New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 2 Comments

Dean Weingarten has a good find at Ammoland. Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is constitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution. Let's briefly…… [read more]

The Forces Available: What Did President Ben Ghazi Know?

BY Herschel Smith
13 years, 6 months ago

The notion has been floated that the Benghazi response is thus far simply a muddled message.  There was actually nothing more that could have been done, but the administration just hasn’t explained that very well to the American people yet.

Wrong …  wrong on all kinds of fronts.  Bing West gives us a little brief on the forces available to the President.  These forces were available in Sigonella, Italy.

The Obama national-security team had several hours in which to move forces from Sigonella to Benghazi.  Fighter jets could have been at Benghazi in an hour; the commandos inside three hours. If the attackers were a mob, as intelligence reported, then an F18 in afterburner, roaring like a lion, would unnerve them. This procedure was applied often in the Iraq and Afghanistan wars. Conversely, if the attackers were terrorists, then the U.S. commandos would eliminate them. But no forces were dispatched from Sigonella.

Among the forces available to commanders was Delta operators then on station in Sigonella.  Finally, if all else had failed, there were also Marine Force Recon personnel in Sigonella, Italy.  Did the President know what was happening in Benghazi?

Of course he did.  He was watching it all transpire.

I take issue with the notion that only the President could have ordered a response.  Someone else could, and apparently General Ham did because he is a man of integrity.  He was relieved of command shortly thereafter, and thus not only did President Ben Ghazi know what was happening and refuse to order a response, he apparently punished the man who did order a response.

Thus has America lost its heart to remain America.

False Military Doctrine And The Benghazi Assault

BY Herschel Smith
13 years, 6 months ago

This Washington Times blog post adds yet another wrinkle to the assault by enemy military forces on our consulate in Benghazi.  Take careful note of what is apparently official, and also what is not.

Is an American General losing his job for trying to save the Americans besieged in Benghazi? This is the latest potential wrinkle in the growing scandal surrounding the September 11, 2012 terrorist attack that left four men dead and President Obama scrambling for a coherent explanation.

On October 18, Secretary of Defense Leon Panetta appeared unexpectedly at an otherwise unrelated briefing on “Efforts to Enhance the Financial Health of the Force.” News organizations and CSPAN were told beforehand there was no news value to the event and gave it scant coverage. In his brief remarks Mr. Panetta said, “Today I am very pleased to announce that President Obama will nominate General David Rodriguez to succeed General Carter Ham as commander of U.S. Africa Command.” This came as a surprise to many, since General Ham had only been in the position for a year and a half. The General is a very well regarded officer who made AFRICOM into a true Combatant Command after the ineffective leadership of his predecessor, General William E. “Kip” Ward. Later, word circulated informally that General Ham was scheduled to rotate out in March 2013 anyway, but according to Joint doctrine, “the tour length for combatant commanders and Defense agency directors is three years.” Some assumed that he was leaving for unspecified personal reasons.

However on October 26, “Ambassador” posted the following RUMINT on TigerDroppings (h/t Jim Hoft):

I heard a story today from someone inside the military that I trust entirely. The story was in reference to General Ham that Panetta referenced in the quote below.

quote:


“(The) basic principle is that you don’t deploy forces into harm’s way without knowing what’s going on; without having some real-time information about what’s taking place,” Panetta told Pentagon reporters. “And as a result of not having that kind of information, the commander who was on the ground in that area, Gen. Ham, Gen. Dempsey and I felt very strongly that we could not put forces at risk in that situation.”


The information I heard today was that General Ham as head of Africom received the same e-mails the White House received requesting help/support as the attack was taking place. General Ham immediately had a rapid response unit ready and communicated to the Pentagon that he had a unit ready.

General Ham then received the order to stand down. His response was to screw it, he was going to help anyhow. Within 30 seconds to a minute after making the move to respond, his second in command apprehended General Ham and told him that he was now relieved of his command.

The story continues that now General Rodiguez would take General Ham’s place as the head of Africom.

This version of events contradicts Mr. Panetta’s October 25 statement that General Ham advised against intervention. But so far there is nothing solid to back it up. Maybe Ham attempted to send a reaction force against orders, or maybe he simply said the wrong thing to the wrong people. Perhaps he gave whomever he was talking to up the chain a piece of his mind about leaving Americans to die when there was a chance of saving them. At the very least U.S. forces might have made those who killed our people pay while they were still on the scene. The Obama White House is famously vindictive against perceived disloyalty – the administration would not let Ham get away with scolding them for failing to show the leadership necessary to save American lives. The Army’s ethos is to leave no man behind, but that is not shared by a president accustomed to leading from that location.

First of all, recall that General Rodriguez is the one whom I called out almost five years ago for spewing the silly propaganda that the Taliban were too weakened to launch a spring offensive, and also the one who wanted to micromanage a Marine Air Ground Task Force in the Helmand Province of Afghanistan.  Less than six hours before Marines commenced a major helicopter-borne assault in the town of Marjah, Rodriguez’s headquarters issued an order requiring that his operations center clear any airstrike that was on a housing compound in the area but not sought in self-defense.  This is rules of engagement of the flavor Rodriguez.

If General Rodriguez is in fact taking over the Africa command, I’m not impressed with Panetta’s decision.  Then again, I think Panetta is a weasel and his excuse-making cowardly, so I’m not surprised by the decision.

The notion that we don’t send our forces into harm’s way without knowing what’s going on is patently absurd and false.  Simply said, it’s a lie.  We deploy Army Rangers to take control of air fields and landing zones in potentially hostile environments, for which we do not know all of the desired information; we deploy Marine infantry into situations of potentially unknown threats all of the time all over the globe; each and every time a patrol left the outpost at the Korengal in Afghanistan, they were deploying into potentially deadly situations without specific and detailed knowledge of the situation.

