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]

American Energy Independence: Closer Than You Think

BY Glen Tschirgi
14 years, 2 months ago

These days we take our optimism wherever we can get it, and if a Leftist media outlet like Bloomberg is sounding a positive note about surging energy production in the U.S., the real news is likely even better than reported.

A few, choice excerpts:

The U.S. is the closest it has been in almost 20 years to achieving energy self-sufficiency, a goal the nation has been pursuing since the 1973 Arab oil embargo triggered a recession and led to lines at gasoline stations.

Domestic oil output is the highest in eight years. The U.S. is producing so much natural gas that, where the government warned four years ago of a critical need to boost imports, it now may approve an export terminal. Methanex Corp., the world’s biggest methanol maker, said it will dismantle a factory in Chile and reassemble it in Louisiana to take advantage of low natural gas prices. And higher mileage standards and federally mandated ethanol use, along with slow economic growth, have curbed demand.

The result: The U.S. has reversed a two-decade-long decline in energy independence, increasing the proportion of demand met from domestic sources over the last six years to an estimated 81 percent through the first 10 months of 2011, according to data compiled by Bloomberg from the U.S. Department of Energy. That would be the highest level since 1992.

Of course, Bloomberg finds it necessary to throw in the canards about the dangers of “fracking” and the lamentation that greater hydrocarbon usage will further depress the interest in and practicability of solar and wind energy.  Against this persistent Leftist meme, however, it should be noted that the article does not mention global warming, nor quote any “leading scientists” about the dangers of increased carbon production, nor feature a picture of polar bears precariously perched on a tiny bit of ice.   That, my friends, is a sure sign of progress in the fight to restore American intellectual sense.

There is so much good news in this sector of the economy in fact that Bloomberg’s attempts to dampen enthusiasm seem to be more a product of the authors’ embarrassment than any, actual cloud on the horizon.   Read the whole thing and do a little, guilt-free basking.

A few notes on this.

First, there is no doubt that the Obama Administration is going to try to take credit for this boom in energy production.   The President, in fact, attempted to do just that in his State of the Union address to Congress.   No one should be fooled, however.   The Administration has dragged its feet and done all it can to suppress, depress, and discourage hydrocarbon production since it took office, including banning off-shore drilling in places like Virginia which has been ready to start since 2009 and nixing the Keystone XL pipeline from Canada to Texas.

Second, as good as this news is for the U.S. economy and geopolitical position in the world, it could and should be much, much better.   Gas and oil production would dwarf the current figures if the Federal government was not putting massive roadblocks in the way of energy production in this country.  This surge in production is almost exclusively a function of private enterprise finding ways around government hostility and getting the job done.   It is a classic example of the American spirit of independent action overcoming daunting opposition.   Just consider the news from the article as it relates to the amazing work being done in North Dakota:

Crude production in the U.S. is already increasing. Within three years, domestic output could reach 7 million barrels a day, the highest in 20 years, said Andy Lipow, president of Lipow Oil Associates in Houston, a consulting firm. The U.S. produced 5.9 million barrels of crude oil a day in December, while consuming 18.5 million barrels of petroleum products, according to the Energy Department.

North Dakota — the center of the so-called tight-oil transformation — is now the fourth largest oil-producing state, behind Texas, Alaska and California.

The growth in oil and gas output means the U.S. will overtake Russia as the world’s largest energy producer in the next eight years, said Jamie Webster, senior manager for the markets and country strategy group at PFC Energy, a Washington- based consultant.

While U.S. consumers would still be susceptible to surges in global oil prices, “we’d end up sending some of that cash to North Dakota” rather than to Saudi Arabia, said Richard Schmalensee, a professor of economics and management at the Massachusetts Institute of Technology in Cambridge.

