members at risk by alleging that there was a fire fight, and that resistance can occur with or without a weapon, and so on.  No one actually believes that a 54 year old man without a weapon is a threat to the most fit, well-trained warriors on earth.  No one.

They shouldn’t feel the need to work so hard at the justification.  We already engage in targeted assassinations, i.e., the drone strikes that kill high value targets all over Western Pakistan, just like the strike that killed Baitullah Mehsud (and that strike killed family members as well).  Baitullah Mehsud couldn’t surrender to an aircraft, and surely wasn’t pointing a weapon at a U.S. service member when he died.  Yet we killed him anyway because he was the enemy, or at least, one of them.

There is confusion over this issue generally because there is confusion at the highest levels of the administration.  It’s why flag officers who should know better tried to hold snipers accountable for murder because they shot an unarmed Taliban commander in Afghanistan.

And herein lies the rub.  We unleashed SEAL Team 6 to kill Bin Laden, apparently, and I don’t have a problem with that.  It isn’t necessary for me to believe that he was holding a weapon or wearing a bomb or somehow a threat to the team.  He wasn’t.  He was the enemy, and that’s enough for me.

But we hold Marines in the Helmand Province, still under fire, fighting for their lives, to a completely different standard.  After recently lampooning the prison system in Afghanistan (something I have done repeatedly), a Marine father responds this way.

According to my son, a USMC 0311 recently returned from Helmand, the effect on their morale when seeing released Taliban was significant. He recalled capturing two bombers after an IED wounded a squad-mate. A week later they saw the two walking by them, smiling and waving. He said apparently American testimony is inadmissible in Afghan courts. Many of the IEDs they saw were command detonated, so they would hustle to catch the bomber.

The officers and visiting Senators would interact with the Afghans, but the 03s in my son’s company didn’t trust any of them, including the imbedded ANP. The only one they would get to know were the interpreters (“terps”), but they were the primary target of the bombers, so they turned over a lot. The squad leaders walked with the terps, so they turned over a lot too.

SEAL Team 6 is to be congratulated.  But there’s still fighting going on.  The catch-and-release program in Afghanistan is a joke, and prisons do not work in counterinsurgency.  The only thing prisons are doing in Afghanistan is making the American fighting man look like a chump when Taliban whom they have captured walk down the road smiling and waving at them.  It isn’t winning any hearts and minds, and it isn’t going to change.  The system is too corrupt, and we don’t want it to change badly enough.  We would rather see Marines lose their legs.

So if you agree with what SEAL Team 6 did to Bin Laden, and if you agree with the drone program, then sleep well.  But if you have a problem with the Marines in Helmand doing the same thing to Taliban fighters, then you are inconsistent.  Consistency isn’t the Hobgoblin of little minds.  It’s the stuff of life.

I simply won’t let this inconsistency pass.  I will force it upon me [you] [y’all] [us] [them] [the administration] [everyone].  It’s not okay to be irrational.  You can’t have it both ways.  If you wanted to see Bin Laden and Baitullah Mehsud dead but you want the Marines to play by different rules in their particular piece of hell, then you must go to sleep tonight knowing that you’re irrational, and you are irrational deep down where it matters most, on basic issues of morality, violence, warfare, life and death.

UPDATE: From the AP.

Only one of the five people killed in the raid that got Osama bin Laden was armed and fired a shot, a senior defense official said Thursday, acknowledging the new account differs greatly from original administration portrayals of a chaotic, intense and prolonged firefight.

The sole shooter in the al-Qaida leader’s Pakistani compound was quickly killed in the early minutes of the commando operation, details that have become clearer now that the Navy SEAL assault team has been debriefed, the official said, speaking on condition of anonymity because he was not authorized to speak on the record.

He said the raid should be described as a precision, floor-by-floor operation to hunt and find the al-Qaida leader and his protectors, rather than as it has been portrayed by a succession of Obama administration briefers since bin Laden’s death was announced Sunday night.

Increasing clarity, just not from the administration.