The counterinsurgency and state-building doctrine that has taken possession of the very souls of our military elite states unequivocally that our forces should be willing to sustain risk – of a potentially unknown quantity and quality – in order to protect the population.  But when it comes to protecting our own forces such as those deployed in Benghazi, the excuse is made that we didn’t have enough intelligence.

Finally, as the final nail in the coffin of this ridiculous prevarication, we deploy Marine Scout Snipers and Force Recon all of the time into situations of completely unknown risk, danger and hazard in order to gather intelligence and lay the groundwork for the Marine infantry.  If we really needed more information on Benghazi, we could have deployed reconnaissance forces.

Thus has one general been given his walking papers, a system apparatchik been promoted, and yet another lie been woven into the horrible web of lies concerning Benghazi.  This is false doctrine being willingly preached by the Secretary of Defense as an attempt to cover the administration.  Make no mistake about it.  Is there any level to which they will not stoop?

UPDATE #1: Thanks to Glenn Reynolds for the attention!

UPDATE #2: At NRO’s Corner, David French observes:

His “basic principle” is simply false. We deploy forces all the time in our theaters of war without good real-time information. All. The. Time. If we didn’t, far more men would die. The fog of war never fully clears, and our solution has been to typically go in with sufficient force to deal with virtually any reasonable contingency. But the truly revealing part of the response is here: “General Ham, General Dempsey and I felt very strongly that we could not put forces at risk in that situation.” To military ears those are not the words of a man who made a decision; those are the words of a man who made a recommendation. A decision-maker follows his strong feeling with an order: to stand down or decline the request for help. A recommender passes his feeling up the chain of command — in this case, to the president of the United States.

The State Department answered the call with what force it had. The military did not. Either we did not have assets to answer (and that would be a different kind of scandal) or someone made the decision to — in effect — hang up on the 3:00 a.m. caller. Who made that call and why? The military already knows.  So should the American people.

UPDATE #3: CJCS denies:

The top U.S. military officer is denying reports that Army Gen. Carter Ham’s planned departure as head of U.S. Africa Command is linked to the Sept. 11 attack in Libya.

Joint Chiefs of Staff Chairman Gen. Martin Dempsey issued a written statement Monday calling speculation about the reasons for Ham’s move “absolutely false.”

Well, Mr. Dempsey, I don’t believe you.  It’s sad that it has come to that, no?  As for something being absolutely false, Panetta’s claim (see above) remains so.

Prior:

White House Informed Of Militant Claim Two Hours After Benghazi Attack

What’s The Problem With Obama’s Response To Benghazi?

Marine Double Amputee Taunted In Charlotte Grill

BY Herschel Smith
13 years, 6 months ago

From The Charlotte Observer (via WCNC):

The owner of a south Charlotte restaurant says he is “heartbroken” over an incident Sunday in which bantering between football fans got out of control, resulting in a U.S. Marine who lost both legs in Afghanistan being forced to leave the eatery with his wife, parents and friends.

Chris Neilsen, owner of the Moosehead Grill on Montford Drive, has been in contact with family members of Marine Garrett Carnes, of Mooresville, following the incident that Neilsen says “was awful.”

“I want to somehow make it right by them,” Neilsen says.

During a verbal altercation that some witnesses said almost came to blows, one patron allegedly told Carnes he was using his wheelchair “as an excuse.”

In an interview with The Observer, however, the fan said Carnes and members of his party were equally abusive. And he denied making a remark about the Marine’s wheelchair.

The incident happened after Carnes, his wife Courtney, their parents, and friends Brett and Nicole Coburn stopped at the restaurant for dinner after attending the Carolina Panthers’ game against Dallas. Several members of the party, including Garrett Carnes, were wearing Dallas Cowboys jerseys.

“Courtney was the first one out of the vehicle, and while she was getting Garrett’s wheelchair, one guy immediately started yelling at her,” said Brett Coburn, who described the man’s comments as “taunts.”

Coburn said that when the group reached the front door, the fan was waiting for them.

“He was standing at the door, and he started harassing us because of the Cowboys jerseys,” Coburn said.

He said the fan told Garrett Carnes, “Don’t use your wheelchair as a crutch.”

The fan, who did not want to give his name, gave a different account.

“Moosehead is a Panthers’ bar,” he said. “When they came, wearing the Cowboys’ jerseys, I started up on them. I asked them if they were Cowboys fans who lived in North Carolina.”

“I’m not going to fight someone in a wheelchair,” the fan said. “I said to him, ‘I’m not fighting you. Get four of your boys, and I’ll fight them.’ “

According to multiple accounts of the incident, Carnes told the patron – and others who were ridiculing the group for being Cowboys’ fans – that he was a veteran and had lost his legs in Afghanistan.

Members of the Carnes-Coburn party tried to “defend ourselves verbally,” Brett Coburn said.

“We were going back and forth,” the fan said. “Yes, it got out of control.”

The fan said one woman in the Carnes-Coburn party swore at him.

He said the fan walked toward Carnes in a threatening way, and some other patrons stepped in to break it up.

Neilsen said his employees are trained to separate possible combatants, in an effort to defuse such situations. On Sunday, staff members asked Garrett Carnes and his party to leave, while they took the fan to another area of the restaurant.

“It spiraled out of control,” Coburn says.

Courtney Carnes called police, but no charges were filed.