What the article does not tell you is that all of this production in North Dakota is occurring on private lands.  The Federal government owns massive tracts of land throughout the Western U.S. and has put virtually all of it off-limits to energy production.   The estimated hydrocarbon resources of Colorado alone rival those of Saudi Arabia.   Imagine for one moment what kind of production the U.S. is capable of when even a part of those Federal lands are opened up for development.   In this sense, the Bloomberg article is actually disguising the enormous potential of U.S. production.   The U.S. has the potential to put OPEC out of business, single-handedly.

Finally, in another delicious moment of vindication that should be enjoyed thoroughly, the avalanche of optimism over U.S. energy production conclusively puts the lie to years of Leftist Democrat drivel that the U.S. cannot “drill its way out of our energy problems.”  Here is El Presidente in May, 2011 in his energy policy speech in Indiana:

President Obama called for the elimination of billions of dollars in oil industry tax breaks Friday, while stressing that the United States can’t drill its way out of high gas prices.

“We can’t just drill our way out of the problem,” Obama said during an energy policy speech in Indiana Friday. “If we’re serious about addressing our energy problems, we’re going to have to do more than drill.”

Obama’s remarks come as Washington policymakers are feeling pressure to take action to address high gas prices, which are nearing a nationwide average of $4 a gallon.Republicans have ramped up calls for expanded domestic oil-and-gas production. House Republicans passed the first of three offshore drilling bills Thursday that have been fast-tracked by GOP leadership.

But Democrats, for their part, are pushing for the repeal of billion of dollars in oil industry tax breaks, citing record oil industry profits and soaring pump prices.

*****

He noted that it’s important to “encourage safe and responsible oil production here at home,” but called for a wide-ranging energy policy strategy focused on reducing the country’s oil imports by one-third by 2025, ramping up vehicle fuel economy standards and relying on low-emission electricity sources.

Remember this when gas prices again head to $4 per gallon and more this Summer.    We will again hear the Republicans in Congress pushing for greater drilling rights and we will hear this same response from El Presidente and his accomplices on Capitol Hill, “No, we can’t drill our way out of high gas prices.”

Pardon the thick irony here, but, as the Bloomberg article and many others like it demonstrate: YES, WE CAN.

U.S. Marine Amphibious Assault On America

BY Herschel Smith
14 years, 2 months ago

From Breitbart:

With beach landings, 25 naval ships and an air assault, the United States and eight other countries are staging a major amphibious exercise on the US East Coast this week, fighting a fictional enemy that bears more than a passing resemblance to Iran.

After a decade dominated by ground wars against insurgents in Iraq and Afghanistan, the drill dubbed Bold Alligator is “the largest amphibious exercise conducted by the fleet in the last 10 years,” said Admiral John Harvey, head of US Fleet Forces Command.

About 20,000 US forces, plus hundreds of British, Dutch and French troops as well as liaison officers from Italy, Spain, New Zealand and Australia are taking part in the exercise along the Atlantic coast off Virginia and North Carolina.

An American aircraft carrier, amphibious assault ships including France’s Mistral, Canadian mine sweepers and dozens of aircraft have been deployed for the drill, which began on January 30 and runs through mid-February.

Monday was “D-day” for Bold Alligator, with US Marines stepping on to the beach from hovercraft, near the Camp Lejeune base in North Carolina.

The American military, mindful that Marines have spent most of their time in the deserts of Iraq and the mountains of Afghanistan since 2001, said the goal was “to revitalize, refine, and strengthen fundamental amphibious capabilities and reinforce the Navy and Marine Corps role as ‘fighters from the sea.'”

With defense spending coming under pressure after years of unlimited growth, the Marines — which devoted a brigade to the exercise — also are anxious to protect funding for their traditional role as an amphibious force.

The exercise scenario takes place in a mythical region known as “Treasure Coast,” with a country called Garnet, a theocracy, invading its neighbor to the north, Amberland, which calls for international help to repel the attack.

Garnet has mined several harbors and deployed anti-ship missiles along the coast.

