Archive for the 'Lawfare' Category



Agenda 21

BY PGF
2 days, 19 hours ago

Source: @EmaRosa98

Agenda 21 is also called Agenda 2030 because 2030 is a target milestone year for having enabled all the infrastructure and other core components upon which the control regime will operate. 2030 is seven years away. The Great Reset initiated by Trump in the “Covid” shutdown was no coincidence.

Much of the work needed is in place, especially the laws that give the oppressors the color of authority to enact the regime here in the U.S. Also in place are almost all of the technology platforms that enable the tracking mechanisms. Whether TPTB in the U.S. will one day acknowledge in public that everything is being tracked is another question.

One significant milestone that’s still pending is tracking all human economic activity through digital currency, although credit cards are already being used this way to some extent. This will likely be done under the auspicious of “carbon footprint” monitoring. Show me a man’s checkbook stubs or credit card receipts, and I’ll show you how to control him.

Here’s the video referenced in, We Will Be Sacrificed for Global Standardization of Systems. Excerpt:

  • Agenda 21 (Agenda for the 21st Century) is the inventory and control plan for all land, water, minerals, plants, animals, construction, means of production, food, energy, information, education and all human beings in the world
  • This roadmap for global totalitarianism was agreed to by 179 nations, including the U.S., at the 1992 Sustainable Development conference in Brazil
  • We’ve seen various facets of Agenda 21 being implemented throughout the last three years, under the cover of biosecurity and the global COVID-19 pandemic. The Green New Deal (Green Agenda), “Build Back Better,” the Fourth Industrial Revolution (the transhumanist movement) and The Great Reset all further and facilitate the implementation of Agenda 21
  • Agenda 21 is based on the ideology of “communitarianism,” which argues that “an individual’s rights should be balanced against rights of the community.” Community, however, in the mind of the globalists, is made up of nongovernmental organizations (NGOs), corporations and government, which are to dictate what happens around the world. The people are not really part of the equation
  • “Sustainable development” is NOT about recycling or making sure there’s enough food and resources for everyone. It’s about moving populations from rural and suburban areas into concentrated city centers where they and their use of resources can be monitored and controlled

Agenda 21 Is Globalization on Steroids

Koire was adamant that Agenda 21 (aka Agenda for the 21st Century) was the most crucial topic of our time, as it is:

“The inventory and control plan for all land, water, minerals, plants, animals, construction, means of production, food, energy, information — and all human beings in the world.”

This roadmap for global control and domination — global totalitarianism — was agreed to by 179 nations at the 1992 Sustainable Development conference in Brazil. Were Koire alive today, at the end of 2022, there’s no doubt she would have warned us all that Agenda 21 was now in the final implementation stages.

We’ve seen various facets of Agenda 21 being implemented throughout the last three years, under the cover of biosecurity and the global COVID-19 pandemic. The Green New Deal (Green Agenda), “Build Back Better,” the Fourth Industrial Revolution7 (the transhumanist movement) and The Great Reset, officially introduced by World Economic Forum founder Klaus Schwab and then-Prince Charles in June 20208 — these all exist to further and facilitate the implementation of Agenda 21.

If you youngsters are wondering where the government claims the authority to treat Americans (Jan 6 and others) as terrorists, it’s called the Patriot Act, which was enacted after 9/11. It was modeled after the East German Stasi. One day soon, using too much carbon will be an act of terror.

Prior here at TCJ: Is This On Purpose?

And see: Netherlands to close up to 3,000 farms to comply with EU rules

Is This On Purpose?

BY PGF
1 week ago

People are starting to learn that the Great Reset and Agenda 2030 under the New World Order are real, yet they still blame the “elected” puppets in Washington. Yes, they intend to starve you, freeze you, and reduce the world population by 90 percent. Believe that they mean what they say and prepare.

The New Order is not operating under the same basic well-intending heart toward improving the state of mankind that “normies” are. That premise is wrong because folks can’t see evil, won’t call sin what it is, sin, and refuse to recognize that genocide is what they intend. It’s the “normies” biggest blindspot, thinking that those in power actually care about your well-being the same way you care about others.