Neilsen said he arrived at the restaurant after the group had left and was in the parking lot, talking to police.

“I didn’t want them to leave,” he said of the Carnes-Coburn party, “but I understand why they left. I’m miserable. My heart hurts for them.”

He said the trouble was caused by people who “are not regulars” at the restaurant and added that the fan was not welcome to return.

Carnes, who is still undergoing treatment for his wounds at a Washington-area hospital, is trying to stay out of the dispute, Coburn said. Carnes’ mother, Rhonda, addressed a note to restaurant patrons on Facebook, saying, “Why didn’t any of you stand up for my son and daughter? And to think my son almost died for every single person in that bar, by defending all your freedom.”

The fan told the Observer, “He (Carnes) is a veteran, and I appreciate what he did for this country. But I don’t appreciate how abusive they were.”

Cedar Posts Blog has identified the culprit by name.  I won’t follow suit, but I will note that the original issue of the Charlotte Observer story identified the individual responsible as “Tank.”  They have since removed this from the report.

To learn more about Marine Corporal Garrett Carnes, read this earlier Charlotte Observer report.  My initial inclination was to inform “Tank” that I would like to meet him at a place and time of his choosing, and I would be happy to wear a Dallas Cowboys shirt (not that I am particularly a fan of the Cowboys) to see just what he thinks about it. You see, Tank doesn’t intimidate me.

But it appears from Facebook posts that there are enough people who want to meet Tank, so I thought I would focus on more important things.  Take careful note, Tank, of your reaction when you saw a double-amputee, and heard that he was a Marine.  You waxed idiotic concerning a shirt he was wearing.  You poked your belly out to defend a sports team that, frankly, doesn’t know you and doesn’t care anything about you.

Let’s be more specific.  I cannot stand quarterback Cam Newton.  I think that ridiculous head scarf he wears on the sidelines looks childish.  It sets him apart rather than marks him as a leader.  He will never be in the same class as say, Joe Montana, not if he lives 200 years.  And his silly superman act in the endzone makes him out to be a superstar wannabe.  I hate superstars, and I love team players.  The Marines are team players.  The Panthers are horrible in just about every other way, at least right now.

So, you spent your moral capital defending guys who do poorly at what they do, don’t know you, wouldn’t care anything about you if they did, and wouldn’t give you the time of day if they passed you on the street.  Losers, you and the Panthers.

Contrast that with the fellow you verbally abused.  He deployed to one of the worst places on earth to take down al Qaeda, al Qaeda sympathizers and their enablers.  He trained in deadly conditions (e.g., squad rushes with live fire) in order to do this, and will forever live with the consequences of his sacrifice for you.

If I had met him, I would have asked him permission to discuss his experiences in warfare.  You see, I owe him that respect, and some men don’t like to talk about it.  If he agreed, I have a whole host of questions for him.  What happened?  How did it happen?  When did it happen?  Where were you – Now Zad, Garmsir, Sangin?  What is your unit?  What about IEDs and have dogs been beneficial to you?  Are you set for at least a while, and is there anything I can do for you?

You see, Tank, some of us have respect for our warriors.  We worry over things like Hezbollah crossing the Southern border, how quickly al Qaeda will re-group when we leave N2K, what the Pech River Valley and the Hindu Kush will look like with the ANA and ANP in charge, how quickly the Taliban will move from Helmand to Kandahar and then on to Kabul, why we didn’t send forces to repel the Islamist attack at Benghazi, Libya, and so on and so forth.

I understand that you apparently can’t handle that sort of stuff.  So you just wear your shirt, cheer for your sports teams, and look stupid in those photographs.  You laugh, and laugh, and bow your belly out as if you’re really something.  But measure the cost.  Somewhere there is a terrorist planning to take down our electrical grid.  When that happens, your sports team will be the last thing on your mind, and you might just remember that Marine you abused.

A Middle East Foreign Policy for the 21st Century

BY Glen Tschirgi
13 years, 6 months ago

After watching the third and final presidential debate on Monday night, I was disturbed to hear the two candidates talk about foreign policy with such lack of focus or context.   Admittedly, Obama was intent on baiting Romney into a game-changing gaffe and Romney was intent on not committing any, such error.   Presidential debates, ironically enough, are the last place to hear what a candidate actually thinks about any particular subject.

Both candidates, for example, endorsed the comic notion that the Afghan Army will be able to take over the fight against the Taliban by 2014 as the precursor to an American retreat.  Both candidates vowed that Iran will not be allowed to field a nuclear weapon (Romney actually drew the line at “nuclear capability” which is better), but neither one mentioned that the deeper problem with Iran is its current, Islamist government and not their pursuit of nuclear weapons per se.    So, for instance, Romney seemed to accept the continuation of the Iranian Regime so long as it did not have nukes.

Reflecting on this event further I am reminded of  a post by Walter Russel Mead which is an excellent springboard, summarizing all that is wrong with the current American approach to the Middle East:

The anti-American riots that have been rocking the Muslim world since 9/11 have shaken the establishment out of its complacency. Increasingly, even those who sympathize with the basic elements of the administration’s Middle East policy are connecting the dots. What they are seeing isn’t pretty. It’s not just that the US remains widely disliked and distrusted in the region. It’s not just that the radicals and the jihadis have demonstrated more political sophistication and a greater ability to organize and strike than expected and that the struggle against radical terror looks longer lasting and more dangerous than thought; it’s that the strategic underpinnings of the administration’s Middle East policy seem to be falling apart. A series of crises is sweeping through the region, and the US does not—at least not yet—seem to have a clue what to do.