In January of 2011 the Bureau of Alcohol, Tobacco, Firearms and Explosives authored what they call the Study on the Importability of Certain Shotguns.  The comment period ends on May 1, 2011, and my comments have been submitted to the pertinent e-mail address with name, address and other contact information.  My comments are herewith submitted to my readers.

It really is a sad state of affairs at the ATF.  With salient and pressing scandals that deserve attention (along with a need for a thorough house-cleaning and full disclosure by the ATF), lawyers and analysts have been focusing exquisite detail on the features that should be [dis]allowed on importable shotguns.

The ATF is working within the context of the decisions on the ban on assault rifles, a ban that had sunset provisions which are no longer applicable.  Features such as a pistol grip, a forend grip, a rail system for things such as tactical lights (light enhancing devices), high capacity detachable magazines, etc., are deemed to be associated with military style weapons and as such (in the determination of the ATF study team) are not “readily adaptable for sporting purposes.”

But this judgment is arbitrary, and I charge the ATF with circular reasoning.  Rather than appeal to facts which demonstrate whether a specific feature is adaptable for sporting purposes, the ATF study team apparently without reservation gives us the purpose around which their judgments are made, i.e., ensuring that the statutes codified in the Gun Control Act of 1968 remain useful.  As I observe in one comment:

On page 4 the following statements are made: “The 1989 study then examined the scope of “sporting purposes” as used in the statute. The study noted that “[t]he broadest possible interpretation could take in virtually any lawful activity or competition which any person or groups of persons might undertake. Under this interpretation, any rifle could meet the “sporting purposes” test. The 1989 study concluded that a broad interpretation would render the statute useless.”

Wrapped up in this paragraph we have not only an amusing logical blunder but also the real crux of the problem. Authors have presupposed the answer (so-called circular reasoning) at which they must arrive, i.e., the statute must remain useful. Thus, all interpretations by ATF are biased to yield that result. It is not the responsibility of the ATF nor is it within the purview of their authority to ensure the continued usefulness of a statute, if in fact it is rendered useless by advances, common practices, evolution in sporting, or lack of wise crafting of the statute (such as the fact that nowhere in this discussion of “sporting purposes” is there any latitude given for personal protection and home defense under the second amendment to the constitution of the United States). This single paragraph renders the study itself as useless as the statute has become.

As to the issue of the usefulness of military style features on weapons, I remark:

Ask any skeet shooter if s/he enjoys stopping every five shells and the answer makes for easy dismissal of authors’ objections to these features on firearms. Another example might be feral hog hunting, which usually occurs at night since these are nocturnal creatures. Feral hogs are destroying the American landscape, causing many farmers in the American South to go out of business, attacking household pets and even humans.  According to NFS and game control experts, they are multiplying more quickly than can be accommodated by lethal removal. Not only is feral hog hunting a sport involving guides and businesses specifically for that purpose, it may be necessary for lethal removal to be increased by an order of magnitude to save the American farmer.  Nocturnal hunting requires enhanced or tactical lights on Picatinny or Weaver rail systems, and hunting feral hogs might require high capacity magazines. Finally, note that some shooters have medical problems such as arthritis. Pistol and forend grips used for any sport and with any weapon can not only make the weapon less painful to use, it can make the difference between whether the shooter can engage in the sport at all. So with three examples (skeet shooting, feral hog hunting and medical problems) it has been demonstrated that the list of firearms features supplied by authors as not adaptable for sporting make the firearms more adaptable for sporting, and it is the proposed ATF regulations that are directly contrary to the practice of sporting. Many more such examples could be supplied.

I conclude the comments with this summary:

In general I find that the study [a] appeals to authority without citation of those authorities, [b] engages in circular reasoning in that conclusions are fixed at the outcome of the discussion (i.e., ensuring the continued usefulness of a particular statute), [c] is dated and out of touch with current practice, [d] ignores legitimate uses of certain weapon features for various sporting functions and activities, [e] fabricates arbitrary categories, [f] makes what can be demonstrated to be material false assertions. As such, this study cannot be used for promulgating regulation without damage being done to the constitutional rights of citizens of the United States.