TPTB are not stupid; they’re evil. Or technically, they are evil and therefore appear to be stupid to the gullible, who scoff, denying that the devil is real. Evil is willful, ordered, cunning, and subtle and operates a global system with its own domain, the kingdom of death and hell (Revelation 6:8, 20:14).

People’s inability to “get it” will cause them to be continuously strung along, always looking for governmental policy decisions or a newly elected savior to rescue them and their families, never understanding that the US Government is an arm of the Global Order. Please accept this truth and prepare; globally, elections are being manipulated.

The US, for the first time, is importing more agricultural products than exporting. Here are just a few things to keep in mind. Note cascading effects:

Shortage of diesel fuel, thus high cost

Gas and diesel refinery capacity limitations

Refineries shutting down as upgrades and compliance are too costly due to regulation

Fuel shortages for large-scale farming operations

Antibiotics and other pharmaceuticals shortages, including Tamiflu / we wonder if there are agricultural animal antibiotic shortages as well?

Butter and milk shortages

Baby formula shortages are ongoing

Concrete and other building supplies

Coal plants are being shut down, and hydroelectric dams are being demolished.

Four dams near the California-Oregon border will be demolished. The hydroelectric dams blocked poor little fish from swimming to their ancestral homeland, er, homewaters. “Build Back Better” doesn’t include any actual building back.

The cost of running electricity to rural areas will begin to be unsustainable, driving people into urban centers where they can be controlled. The day is soon coming when raising a family outside the urban areas will be illegal. They won’t ban it outright, but without power, water, and sewer, child protective services and other armies of petty, well-paid do-gooders will force you to live as they prescribe. Moving everyone into controlled urban population zones is a stated goal.

The dams produce less than 2% of PacifiCorp’s power generation — enough to power about 70,000 homes — when they are running at full capacity, said Bob Gravely, spokesperson for the utility. But they often run at a far lower capacity because of low water in the river and other issues, and the agreement that paved the way for Thursday’s vote was ultimately a business decision, he said.

PacifiCorp would have had to invest hundreds of millions of dollars in fish ladders, fish screens and other conservation upgrades under environmental regulations that were not in place when the aging dams were first built. But with the deal approved Thursday, the utility’s cost is capped at $200 million, with another $250 million from a California voter-approved water bond.

“We’re closing coal plants and building wind farms and it all just has to add up in the end. It’s not a one-to-one,” he said of the coming dam demolition. “You can make up that power by the way you operate the rest of your facilities or having energy efficiency savings so your customers are using less.”

Just use less, freezing and starving, or move to Portland or San Francisco, where everything will be fine?

Reading the article, we note how “aggrieved” parties are manipulated by the communist Democrats and Republicans to drive the agenda 2030 plan. Fish and rivers have more rights than you. The notion that the US government suddenly cares about some fish or the Indians it genocided is ludicrous, and everybody knows it.

Writers, serious men and women, have got to stop blaming these actions on Democrats and Biden. We have the very best minds and writers on our side, but frankly, when they blame a political party, they sound ill-informed at best or, worse, like government propagandists for the Republican arm of the Globalist-run communist regime. And stop using the wrong words. The TPTB are not stupid, crazy, or insane. The correct term is evil, and their actions are sin.

2030 is seven years away!

H/T Survival Blog and Instapundit

Why Is The Government Arming More Federal Bureaucrats Than US Marines?

BY PGF
1 week, 3 days ago

Source:

The idea that agencies are empowered to effectively create their own laws and go out and enforce them with armed federal agents should be alarming.

A report issued last year by the watchdog group Open The Books, “The Militarization of The U.S. Executive Agencies,” found that more than 200,000 federal bureaucrats now have been granted the authority to carry guns and make arrests — more than the 186,000 Americans serving in the U.S. Marine Corps. “One hundred three executive agencies outside of the Department of Defense spent $2.7 billion on guns, ammunition, and military-style equipment between fiscal years 2006 and 2019 (inflation adjusted),” notes the report. “Nearly $1 billion ($944.9 million) was spent between fiscal years 2015 and 2019 alone.”

The watchdog reports that the Department of Health and Human Services has 1,300 guns including one shotgun, five submachine guns, and 189 automatic firearms. NASA has its own fully outfitted SWAT team, with all the attendant weaponry, including armored vehicles, submachine guns, and breeching shotguns. The Environmental Protection Agency has purchased drones, GPS trackers, radar equipment, and night vision goggles, and stockpiled firearms.