***

The Israeli-Palestinian problem, for example, cannot be settled quickly; the consequence of the region’s lack of democratic traditions and liberal institutions cannot be overcome in four or eight years; the underdevelopment and mass unemployment afflicting so many countries has no known cure; the ethnic and sectarian hatreds that poison the region will not soon be tamed; the deep sense of grievance and injustice that shapes the attitudes of so many toward the Christian or post-Christian West will not soon fade away; the radical and terror groups now roaming the region cannot be easily stopped or mollified; the resource curse will continue to corrupt and poison large parts of the region; the resurgence of Islam, even in less radical forms, inevitably heightens a sense of confrontation with the US and its western allies; and Iran’s ambitions are hard to tame and impossible to accept.

Mr. Mead challenged both Obama and Mitt Romney to articulate a policy or at least initiatives that might address these problems.  Neither has done so.

At the risk of being what Mr. Mead terms “an armchair strategist” offering simple solutions, I believe that the U.S. needs to fundamentally reconsider its approach to foreign policy and the methods and tools used to pursue that policy.

First, it is not enough, unfortunately, for the United States to be in favor of “democracy” or “freedom” for those around the world.  These terms are simply too amorphous and chameleon to be useful in building a coherent foreign policy.   Instead, the U.S. should be an ardent advocate for the foundations of civil society:  respect for individual rights;  free exercise of religion; freedom of speech; respect for the rule of law rather than resort to rioting and violence; the orderly transition of political power free from intimidation.   This is a sampling of the bedrock, Anglo-American traditions that are prerequisites  for a democratic republic.    As Mark Levin argues in his latest book, Ameritopia, you cannot hope to have a real democracy without the foundations of a civil society.

The Middle East is bereft of genuine democracies (with the notable exception of Israel) because it is bereft of the foundational traditions of a civil society.   That is why it was unforgivably foolish of George W. Bush to insist on the hasty installation of a “democracy” in Afghanistan and Iraq.  Neither of these societies had the foundations needed for democracy to take root.   Yes, Iraq and Afghanistan may have the outer trappings of democracy with parliaments and elections, but form is not substance.  Iraq is headed back towards civil war as the ethnic and sectarian factions escalate violence against one another.   Afghanistan is a cardboard cut-out of democracy propped up with billions of dollars of U.S. aid and military assistance.   Once the props are removed in 2014 (or sooner), the facade will collapse.

So then, it is a tragic and self-defeating mistake for the U.S. to blindly push for elections.   In Gaza, for example, such elections mean nothing.    They mean less than nothing since they serve to legitimate blood-thirsty ideologues, putting the U.S. in the untenable position of undermining what we previously declared to be a “freely elected” government.    No matter that said government throws its political opponents off of rooftops.

Rather, the U.S. must be very specific, unapologetic and insistent about the type of democracy and “freedom” we are talking about– an Anglo-American civil society that can support the pressures of representative government and tolerate religious diversity and dissenting opinions.

Furthermore, the U.S. must take a hard look at the nations as they are and not how we wish them to be.   It took hundreds of years for civil traditions to develop in the West.   It may take much longer in the Middle East, burdened as it is with Islamic notions of subjugation, subservience and nihilism.

As an example of this, consider this piece by Robert Kagan in The Washington Post.   Kagan argues in favor of supporting the Muslim Brotherhood government in Egypt mainly because it was “democratically” elected:

The Obama administration has not been wrong to reach out to the popularly elected government in Egypt. The Muslim Brotherhood won that election, and no one doubts that it did so fairly. We either support democracy or we don’t. But the administration has not been forthright enough in making clear, publicly as well as privately, what it expects of that government.  (Emphasis added)

First, it is not beyond dispute that the Muslim Brotherhood won the election “fairly” when it is essentially the only, organized political party in the country.   There is evidence that a sizable number of Egyptians do not support the Muslim Brotherhood but no, unified opposition party could be organized in the relatively short time allowed before the vote.    In any event, to say that an Islamist party received the most number of votes in an election does not lead ineluctably to the conclusion that it is a “democracy” that we are obligated to support.   In fact, Kagan goes on to point out that the U.S. must make it clear what a “democracy” entails:

Out of fear of making the United States the issue in Egyptian politics, the Obama administration, like past administrations, has been too reticent about stating clearly the expectations that we and the democratic world have for Egyptian democracy: a sound constitution that protects the rights of all individuals, an open press, a free and vital opposition, an independent judiciary and a thriving civil society. President Obama owes it to the Egyptian people to stand up for these principles. Congress needs to support democracy in Egypt by providing aid that ensures it advances those principles and, therefore, U.S. interests.

I would differ with Kagan to the extent that U.S. aid money is provided directly and up front to an Egyptian government that is showing every indication that it intends to implement its Islamist beliefs.  Egyptians must see that voting in an Islamist government will have certain and severe consequences.   In any event, the United States cannot be in the business of funding our enemies and, regardless of Kagan’s view that the Muslim Brotherhood is not clearly against us, a weak or failing Islamist regime in Egypt is better than one that is buying up the latest weapons systems (e.g., German submarines for example) with U.S. tax dollars.   Kagan and those like him are desperate to see a civil society where none exists and, so, are easily taken in by democratic happy talk that Egyptian President Morsi (and other Islamists in the region) are all too adept at feeding to willing dupes.

The second, radical change to U.S. foreign policy must be to view everything in terms of U.S. national interests and the tactics and lines of effort that best advance those interests.