The threat of mines, anti-ship missiles and small boats in coastal waters conjure up Iran’s naval forces, but the commanders overseeing the drill, Admiral Harvey and Marine Lieutenant General Dennis Hejlik, say the scenario is not based on any particular country.

Good grief.  Just to be clear for the thousandth time on the future of the U.S. Marine Corps, the Marines aren’t going to conduct a large scale, sea-based, amphibious assault and forcible entry to Iran.  It would be ridiculous to believe so.  In fact, the Marines aren’t going to conduct a large scale, sea-based amphibious assault and forcible entry anywhere else, ever.  Marine Corps strategic thinking that prepares them for such an exigency is geriatric.

All the while, SOCOM is planning to park themselves in the Persian Gulf region using a Marine Corps amphibious assault dock, to conduct anti-piracy operations, air-based forcible entry and other missions and operations, conduct hostage rescue, and other assignments as the President decides.

Thus they have taken up the mantle of the Marine Corps and the Marine Corps is in the process of signing, sealing and delivering its irrelevancy to the twenty first century.  Apparently the Marine Corps doesn’t care any more.

Ruling Against Carrying A Gun Outside The Home Appealed To Supreme Court

BY Herschel Smith
14 years, 2 months ago

From Chicago Tribune:

A gun-rights group has appealed to the U.S. Supreme Court after a federal judge in Illinois ruled against allowing people to carry firearms on the street.

The Second Amendment Foundation announced Monday it’s appealing the decision by federal district Judge Sue Myerscough.

Currently only Illinois and the District of Columbia prohibit the concealed carrying of weapons. Gun owners say that infringes on their 2nd Amendment right to keep and bear arms.

Myerscough ruled Friday that the 2nd Amendment allows citizens to protect themselves with guns in their home but not on the street.

Second Amendment Foundation founder Alan Gottlieb says citizens “don’t check our constitutional rights at the front door.”

A similar Illinois-based lawsuit backed by the National Rifle Association remains in federal court.

The Supreme Court had the chance to clarify issues associated with the scope and expanse of the second amendment in numerous recent cases, including the case of Sean Masciandaro (which they declined to hear).  There was a similar decision in the Southern district of New York concerning carrying a weapon outside the home.  We are here because this is exactly where the opinion in Heller versus D.C. put us, with lower courts stripping our constitutional rights because the opinion didn’t make it clear that the second amendment extends outside one’s domicile.

The SCOTUS has yet another good opportunity to clarify things and set the record straight.  Let’s hope that they don’t fail this time around.

Dishonesty About Afghanistan

BY Herschel Smith
14 years, 2 months ago

In the Armed Forces Journal, Lt. Col. Daniel L. Davis drops a bombshell on the community.

I spent last year in Afghanistan, visiting and talking with U.S. troops and their Afghan partners. My duties with the Army’s Rapid Equipping Force took me into every significant area where our soldiers engage the enemy. Over the course of 12 months, I covered more than 9,000 miles and talked, traveled and patrolled with troops in Kandahar, Kunar, Ghazni, Khost, Paktika, Kunduz, Balkh, Nangarhar and other provinces.

What I saw bore no resemblance to rosy official statements by U.S. military leaders about conditions on the ground.

Entering this deployment, I was sincerely hoping to learn that the claims were true: that conditions in Afghanistan were improving, that the local government and military were progressing toward self-sufficiency. I did not need to witness dramatic improvements to be reassured, but merely hoped to see evidence of positive trends, to see companies or battalions produce even minimal but sustainable progress.

Instead, I witnessed the absence of success on virtually every level.

My arrival in country in late 2010 marked the start of my fourth combat deployment, and my second in Afghanistan. A Regular Army officer in the Armor Branch, I served in Operation Desert Storm, in Afghanistan in 2005-06 and in Iraq in 2008-09. In the middle of my career, I spent eight years in the U.S. Army Reserve and held a number of civilian jobs — among them, legislative correspondent for defense and foreign affairs for Sen. Kay Bailey Hutchison, R-Texas.