2018 Government Accountability Office report noted that the IRS had 4,487 guns and 5,062,006 rounds of ammunition in inventory at the end of 2017 — before the enforcement funding boost this year. The IRS did not respond to requests for information, though the IRS’s Criminal Investigation division does put out an annual report detailing basic information such as how many warrants the agency is executing in a given year.

Somebody should tell The Federalist that the anti-federalists were right.

Via WoG

U.S. Supreme Court again spurns challenge to gun ‘bump stock’ ban

BY PGF
2 weeks, 3 days ago

Source:

The U.S. Supreme Court on Monday turned away another challenge to a federal ban imposed under former President Donald Trump on devices called “bump stocks” that enable a semi-automatic weapon to fire like a machine gun.

The justices declined to review an appeal by a group of firearms dealers and individuals in Minnesota, Texas and Kentucky after a lower court rejected their argument that the government had violated the U.S. Constitution’s Fifth Amendment “takings clause” by effectively taking their private property without just compensation.

Trump’s administration moved to reclassify bump stocks as machine guns, which are forbidden under U.S. law, in a rare firearms control measure prompted by a 2017 mass shooting in Las Vegas. The Supreme Court in 2019 declined to block the ban from going into effect. The justices last month rejected appeals by a Utah gun lobbyist and firearms rights groups of lower court rulings upholding the ban as a reasonable interpretation of a federal law prohibiting machine gun possession.

Having banned the bump stock, now the BATF is coming for arm braces. Next, it’ll be the six-position AR stock. If this isn’t stopped, gunstocks of every kind will be outlawed by fiat. Perhaps you say that’s ridiculous? But if we’re playing chess and not checkers, it sounds like a “reasonable” pathway to outlawing rifles altogether.

To quote WoG,  “And thanks again, Donald.”

Threading the 501(c)(3) Needle

BY PGF
2 weeks, 3 days ago

Here is a legal opinion on 501(c)(3). Apparently, the compiler of this PDF didn’t consult the God of the universe, but we’re used to that. It’s a long legal positioning squirming for a solution. The paper miserably fails to make a case for or against it.

The local church is immune to taxation, or it was. A tax exemption was a solution to a problem that did not exist as far as the body of Christ was concerned. But the government’s problem was; how to control Christians by Lawfare, and they solved it in 1954 through the Tax Code. The government created a “benefit” that was neither needed nor beneficial. It’s sort of like CCW permits, but that’s another topic.

Section 501(c)(3) of the Internal Revenue Code of 1986 Since the passage of the Sixteenth Amendment to the United States Constitution, which authorized Congress to impose a federal income tax, Congress has consistently granted churches and religious organizations special exemptions from paying taxes and for receiving taxdeductible contributions.2 However, if a church or religious organization wishes to qualify for and maintain this taxexempt status, it must abide by the restrictions on political and legislative activities established in section 501(c)(3) of the Internal Revenue Code. 3 Section 501(c)(3) includes two

stipulations on political involvement: first, no substantial part of the organization’s activities may consist of carrying on propaganda or otherwise attempting to influence legislation;4 and second, the organization may not participate in political campaigning in opposition to, or on behalf of, any candidate for public office.5 In light of how the Internal Revenue Service (IRS) and some courts have interpreted section 501(c)(3) [see discussion below], churches and religious organizations may well consider this law as yet another example of the government’s subordination of the rights of religious persons to “matters of national public policy” or to other rights.6 Understanding section 501(c)(3), however, is necessary for any church that wishes to positively impact the moral and social fabric of our culture. A church must decide whether it can be a viable and influential force in society within the constraints of section 501(c)(3) or whether it should forego the benefits of taxexemption in order to participate unreservedly in the legislative and political process.

The bottom line is that if you submit to the IRS, your local body of believers ceases to belong to the Church of Jesus Christ, which is His body. You have further rejected your sovereign King, thereby committing Cosmic Treason against the Almighty, and you have taken the State as your new master in violation of the marriage covenant you made with Christ. Congratulations, you are now an adulterer that’s gone whoring with a new lover. The author of the paper clearly has no regard for the authority of the Law-word of God.