For example, for the better part of four years, the Obama Administration has confused the agenda of the United Nations with that of the United States of America.   While it would be hoped that the international body that the U.S. founded at the end of World War II and funds disproportionately would be at least sympathetic to U.S. national interests, this is decidedly not the case.  The U.N. has largely been subverted and overrun by authoritarian member states with interests that directly conflict with those of the U.S.   In an ideal world, the U.S. would explicitly repudiate the U.N., evict it from its expensive quarters in Manhattan and rent out the space to a new organization made up of democratic U.S. allies.   Alas, the best we can hope for is to limit the damage of the U.N. by ignoring it, working around it and forging coalitions of allies to negate the U.N.’s malign influence in the world.

In the Middle East and around the globe, the U.S. needs to re-evaluate its position in the light of our national interest.  We must, for example, reconsider our relationship with Saudi Arabia in light of their unrelenting funding of Salafist and Wahhabist ideologies directly hostile to the U.S. and the West in general.   We cannot elevate the Saudis to the high status of ally or even “friend” when they are bankrolling our enemies.   This need not mean open conflict with them, but it surely must mean a reduction in relations.  (The fact that the U.S. is set to soon surpass the Saudis as the world’s largest oil producer should translate into tangible, state leverage).

Syria is another example where the U.S. must evaluate the opportunities and risks for involvement based primarily upon national interest rather than the threat of a “humanitarian crisis” or “instability.”  Even a Syria riven by civil war and instability will stalemate Iran’s ability to fund and support Hezbollah and bring greater opportunities for U.S. influence in the region as a whole.   The U.S. has been at war with Iran since 1979 and rarely have we had an opportunity to deal the regime in Tehran such a critical blow as exists in Syria.

Throughout the Middle East U.S. policy is plagued by a lack of a driving force.  The U.S. intervened in Libya under the pretext of potential civilian casualties but recoils from Syria with actual casualties.    The U.S. dithers over supporting former President Mubarak in Egypt while supporting the  no-less tyrannical Saudi royal family.   The U.S. spends tens of billions of dollars on a corrupt government in Kabul but argues whether to pull funding from Israel if it does not halt new housing settlements or show enough “flexibility” on Arab demands for land.   It is high time to clarify who our friends and enemies are and why.  Israel is not merely a kindred democracy, for example.   They are a vital ally because they directly serve U.S. interests in the region as a bulwark against Islamists.  There is, perhaps, no greater return on U.S. investments than Israel given the plethora of hostile, Islamist states in the region.   But here again, the U.S. policy is to adopt the hectoring, self-righteous tone of the international community, treating Israel and the Palestinians on equal terms for no good reason.

It is my hope that Mitt Romney wins the election and does so in convincing fashion.   The next four years could be pivotal as a showdown with Iran cannot be delayed beyond the next term in office.  War is everywhere in the Middle East and the next President will need to have a clear-eyed view of what America’s interests are and how to achieve them.   The last 11 years have certainly taught us that “nation building” and “elections” are not effective tools of American power.   May President Romney absorb the lessons and chart a better course in 2013.

White House Informed Of Militant Claim Two Hours After Benghazi Attack

BY Herschel Smith
13 years, 6 months ago

We’ve already discussed how the Obama administration lied about not knowing that the Benghazi attack was an assault by an militant Islamic group.  My own military readers informed us that this was a planned assault with fighters already in position, using a complex ambush with combined arms.  This assessment was made by my readers within 24 hours of the assault using nothing but open source information.  I have been unequivocal in calling the suggestion that the administration waited for information and analysis a lie.  I still do not retract my charge.

Now comes more evidence.

Officials at the White House and State Department were advised two hours after attackers assaulted the U.S. diplomatic mission in Benghazi, Libya, on September 11 that an Islamic militant group had claimed credit for the attack, official emails show.

The emails, obtained by Reuters from government sources not connected with U.S. spy agencies or the State Department and who requested anonymity, specifically mention that the Libyan group called Ansar al-Sharia had asserted responsibility for the attacks.

The brief emails also show how U.S. diplomats described the attack, even as it was still under way, to Washington.

U.S. Ambassador Christopher Stevens and three other Americans were killed in the Benghazi assault, which President Barack Obama and other U.S. officials ultimately acknowledged was a “terrorist” attack carried out by militants with suspected links to al Qaeda affiliates or sympathizers.

Administration spokesmen, including White House spokesman Jay Carney, citing an unclassified assessment prepared by the CIA, maintained for days that the attacks likely were a spontaneous protest against an anti-Muslim film.

[ … ]

The records obtained by Reuters consist of three emails dispatched by the State Department’s Operations Center to multiple government offices, including addresses at the White House, Pentagon, intelligence community and FBI, on the afternoon of September 11.

The first email, timed at 4:05 p.m. Washington time – or 10:05 p.m. Benghazi time, 20-30 minutes after the attack on the U.S. diplomatic mission allegedly began – carried the subject line “U.S. Diplomatic Mission in Benghazi Under Attack” and the notation “SBU”, meaning “Sensitive But Unclassified.”

The text said the State Department’s regional security office had reported that the diplomatic mission in Benghazi was “under attack. Embassy in Tripoli reports approximately 20 armed people fired shots; explosions have been heard as well.”

The message continued: “Ambassador Stevens, who is currently in Benghazi, and four … personnel are in the compound safe haven. The 17th of February militia is providing security support.”

A second email, headed “Update 1: U.S. Diplomatic Mission in Benghazi” and timed 4:54 p.m. Washington time, said that the Embassy in Tripoli had reported that “the firing at the U.S. Diplomatic Mission in Benghazi had stopped and the compound had been cleared.” It said a “response team” was at the site attempting to locate missing personnel.