Regardless of the disposition of this particular set of proposed regulations, this action by the ATF is yet another warning shot.  The ATF is working very hard to ensure that purchasing and using weapons – legally – is as hard as possible.  And yet the bureau might just take an even harder turn to the left.  If we learn nothing else through this study and related efforts, we learn that the Obama administration is no friend to second amendment rights.

Herschel Smith Comments on_ATF_Study on the Importability of Certain Shotguns

UPDATE: Thanks to Glenn Reynolds for the link.

The NRA has staked out a position on another Obama presidency:

The National Rifle Association will oppose President Barack Obama’s re-election next year, because the group expects an assault on Second Amendment rights if the president serves a second term, the organization’s leader said Wednesday.

Wayne LaPierre, the NRA’s executive vice president and CEO, told The Associated Press on Wednesday — the eve of its annual convention in Pittsburgh — that the group’s opposition to President Obama is “no surprise,” but it felt a need to come out early and strongly.

LaPierre believes the president has tried to “fog the issue through the 2012 election” and obscure his long-standing opposition to gun owners’ rights.

“President Obama gives lip service to the Second Amendment, but what I really believe is going on is it’s just not a convenient time for a fight on the Second Amendment” politically for Obama, LaPierre said.

LaPierre said Obama, as an Illinois state senator, voted for or otherwise supported handgun bans, semi-automatic weapons bans, eliminating right-to-carry laws and raising excise taxes on guns, among other things.

“Then he announced for president and leafleted the country saying there’s no difference between Barack Obama and John McCain,” LaPierre said.

Although Congress approved expanded rights for people to bring guns onto Amtrak trains and carry them in national parks during his first term, President Obama’s administration includes “people who’ve spent their lifetime trying to destroy the Second Amendment,” LaPierre said, naming Secretary of State Hillary Clinton, UN Ambassador Susan Rice and Obama’s two Supreme Court appointees, Justices Sonia Sotomayor and Elena Kagan.

“You’ve got two Supreme Court nominations that pretty well throw down the gauntlet about what this election’s about,” LaPierre said. “One more (Obama) Supreme Court nominee breaks the back of the Second Amendment in this country.”

“That’s what’s in store for gun owners in this country” if President Obama is re-elected, LaPierre said.

The issue of firearms in National Parks is a ruse.  Mr. Obama didn’t give us that – the Congress did, and Mr. Obama merely acquiesced.  Besides, I submitted a FOIA request for crime statistics in National Parks over the past twenty years, and have compared the data for 2010 with previous years.  The great apocolypse of murderous rampages and robberies in National Parks due to legal carry didn’t occur (I will be releasing that data soon).

But LaPierre has a point, in that the reaction in the lower courts to McDonald v. Chicago isn’t certain, while it is certain that at least one justice has it on her agenda to overrule the Heller decision.

My decision to keep my NRA membership was a wise one.

Approximately three years ago the Taliban broke more than 1000 prisoners out of a prison near Kandahar, including some 400 Taliban fighters.  It’s happened again with more than 450 insurgents, but this time as a function of an innovative plan from both the inside and outside.

The BBC’s Quentin Sommerville said prisoners did not break out but in fact people outside broke into the jail.

More than 470 inmates at a prison in southern Afghanistan have escaped through a tunnel hundreds of metres long and dug from outside the jail.

Officials in the city of Kandahar said many of those who escaped from Sarposa jail were Taliban insurgents.

The Kandahar provincial governor’s office said at least 12 had since been recaptured but gave no further details.

A spokesman for Afghan President Hamid Karzai said the escape was a “disaster” which should never have happened.

Taliban spokesman Zabiullah Mujahid said it had taken five months to build the 360m (1,180ft) tunnel to a cell within the political wing.

He said it was dug from a house north-east of the prison that was rented by “friends” of the Taliban, and had to bypass security checkpoints and the main Kandahar-Kabul road.