Civil Suit Against Acquitted Kyle Rittenhouse

BY PGF
3 weeks, 4 days ago

Kyle Rittenhouse

Source:

You would be wrong if you figured Kyle Rittenhouse’s legal battle ended when a court acquitted him of murder and other charges for justifiably shooting 3 men in self defense. This is yet another example of why, if possible, avoiding conflict is always the wisest action.

[…]

The Civil Suit Against Rittenhouse—

The father of an adult who attacked Rittenhouse with a skateboard wants money. No doubt he grieves for his son. Any decent father would. But the arguments in this civil suit against Rittenhouse are nonsensical and proven false in the criminal trial.

The Deceased Attacker is actually a Hero

For example, in the suit, the father claims his son was a “hero” and was trying to disarm Rittenhouse. The claim in the criminal trial was that somehow the 3 men were ‘good samaritans’ who thought Rittenhouse was an active shooter, and they needed to stop him. A claim that prosecutors couldn’t substantiate with evidence, witness statements or ‘victim’ testimony. The complaint filed by the man’s father reads:

After Anthony was shot, Gage Grosskreutz approached Defendant Rittenhouse with his hands up, pleading with him to stop his shooting rampage. Without provocation or any legal justification, Defendant Rittenhouse shot at Grosskreutz from point-blank range, hitting him in the arm. Thankfully, Grosskreutz survived.

Yeah, this description of events is complete fantasy when compared to all the evidence presented at trial.

Rittenhouse is an alt-right Nazi

The complaint also attempts to use the same failed approach prosecutors used in the criminal trial—frame Rittenhouse as a racist. The ‘you’re a racist’ argument works on social media. But the same question that the prosecutors couldn’t provide an answer to in the criminal trial lingers. If Rittenhouse is so blinded by racial hatred, why did he only shoot people of his same race? The answer is clear, because he only shot people who he reasonably believed were going to cause him death or serious bodily harm, period.

The court rules and procedures for civil suits are much more lenient. There was supposed to be a law against double indemnity, but that was in a bygone era in a free country that no longer exists.

CCW Liability Insurance Carriers Compared

Insurance is primarily a wealth preservation tool. Insurance, in all cases, is a minor cost to cover what would be a major cost if an infrequent, yet very expensive, particular event were to happen. If you have something to lose, the cost of insurance may be a wise choice. This applies to all types of insurance. CCW insurance is no different.

Hundreds More Active-Duty Troops May Be Sent To U.S.-Mexico Border

BY Herschel Smith
3 years, 10 months ago

Military Times:

U.S. officials say the Pentagon is finalizing plans that would send hundreds of additional active-duty troops to the U.S.-Mexico border for several more months to support the Department of Homeland Security.

The troops would install another 160 miles of concertina wire in Arizona and California.

Details are being worked out, but the plan likely would extend the military’s border mission though the end of September.

The mission is separate from President Donald Trump’s campaign to build a border wall but is designed to bolster security.

Officials said Friday the installation of the wire barrier is not expected to take long, so troops doing that would be finished long before September.

There currently are 2,350 active-duty troops assigned to the border mission, which was slated to end Jan. 31.

None of this makes a hill of beans of difference.  They won’t be under arming orders.  They will have no mission except to perform administrative and assistance duties.

I believe that virtually the only constitutional imperative of the U.S. military is to protect and defend the country against invasion and protect the borders (with the exception of the Navy and Marines who protect and defend Americans abroad and trade on the high seas).  Therefore, I support an armed mission in which invaders are shot.

However, the lawyers, the Congress, the Senate, the military, the judiciary, and just about everyone in power, interprets Posse Comitatus as preventing the use of the military this way, even though their actions wouldn’t be taken against U.S. citizens.

So they will arm the FBI, BLM, ATF and most other federal agencies like an army and allow them to perpetrate armed actions against U.S. citizens, while preventing the military from stopping invasion.

Light is called darkness, and darkness is called light.  But until the country has the stomach to force this action, it won’t happen.  The military lawyers won’t even bother to bind the hands of Soldiers and Marines at the border by issuing ROE/RUF.  They just won’t arm them at all.