A third email, also marked SBU and sent at 6:07 p.m. Washington time, carried the subject line: “Update 2: Ansar al-Sharia Claims Responsibility for Benghazi Attack.”

The message reported: “Embassy Tripoli reports the group claimed responsibility on Facebook and Twitter and has called for an attack on Embassy Tripoli.”

While some information identifying recipients of this message was redacted from copies of the messages obtained by Reuters, a government source said that one of the addresses to which the message was sent was the White House Situation Room, the president’s secure command post.

Other addressees included intelligence and military units as well as one used by the FBI command center, the source said.

And as I had pointed out, some two weeks after the assault Obama went before the U.N. claiming that it was a result of that crackpot video.

Again, exactly when they used the word “terror” isn’t relevant.  The assault would have inflicted terror regardless of whether it was a result of mob behavior or a planned attack.  The point is that Obama put the blame squarely on a spontaneous mob acting from rage as a result of the video.

He knew better.  And you knew better within 24 hours because my military readers told you so.  In this case, the facts are getting in the way of the narrative.

The Importance Of Local Politics To Gun Owner Rights

BY Herschel Smith
13 years, 6 months ago

Jeff Knox explains why the upcoming national election is important, but in the process, I think he proves a corollary (or maybe even contrary) point.

What all of this demonstrates is that Republican appointees to the Supreme Court are rarely “conservative” stalwarts and historically display only a 50 percent chance of supporting traditionally conservative positions, while Democratic appointees are historically 100 percent reliable in backing the Democratic agenda. Even Robert Bork, who is considered an ultra-conservative jurist and whose failed confirmation hearings were so contentious that his name has entered the vernacular as a verb (meaning to block a nomination by defamation), has frequently expressed an opinion that the Second Amendment does not protect an individual right to arms. I had the opportunity to argue the issue with Judge Bork himself on a radio program in the late ’80s and was sorely disappointed with his position.

The Supreme Court currently breaks down like this: Ruth Bader Ginsburg is 79 years old and continues to surprise prognosticators (including me) who have been predicting her imminent retirement for years. Antonin Scalia and Anthony Kennedy are both 76 years old, and both appear to be in good health for their age. Stephen Breyer is 74 and also healthy. Clarence Thomas is 64. Samuel Alito is 62. Sonia Sotomayor is 58. John Roberts is 57, and Elena Kagan is 52.

It is extremely likely that at least one of these justices will retire within the next four years, and it’s quite possible that as many as three could step down. If Barack Obama is re-elected, it is a virtual surety that any justice he appoints will be relatively young, staunchly “liberal” and have an unfavorable view of the Second Amendment. If Democrats retain control of the Senate, confirmation of an Obama appointee is also almost guaranteed. Even if Republicans manage to take control of the Senate, the odds are almost nil that any but the most extreme radical would be rejected.

If Romney is elected, the odds of him appointing a pro-Second Amendment conservative are no better than 50-50. A Democrat-controlled Senate reduces those odds to somewhere between 25 and 30 percent, while a Republican-controlled Senate raises the odds to around 60 percent. 
In a best-case scenario, the likelihood of seeing reliable, pro-Second Amendment justices seated on the Supreme Court are not great, but each step away from that best-case reduces that likelihood dramatically.

Whether our second amendment rights are further codified or eroded in the coming years is yet to be seen.  Ruth Ginsburg sees reversal of Heller Versus D.C. on the horizon with a “future, wiser court.”  But that’s only part of the battle.  In the future, local politics may be even more important, since the federal government is only one guarantor of our rights as firearms owners and users.

If the particular state in which you reside is unfriendly to firearms rights, they may have Supreme Court decisions upon which to base their intrusions.  But if more friendly to our rights, at least there is a battle to be waged between states and and intrusive federal government.

This isn’t determinative, and it doesn’t obviate gun rights problems, but it does give us a firmer foundation upon which remediation of federal problems may occur, even if difficult and even if the fight is a long one.

Prior: Louisiana, Guns And Strict Scrutiny

What’s The Problem With Obama’s Response To Benghazi?

BY Herschel Smith
13 years, 6 months ago

Too much focus has been given to whether the administration called the attacks on the American consulate at Benghazi an act of terror.  Parsing the questions is important both to frame our objections to Obama’s behavior after this incident and to point out larger problems with his foreign policy.

It’s well known that the administration rejected requests for increased security at the consulate.  The administration’s assumptions regarding the nature of the world has caused them to be unprepared for the Islamists at every turn over the last four years.  But their refusal to protect Americans, as shameful and loathsome as that is, constitutes a different issue than the one I am addressing.

As I’ve pointed out before, I published an assessment within one day of the attacks in which, despite focusing on issues related mostly to how we move forward with increased security, my own military readers concluded that this was a well-planned, well-coordinated attack with ensconced fighters, involving a complex ambush with the use of combined arms.

Take careful note.  The use of combined arms is deadly to your own fighters if it isn’t a well-rehearsed engagement.  Firing mortars or light [or heavy] machine guns at your own fighters kills them, and you must know where they are and what they’re doing at all times.

My article was well-visited that day by the State Department, Department of Homeland Security, DoD network domains, and others that were in a position to make a difference with the administration.  Glenn Reynolds linked the post, and the traffic his site drives isn’t the only interesting feature of his attention.  The quality of his traffic is even more remarkable.

So within 24 hours everyone knew that this wasn’t the action of an angry mob.  The administration also knew that very quickly from information to which only they would have been aware, as Former Spook points out.

In recent posts, we’ve asked the fundamental question about the terrorist attack on our consulate in Benghazi, which resulted in the deaths of four Americans: what did the  administration know, and when did they know it?