About 100 of those who escaped were Taliban commanders, he added. Most of the others are thought to have been insurgents. The prison holds about 1,200 inmates.

“A tunnel hundreds of metres long was dug from the south of the prison into the prison and 476 political prisoners escaped last night,” said prison director General Ghulam Dastageer Mayar.

One escapee told the BBC it had taken him about 30 minutes to walk the length of the tunnel. The escape took most of the night and vehicles were waiting at the exit point to take prisoners away.

Kandahar’s provincial authorities said a search operation was under way.

So far, only about a dozen of the prisoners have been recaptured. Police said they were looking for men without shoes – many escaped barefoot.

The jailbreak is the second major escape from the prison in three years.

In June 2008 a suicide bomber blew open the Kandahar prison gates and destroyed a nearby checkpoint, freeing about 900 prisoners, many of them suspected insurgents.

After that, millions of pounds were spent upgrading the prison. The 2008 breakout was followed by a major upsurge in violence.

The BBC’s Quentin Sommerville in Kabul says the escape is a further setback for security in the area, and for the fight against the insurgency.

“This is a blow,” Afghan presidential spokesman Waheed Omar said. “A prison break of this magnitude, of course, points to a vulnerability.”

The Afghan politician and former MP, Daoud Sultanzai, told the BBC that the escape exposed “the porousness of our security apparatus”.

In the end it matters little from the vantage point of Taliban fighters in the countryside.  As I have observed before, given the catch-and-release program, the radicalization of half-way insurgents in these prisons, and the reflexive reversion to capture rather than kill, ISAF operations that capture insurgents are becoming a literal joke among the Taliban (see prior articles).  I pay absolutely no attention whatsoever to ISAF press releases that begin with “Taliban fighters detained …”

If this is offensive to sensibilities, if this causes an outcry over advocacy of harsh rules of engagement, if this causes moral preening over the rules of war, then so be it.  Withdraw from Afghanistan and end the campaign now.  In either case, prisons do not work in counterinsurgency.  Kill them or let them go, but putting them into a fake justice system is a worthless enterprise.

On another level, this is bad for the campaign in that it causes continued inability to trust anything associated with the Karzai regime, whether from ineptitude or malfeasance.

Prior:

Because Prisons Work So Well In Counterinsurgency

Afghan Prison an Insurgent Breeding Ground

Prisons Do Not Work In Counterinsurgency

Hamid Karzai: Defeater of the High Value Target Program

The Ineffectiveness of Prisons in Counterinsurgency

Jirgas and the Release of Taliban Prisoners

Prisons in Afghanistan

Prisons in Counterinsurgency

Hundreds of Taliban Loose After Prison Break

We’ve discussed the use of prisons in counterinsurgency before, but new reports are interesting, and maybe will even change our minds on the issue.

The Government of Afghanistan decides to set free the jailed Taliban fighters from Afghan jails as part of the Afghan peace process aiming to reintegrate the Taliban rebels with the Afghan government, officials said in Kabul.

The decision takes at the time that the transition of security responsibilities from the international forces to Afghan security forces will start at the mid of July 2011 which is enabling the international forces to pull out troops from Afghanistan.

Officials said that the Afghan government and the reconciliation commission have freed more than 5,000 Taliban rebels from Afghan jails including the Bagram prison running by the United States forces.

According to officials, they aim to encourage the Taliban fighters to give up violence and joint the Government of Afghanistan in an attempt to end up a decade of war in the country.

Recently the Afghan security forces released more than 100 Taliban detainee from prison in Ghazni province in southern Afghanistan where is known as the Taliban stronghold.

Officials in this province said they continue releasing jailed Taliban from government prisons based on the order of the Afghan president Hamid Karzai.

Members of the Afghan Peace Council said they took this decision as an “encouragement “for Taliban rebels to lay down arms and join the Afghan government.

However, there are concerns that the newly released Taliban fighters will rejoin the Taliban and will take part in war against the international forces and the Afghan government.