Lawyers in the Battle Space

BY Herschel Smith
12 years, 9 months ago

Two and a half years ago, I wrote God in the Battle Space.  I cited the example of Lt. Col. Jason Bohm as exemplary of the kind of interaction with the population that engenders trust.  There is another presence in the battle space – that of lawyers.  To be sure, no one intends for there to be any deleterious affects from the presence of law school graduates in the battle space.  But equally as sure, their presence has complicated things.

MARJAH, Afghanistan—As Capt. Anthony Zinni monitored a live video feed from a Predator drone circling overhead, he spotted four men planting a booby trap in the middle of the road here.

For Capt. Zinni, one of the officers responsible for approving airstrikes in the nine-day-old battle for Marjah, it seemed like an easy call: The men were digging a hole alongside a road where a Marine supply convoy was scheduled to pass within hours. But just as he was about to give the order to strike, Capt. Zinni spotted even-smaller white figures on the video running along the path south of the canal.

Children. Maybe 50 feet from the men planting the booby trap. “It’s not a good shot,” Capt. Zinni said, ordering the Predator drone to delay the strike. “It’s not a good shot.”

The 45 minutes that followed help illustrate why it is taking coalition forces so long to secure this hotly contested part of Afghanistan …

When Capt. Zinni spotted the four men planting the booby trap on the afternoon of Feb. 17, the first thing he did was call his lawyer.

“Judge!” he yelled.

Capt. Matthew Andrew, judge advocate for 1st Battalion, 6th Marine Regiment, advises the battalion about when it is legal to order the airstrikes. He examined the figures on the video feed closely. “I think you got it,” Capt. Andrew said, giving the OK for the strike.

Capt. Zinni, 35 years old, grew up among Marines—his father is retired Gen. Anthony C. Zinni, former commander of all U.S. forces in the Middle East—and always seemed destined for the Corps.

The Marines watch almost constant video feeds from unmanned aircraft, including Predators armed with Hellfire missiles and piloted remotely by crews at an Air Force base near Las Vegas. The suspected insurgents were digging on a road that ran along the north bank of a wide canal, part of an elaborate irrigation system built with U.S. aid money in the 1950s.

Knowing that the Marine convoy was due to pass over the spot in a couple of hours added pressure to the decision about whether to strike.

Once Capt. Zinni spotted the children and called off the strike, Capt. Andrew loitered behind the Marines at the monitors, pondering the situation. “We have to separate the insurgents from the people,” he said. “If we just bomb the hell out of everything, we’ll have a hard time doing that.” But the Marjah battlefield was constantly changing, with insurgents and civilians often in close proximity.

“If we can ensure there aren’t any kids around, you have a good shot,” he told Capt. Zinni.

On a cot nearby, Lance Cpl. José Guzman-Berrios, a 19-year-old from Carolina, Puerto Rico, was monitoring chat messages pouring in from the Predator mission commander in Nevada. “Children are out of view 30 meters down the road walking west,” Lance Cpl. Guzman-Berrios read aloud.

Even though the children were out of view, the battalion operations officer, Maj. John Harris, worried they could be hit by the airstrike, erasing whatever goodwill the Marines were accumulating by ousting the Taliban. “The last thing I want to do is kill kids,” he said. “Once it’s confirmed there are no friendlies, it’s approved.”

The children, however, soon walked back into view on the screens, pacing along the path south of the canal.

Capt. Andrew suggested that a show-of-force—a loud, low pass by a helicopter or jet—might scare the men into bolting for the compound, or, at least, interrupt their work. “Or they might go into a field, and we may be able to kill them,” Maj. Harris added.

Capt. Zinni had seen this scenario before in Marjah. Insurgents using women and children for cover as they moved weapons or crossed open spaces into fighting positions in buildings. In this case, the captain was certain that the children were acting—either by their own volition or under coercion—as shields for the men planting the bomb.

The way the Taliban see it, he thought, they’d win either way: The Americans might hold their fire and allow them to plant a bomb unmolested. Or the Americans might kill a few civilians, a propaganda victory for an insurgent force increasingly adept at using the media to spread its message.

“We’re not going to be able to hit this,” Capt. Zinni concluded. He ordered the Predator pilot to keep an eye on the men. Maybe they’d lead the Marines back to their commander’s position. Or maybe they’d make a mistake and leave through an area clear of civilians.