As we’ve noted, there was a steady stream of intelligence reporting on the attack, delivered at the FLASH/CRITIC level.  Messages assigned that priority must be delivered to the President within 10 minutes of receipt.  This traffic captured conversations between the Islamist factions responsible for the attack, before and during the assault on our compound.  That’s why administration claims that incident was some sort of “demonstration gone bad” are nothing more than a lie.

Ditto for Joe Biden’s claim that Benghazi was some sort of intelligence failure.  By all accounts, the spooks did their job, and it was apparent within minutes  that our consulate was under attack by terrorists, not ordinary Libyans incensed over that internet video.  If Director of National Intelligence James Clapper has any shred of integrity remaining, he should resign immediately in protest over how his community is being “used” to conceal leadership failures of the first magnitude.

But terrorist phone traffic wasn’t the only source of information on the night of September 11, 2012.  According to Fox News military analyst Colonel David Hunt (who spent most of his Army career in special forces), various U.S. command centers–in the U.S. and overseas–received a running account of the attack –while it unfolded–from a State Department official inside the consulate.  Hunt detailed who was listening in during a recent interview with Boston radio host Howie Carr.

See his article for a continuation of the discussion.  So as we’ve observed, the administration knew.  But then as I mentioned above, so did you.  It didn’t take weeks or months of review, investigation and field work to know how this transpired.  My military readers told you within 24 hours.

And yet … some two weeks after the attack on the consulate, Obama went before the United Nations and gave that silly, sophomoric speech.

That is what we saw play out the last two weeks, as a crude and disgusting video sparked outrage throughout the Muslim world. I have made it clear that the United States government had nothing to do with this video, and I believe its message must be rejected by all who respect our common humanity. It is an insult not only to Muslims, but to America as well – for as the city outside these walls makes clear, we are a country that has welcomed people of every race and religion. We are home to Muslims who worship across our country. We not only respect the freedom of religion – we have laws that protect individuals from being harmed because of how they look or what they believe. We understand why people take offense to this video because millions of our citizens are among them.

[ … ]

There are no words that excuse the killing of innocents. There is no video that justifies an attack on an Embassy.

He very clearly blamed the attack on a video and pointed to mob-like behavior and outrage.  This is his lie.

He knew better.  Everyone knew better.  Yes, he and his administration has four deaths for which to answer.  They are on his conscience.  His foreign policy is an abysmal  failure.  Furthermore, as my own readers pointed out within one day of the attack, we lacked an effective QRF (Quick Reaction Force).  We were unprepared.  This is yet another problem.

Those are problems indeed.  But they belong in a different category, and parsing them is necessary when moderators and main stream media types talk about ridiculous things like when the administration used the word “terror.”  The word means nothing.  The attack would have inflicted terror regardless of whether it was a pre-planned attack or the actions of a mob.  In pointing to a video, Obama lied. The lie demands an answer separate from the failures of Obama’s foreign policy.

UPDATE #1: Seeing the problems ahead, it appears that the administration is returning to the lie, as a dog to its own vomit.

UPDATE #2: The CIA is lying for Obama, just as had been predicted.  And it is a lie – make no mistake about it.  Also see Bing West on the CIA-NYT lie.  What, now, does this say about General David Petraeus who currently heads up the CIA?

UPDATE #3: No, Katrina, you’ve accepted the lie too uncritically.

UPDATE #4: Romney’s response apparently can be found here.  Take note, though.  Look carefully at the dates.  Obama’s camp is claiming that the intelligence community didn’t change the briefs until September 22nd.  For the sake of argument, let’s grant the point.  Obama gave his speech to the U.N. on September 25th.  Even if [what I am calling] the lie is true, Obama is caught in yet another lie.  He knew before his U.N. speech.

Louisiana, Guns And Strict Scrutiny

BY Herschel Smith
13 years, 6 months ago

Louisiana may be about to become the most second-amendment friendly state in the country.

It is all about the Second Amendment to the U.S. Constitution, in the fight over Amendment No. 2 to the state constitution.

“Amendment No. 2 is a simple amendment. It’s just two lines,” said George Peterson of American Freedom and Supply in Jefferson Parish.

In its two sentences, Amendment No. 2 calls the right to bear arms “fundamental” and adds that any restrictions on that right would be subject to “strict scrutiny.”

Those two words could have a major legal impact.

“It would not only prevent the legislature from enacting new gun laws that would be for the public’s protection, it could also potentially be used to strike down laws, for example, that don’t allow people to bring guns on college campuses, or into grocery stores or bars or churches,” said Eyewitness News Political Analyst Clancy DuBos.

That means more than 80 current gun laws could be more easily challenged in court. The Bureau of Governmental Research opposes the amendment, calling it “alarming” and a public safety issue.

“Louisiana has the third highest death by firearms in the United States. New Orleans has one of the highest murder rates,” said BGR President Janet Howard. “There is just no good reason, as far as we can see, to create uncertainty in this area and make it more difficult to regulate guns than it currently is.”

Supporters, though, said “strict scrutiny” is all about common sense.

“A legislator from some parish or whatever wants to make something that’s non-sensical — like banning assault weapons or sales in a certain parish — you’d have to be under strict scrutiny to see if that’s actually reasonable,” Peterson said.

It is a scrutiny that will now fall on voters, as they decide on Nov. 6th, whether or not the proposal is reasonable.

A lawyer would have a better chance of a clear explanation of this than would I, but here it goes anyway.

There is the rational basis test, intermediate scrutiny, and strict scrutiny.  On the rational basis test, it is important whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government.  It may not even matter whether there is an actual interest at stake.  If a court can hypothesize a legitimate interest, then the challenge fails.