Responding to the concerns that majority of the newly released Taliban go back to Taliban and take part in war against the Afghan government and the international forces, the Afghan peace council said the newly released Taliban members give them “guarantee” that they will never go back to Taliban and stay with their families in Afghanistan.

“We assure the newly freed Taliban members to protect them from night raids and detention by US forces and to find them jobs.” A member of the Afghan Peace Council said.

Meanwhile, Afghan political experts said the reintegrated Taliban members somehow keep their ties with the Taliban leadership in Pakistan and Afghanistan and they are behind terroristic acts in the country.

They said several jailed-free Taliban members were behind the killing of UN staff in Mazar-I-Sharif and during the protest against the burning of Quran by a Florida based priest.

“Those Taliban members provoked the people to kill the UN staff and burn down their office in Balkh province.” Samad Ebrihiami an Afghan journalist and political expert told La Specula.com.

“The jailed-free Taliban members were among the protestors and they were carrying small-arms with themselves.” adds Ebrihiami.

He said this is big concern for the people in Afghanistan because the jailed-free Taliban members are living in nice houses and hotels in Kabul and other province and the Afghan government allows them to carry weapons for their security, and as he said, no one knows what these jailed-free Taliban are doing.

By the way, the Afghan political analysts said freeing of Taliban members from Afghan jails will strengthen the Taliban and will increase the Afghan security crisis.

But surely the Afghan political analysts are wrong about this, because, you know, prisons work so well in counterinsurgency.  Right?  Isn’t that why we’re spending all of this time and manpower and money imprisoning people?  Because it adds to the effectiveness of the campaign?  It adds so much, in fact, that it’s more important to guard prisoners than it is to go on patrol, find and kill insurgents.  Right?

Quoth Moses, in Exodus 12:12-13.

‘For I will pass through the land of Egypt on that night, and will strike all the firstborn in the land of Egypt, both man and beast; and against all the gods of Egypt I will execute judgment: I am the LORD.

Now the blood shall be a sign for you on the houses where you are. And when I see the blood, I will pass over you; and the plague shall not be on you to destroy you when I strike the land of Egypt.

However, Mr. Obama has a different view of Passover.

Passover recalls the bondage and suffering of Jews in Egypt and the miracle of the Exodus, but U.S. President Barack Obama says its message is reflected in Muslim uprisings.

In his annual message, prior to his third straight participation in the Passover Seder, President Obama stated, “The story of Passover…instructs each generation to remember its past, while appreciating the beauty of freedom and the responsibility it entails. This year that ancient instruction is reflected in the daily headlines as we see modern stories of social transformation and liberation unfolding in the Middle East and North Africa.”

Having constructed a link between the Arab uprisings and Chosen People’s experiencing the miracles of the Creator that led them out of Egypt and towards the receiving of the Ten Commandments, the President concluded, “As Jewish families gather for this joyous celebration of freedom, let us all be thankful for the gifts that have been bestowed upon us, and let us work to alleviate the suffering, poverty, injustice, and hunger of those who are not yet free.”

Passover, which is a Jewish holiday, but which Christians see as a pointer to salvation accomplished in Christ (“The new is in the old concealed, the old is in the new revealed”), is all about a sovereign God accomplishing salvation for His people.  It isn’t about what man does.  In fact, the whole account screams out against reliance on what man can accomplish in his own power and for his own purposes.  It calls mankind to recognize that the only contribution to his salvation is made by God.  Just as the Israelites were powerless against Pharaoh, man contributes nothing.

Yet the best Mr. Obama can come up with is yet another reference to warmed over, recapitulated social gospel, that silly brand of Marxism that came from South of the border called liberation theology.  Worse still, he analogizes passover with a religion that has no concept of grace or mercy.

This is one of the stupidest things I think I have ever heard the man say, and it betrays a fundamental ignorance of everything associated with classical religious doctrine.  I think it might be worse than merely attempting to recast the scene in his own image.  I think the man actually doesn’t understand anything associated with religious doctrine at even an elementary school child level.