Then came a chat message from the Predator mission commander in Las Vegas: “There are no more civilians in the area. Three people in the road at this time.”

“No children?” Maj. Harris said. “Strike ’em.”

Capt. Alex Ramthun, a 31-year-old Harrier jump-jet pilot in charge of talking to the Predator pilot, passed him the order: “Strike approved, strike approved, strike approved.”

But the children returned. “Two children on the opposite side of the canal, approximately 15 meters,” came the message from Las Vegas.

The pilot aborted the attack run and continued to circle.

“It’s not worth the risk,” agreed Capt. Zinni. “They’re doing this on purpose. Wait for them to go out in a field.”

Capt. Ramthun relayed Capt. Zinni’s decision to the Predator pilot. “Shot is no longer authorized,” he said.

That evening, the scheduled Marine supply convoy rambled down the dirt road. Warned of the booby trap, the vehicles stopped short of the spot where the men were seen digging. The Marines removed a buried triggering device, set to detonate the explosives when a vehicle passed. As is often the case, the Taliban had been working in shifts, with one team responsible for digging the hole and planting the trigger, and another team detailed to bury and connect the homemade explosives.

On Friday, the Marines spotted three men digging on the same road. This time there were no civilians around.

A Marine attack helicopter blasted them with cannon fire.

Let’s be specific.  No one wants to see children die.  It might have been the case that had Captain Zinni been free to call in air strikes without the approval of the JAG and staff officers, the call would have been timely enough to have been pulled off without noncombatant casualties.

But what we learn in this example has little to do with the the rules of engagement or the protection of the population.  This is unchanged.  What we learn is that there is an every increasing degree of control over calls made in the battle space.

I have a friend who has a theory, and I believe this theory to be substantially correct.  The value, worth or viability of a document, call, decision or judgment is inversely proportional to the number of signatures on that document, or people agreeing to the action.

We train lower ranking field grade officers to make these decisions, we give them the rules, and we send them into the battle space on our behalf.  They need God at their side to help with moral decision-making.  Lawyers are no replacement for God, and our officers most certainly do not need lawyers second guessing or approving their decisions.

Prior:

Detention Policy in Afghanistan: Micromanaging the Military

Micromanaging the Campaign in Afghanistan II

Micromanaging the Campaign in Afghanistan

Kill the Enemy

BY Herschel Smith
13 years, 6 months ago

Ralph Peters:

We made one great mistake regarding Guantanamo: No terrorist should have made it that far. All but a handful of those grotesquely romanticized prisoners should have been killed on the battlefield.

The few kept alive for their intelligence value should have been interrogated secretly, then executed.

Terrorists don’t have legal rights or human rights. By committing or abetting acts of terror against the innocent, they place themselves outside of humanity’s borders. They must be hunted as man-killing animals.

And, as a side benefit, dead terrorists don’t pose legal quandaries.

Captured terrorists, on the other hand, are always a liability. Last week, President Obama revealed his utter failure to comprehend these butchers when he characterized Guantanamo as a terrorist recruiting tool.

Gitmo wasn’t any such thing. Not the real Gitmo. The Guantanamo Obama believes in is a fiction of the global media. With rare, brief exceptions, Gitmo inmates have been treated far better than US citizens in our federal prisons.

But the reality of Gitmo was irrelevant — the left needed us to be evil, to “reveal” ourselves as the moral equivalent of the terrorists. So they made up their Gitmo myths.

Really, Ralph.  Can’t you just give me a little while to craft my own views without having you surreptitiously undercut me by publishing my prose first?  Honestly, I was very nearly about to craft such a commentary, but framed about prisons in counterinsurgency and criminal prosecutions of pirates.

Ralph launches his diatribe from the framework of Gitmo, and while I concur exactly with his views, I also advocate such an approach to reducing the number of prisons necessary in counterinsurgency operations.  Certainly, there are local “accidental guerrillas” (as they are called by Kilcullen) who we need to identify and attempt to sway, rehabilitate or otherwise turn to our advantage.

But as for the hard core, ideologically motivated fighters, rather than overcrowd the local prisons with bad actors who will only be released into the population to continue their activities, it is better that they be killed on the field of battle.  In many ways, their surrender is the worst of all options.  Their surrender means countless lawyer-hours, evidence-gathering, constabulary work, judicial work, prison construction, attempted rehabilitation, and ultimately release to conduct the same activities again.