Under intermediate scrutiny, it is important whether a law or policy being challenged furthers an important government interest in a way that is substantially related to that interest.  Under strict scrutiny, there must be a compelling governmental interest as a basis for the law, the law must be narrowly tailored to achieved that interest, and if there is a less restrictive means of achieving that interest, the challenge succeeds.

This would be an important amendment.  Many states grant deference to local governments in the application of more restrictive laws.  One such example would be the changes made to my own state of North Carolina early in 2012.  Carry of weapons in state and local parks is now legal (and the Castle doctrine is adopted state-wide), but there are municipalities and cities that have chosen more restrictive regulations for their area.

Thus, carrying a weapon like I do, I have been in communication with the head of the parks and recreation division for Mecklenburg County to track what changes have been made and whether signage will be revised to recognize the legitimacy of carrying a weapon – concealed or openly – in the parks and public walkways near where I live.

Louisiana doesn’t have to worry with that, as long as the people pass the amendment to the state constitution.  The right to bear arms will be recognized as fundamental, strict scrutiny will apply, and many local regulations will be struck down.  They are about to become the most gun-friendly state in the nation.  Even if you don’t live in Louisiana, it’s important to celebrate victories.

Supreme Court – Stevens And Guns: Forgetting History

BY Herschel Smith
13 years, 6 months ago

From Emily:

Former Supreme Court Justice John Paul Stevens demonstrated the importance of America’s upcoming presidential choice as he spoke Monday to the Brady Campaign to Prevent Gun Violence. Justice Stevens told the assembled gun grabbers of the urgent need for Congress to adopt laws restricting the right to keep and bear arms.

As the author of the dissenting opinions in the Heller and McDonald cases, which affirmed the right of individuals to keep handguns in the home, Justice Stevens said the high court precedent still allows new laws rolling back our rights.

The 92-year-old jurist explained the landmark gun rulings leave room for restrictions on the right to carry outside the home, bans on certain styles of firearms, elimination of carry rights in “sensitive” places and background-check requirements for private gun sales.

“The Second Amendment provides no obstacle to regulations prohibiting the ownership or the use of the sorts of automatic weapons used in the tragic multiple killings in Virginia, Colorado and Arizona in recent years,” the Ford nominee said, incorrectly lumping together semi-automatic and automatic weapons, which already are highly regulated.

He added, “Maybe you have some kind of constitutional right to have a cellphone with a pre-dialed 911 in the number at your bedside, and that might provide you with a little better protection than a gun which you’re not used to using.”

Stevens forgets his history.  As I’ve observed before, “There are always caveats, stipulations and complications when it comes to interpreting and applying the constitution.  But a plain reading of the text requires that if our understanding contradicts the fundamental exigencies and vicissitudes of life as it existed in the colonial times that hatched the constitution, then our understanding is in need of modification.  Weapons were ubiquitous in the colonies for sporting and recreation, protection against animals, protection against people and protection against governmental tyranny (“The British never lost sight of the fact that without their gun control program, they could never control America”).  Each was in its own way a threat to the safety and health of strong families.”

So Justice Stevens ignores the warp and woof of American history, and without that familiarity and understanding, no one, including a Supreme Court Justice, will be able to make sense of our founding documents.

But more immediately, the Supreme Court ruling in Castle Rock Versus Gonzales decided that the police do not have a duty to protect citizens.  Justice Stevens – forgetting (or ignoring) his Supreme Court history – is recommending the defenestration of a clear right (i.e., the Second Amendment) in favor of one that is an utter fabrication of his own imagination, i.e., “some kind of constitutional right to have a cellphone with a pre-dialed 911 in the number at your bedside.”

Such is the case with washed-up, has-been progressives who simply refuse to acquiesce to the nature of the American system.  Bitterness defines them.

Obama Calls For Renewal Of Assault Weapons Ban

BY Herschel Smith
13 years, 6 months ago

From ABC News:

At the end of a long answer to the question, “What has your administration done or planned to do to limit the availability of assault weapons?” Obama said this:

“My belief is that, (A), we have to enforce the laws we’ve already got, make sure that we’re keeping guns out of the hands of criminals, those who are mentally ill. We’ve done a much better job in terms of background checks, but we’ve got more to do when it comes to enforcement.

“But I also share your belief that weapons that were designed for soldiers in war theaters don’t belong on our streets. And so what I’m trying to do is to get a broader conversation about how do we reduce the violence generally. Part of it is seeing if we can get an assault weapons ban reintroduced. But part of it is also looking at other sources of the violence. Because frankly, in my home town of Chicago, there’s an awful lot of violence and they’re not using AK-47s. They’re using cheap hand guns.”

Of course he did.  It’s who he is, it’s what he is about.  And notice that he protracts the problem of violence to cheap hand guns as well.  Well hell, let’s just ban cheap hand guns too.  That will fix the problem.

I’ve already made my views known.  Forcing a family to consider what may for them be an inferior weapon for their protection (e.g., a lower capacity magazine or more human-machine interactions in order to make a weapon function) is immoral.  It also won’t fix the problem of evil anywhere, including the inner city, but the notion that he can’t fix evil with a law or new regulation doesn’t comport with his world view since he is a statist.

Thus should all gun owners, lovers of freedom and believers in righteousness work against both the election of Obama and his evil regulations.  My views have been made known, but Obama had successfully hidden his to the ignorant masses until now (since the masses won’t pay attention to anything that didn’t happen yesterday).  At least it’s good that we’re all being transparent.  This is a breath of fresh air.



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