The same goes for pirates, who even throughout history have been able to escape justice by claiming forced conscription.  Finally, we have better things to do with our money and lawyers’ time than to chase the legalities of piracy in order to stamp out the practice.  Better to kill the pirates on the high seas.  When it reaches the point that we are capturing the pirates rather than killing them, or sending SEALs to save hostages, it has gone too far.  The focus of the fight is misplaced.

Pirates? Call the Marines … Er, the Lawyers

BY Herschel Smith
13 years, 11 months ago

Pirates?  Call the U.S. Marines … er, the lawyers.

Piracy off Somalia’s coast has plagued shipping companies for years, but the number and boldness of attacks has increased in recent months. While that has given fits to shipowners, cruise operators and navies, it also has kept a relatively obscure set of lawyers busy.

London’s Holman Fenwick has received more work as pirate attacks have increased off Somalia, where a French Navy frigate patrolled Saturday.

Among the most prominent is London maritime firm Holman Fenwick Willan. Partner Toby Stephens says lawyers at the firm have been awakened “at all hours” by ship owners calling the firm’s 24-hour hot line. “They’re often quite panicked, and understandably so,” he says.

Over the past three months, the rise in piracy has kept about a half-dozen lawyers at Holman Fenwick working nearly full-time for clients with potentially dozens of lives and tens of millions of dollars at stake in hijackings. To some degree, the work has helped Holman Fenwick offset other maritime practices hurt by the global economic slowdown.

Through the end of last month, the waters off Somalia had been the site of 96 pirate attacks this year, 40 of which had led to pirates boarding a ship, taking control and demanding a ransom, according to the International Maritime Bureau in London. World-wide there were 83 reported pirate attacks in the third quarter, up from 53 and 63 in the first and second quarters, respectively, the bureau says. In recent months, pirates have broadened their targets to include bigger vessels, including oil tankers and, so far unsuccessfully, cruise ships. In most cases ransom demands have been in the $1 million-$2 million range. But lawyers say hijackers have demanded as much as $25 million for the release of the Sirius Star, a Saudi oil tanker captured 450 miles off the Somali coast carrying cargo valued at more than $100 million.

On Tuesday several cruise-ship operators said they would shift or cancel tours or reroute passengers by plane to avoid the Gulf of Aden off Somalia. Also, the European Union said it would station armed guards on cargo ships in the area.

Mr. Stephens says his firm is working on “over a dozen” of the roughly 20 Somalia-area attacks in which the ships haven’t been freed.

“This year we’ve seen a definite uptick in piracy work,” says James Huckle, who is in charge of business development for the firm.

Business in Holman Fenwick’s casualty practice, usually dealing with shipping collisions, and its ship-financing practice have slipped as the world economy has slowed. Mr. Huckle says piracy cases have helped “counterbalance” that downturn but he is unable to provide specific figures.

Stephen Askins, a maritime lawyer at London’s Ince & Co. says he is handling “a few” piracy cases, but that Holman Fenwick “is really leading the way” in representing shipowners in piracy matters.

Piracy expertise at Holman Fenwick, which was founded in 1883, grew out of the firm’s history representing clients following shipwrecks and collisions. The firm represented the salvage companies that cleaned up after the oil tanker Prestige broke up off the coast of Spain in 2002. The firm also represents the owners and insurers of the MSC Napoli, a container ship severely damaged in an English Channel storm last year. In addition to about 290 lawyers, the firm employs about 30 nonlawyer experts, such as former ship captains, marine engineers and naval architects.

A firm’s initial role after a hijacking often is to ease a client’s fears. “No one’s been hurt, and the ransoms have so far been small enough for shipowners to pay,” says Duncan McDonald, a lawyer at London-based Stephenson Harwood. His firm represents owners of two ships hijacked and released earlier this year.

Then, a firm moves to determining where a ship is registered and the location of the hijacking. These factors affect the laws that will govern the case and the haggling over liability that often follows. A U.N. resolution passed in June allows a navy to enter Somalia’s territorial waters to repress an attack.

Shipowners and insurance underwriters are reluctant to speak publicly about their hijacking situations. But the managing director of a large insurance syndicate in London says that when a ship partly underwritten by his firm was hijacked several weeks ago, his first question to lawyers at Holman Fenwick was whether the payment of ransom was even legal. It was under U.K. law, Mr. Stephens says, which typically applies because that’s where insurance underwriters are usually based. If a ransom payment is illegal, the firm might have to negotiate with the country exercising jurisdiction.

The insurance-syndicate executive says the negotiations, which are continuing, have been stressful. “I know we’re in good hands…but there are still times when you feel like you have no control at all,” he says.

“The lawyer’s pen and the swashbluckling pirate’s sword met with a mighty crash as all the children heard and watched the brave battle ensue” … actually, scratch that.  We’re only on good hands if the Marines are killing pirates.  The Captain’s Journal has made it known what needs to be done.

TCJ has weighed in saying:

This is easy. We tell the LOAC and ROE lawyers that they’re special and that they should go to their rooms and write high-sounding platitudes about compassion in war so that they’re out of the way, we land the Marines on the ship, and we kill every last pirate. Then we hunt down his domiciles in Somali and destroy them, and then we find his financiers and buyers and kill them. Regardless of the unfortunate potential loss of Ukrainian or Russian civilian life upon assaulting the ship, this weaponry and ordnance should never have been shipped in this part of the world without escort (and perhaps it shouldn’t have been shipped even with escort). Negotiations will only serve to confirm the pirates in their methods. It’s killing time. It’s time to turn the United States Marines loose.

Ralph Peters has weighed in saying:

Piracy must be exterminated. Pirates aren’t folk heroes or champions of the oppressed. They’re terrorists and violent criminals whose ransom demands start at a million bucks. And they’re not impressed by the prospect of trials in a velvet-gloved Western court. The response to piracy must be the same as it was when the British brought an end to the profession’s “golden age:” Sink them or board them, kill them or hang them.

Lt. Col. P at OpFor has weighed in saying:

Kill all of the pirates.

Seriously. Why do we allow a handful of khat-addled assholes to dominate one of the world’s most important sea lanes? We, the western powers, have sufficient naval units in the area to take care of the problem in very quick order. What we lack is the will. We apply an idiotically high standard of judicial due process to a situation that doesn’t lend itself well to a judicial solution. Anyone who has dealt with Somalis can tell you that they laugh at western legalisms, and what they perceive as western weaknesses. And then they redouble their violent efforts to take what they want from you. They do react very well to a boot on their necks, and a gun to their heads. Then they tend to wise up quickly.

Here’s how it needs to be done. Oil tanker sends distress call, takes evasive actions insofar as it is capable. (Or better yet, armed men aboard oil tanker defend by fire.) Coalition forces despatch (sic) vessels and boarding parties. Pirates who survive ensuing gun battle are lined up by the rail and shot in the head, then dumped overboard. Pirate boats are burned. If their bases or villages on the coast can be identified, said bases are raided and destroyed. No fuss no muss, no ransom, no hostages, no skyrocketing costs.

So who has the trust?  The lawyers or U.S. Marines?  Should we pay ransom or kill the pirates?  We have a poll where the reader can weigh in on this question.


26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (225)
Animals (201)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (341)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (83)
Assassinations (2)
Assault Weapon Ban (27)
Australian Army (7)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (154)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (17)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (4)
Canada (16)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (13)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (201)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (12)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (35)
Featured (188)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,626)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,483)
Guns (2,140)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (67)
Hunting (10)
ICOS (1)
IEDs (7)
Immigration (98)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (97)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (5)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (13)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (273)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (62)
Medical (144)
Memorial Day (6)
Mexican Cartels (39)
Mexico (58)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (8)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (88)
NATO (15)
Navy (29)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (62)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (70)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (3)
Pizzagate (21)
Police (588)
Police in COIN (3)
Policy (15)
Politics (960)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (412)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (514)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (34)
Survival (151)
SWAT Raids (57)
Syria (38)
Tactical Drills (9)
Tactical Gear (7)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (95)
Thanksgiving (12)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (24)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (5)
U.S. Border Security (17)
U.S. Sovereignty (21)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (78)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (408)
War & Warfare (40)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (76)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2022 Captain's Journal. All rights reserved.