As a representative for the Rapid Equipping Force, I set out to talk to our troops about their needs and their circumstances. Along the way, I conducted mounted and dismounted combat patrols, spending time with conventional and Special Forces troops. I interviewed or had conversations with more than 250 soldiers in the field, from the lowest-ranking 19-year-old private to division commanders and staff members at every echelon. I spoke at length with Afghan security officials, Afghan civilians and a few village elders.

I saw the incredible difficulties any military force would have to pacify even a single area of any of those provinces; I heard many stories of how insurgents controlled virtually every piece of land beyond eyeshot of a U.S. or International Security Assistance Force (ISAF) base.

I saw little to no evidence the local governments were able to provide for the basic needs of the people. Some of the Afghan civilians I talked with said the people didn’t want to be connected to a predatory or incapable local government.

From time to time, I observed Afghan Security forces collude with the insurgency.

Much of what I saw during my deployment, let alone read or wrote in official reports, I can’t talk about; the information remains classified. But I can say that such reports — mine and others’ — serve to illuminate the gulf between conditions on the ground and official statements of progress.

And I can relate a few representative experiences, of the kind that I observed all over the country.

In January 2011, I made my first trip into the mountains of Kunar province near the Pakistan border to visit the troops of 1st Squadron, 32nd Cavalry. On a patrol to the northernmost U.S. position in eastern Afghanistan, we arrived at an Afghan National Police (ANP) station that had reported being attacked by the Taliban 2½ hours earlier.

Through the interpreter, I asked the police captain where the attack had originated, and he pointed to the side of a nearby mountain.

“What are your normal procedures in situations like these?” I asked. “Do you form up a squad and go after them? Do you periodically send out harassing patrols? What do you do?”

As the interpreter conveyed my questions, the captain’s head wheeled around, looking first at the interpreter and turning to me with an incredulous expression. Then he laughed.

“No! We don’t go after them,” he said. “That would be dangerous!”

According to the cavalry troopers, the Afghan policemen rarely leave the cover of the checkpoints. In that part of the province, the Taliban literally run free.

In June, I was in the Zharay district of Kandahar province, returning to a base from a dismounted patrol. Gunshots were audible as the Taliban attacked a U.S. checkpoint about one mile away.

As I entered the unit’s command post, the commander and his staff were watching a live video feed of the battle. Two ANP vehicles were blocking the main road leading to the site of the attack. The fire was coming from behind a haystack. We watched as two Afghan men emerged, mounted a motorcycle and began moving toward the Afghan policemen in their vehicles.

The U.S. commander turned around and told the Afghan radio operator to make sure the policemen halted the men. The radio operator shouted into the radio repeatedly, but got no answer.

On the screen, we watched as the two men slowly motored past the ANP vehicles. The policemen neither got out to stop the two men nor answered the radio — until the motorcycle was out of sight.

To a man, the U.S. officers in that unit told me they had nothing but contempt for the Afghan troops in their area — and that was before the above incident occurred.

The bombshell isn’t that things aren’t going well in Afghanistan.  The bombshell is that this specific Lt. Col. went on record saying so.

But the reader would have already known many of these things by reading my categories on the horrible Afghan National Army and Afghan National Police.  I repeatedly called for chasing the insurgents, just like Lt. Col. Davis expected would happen, but General McChrystal withdrew troops to the population centers just like the Russians.  I said that al Qaeda and the Haqqani fighters would come back to the Pech River Valley, and they did.

Michael Yon and I have both called for withdrawal (me, because we have not and aren’t taking the campaign seriously).  But it’s significant that staff officers have begun to break ranks.  The campaign is not as advertised.  Regular readers already knew that.  Now staff officers are saying it.

The Ideological Taliban

BY Herschel Smith
14 years, 2 months ago

Now comes a good and well-informed article in the same spirit as our own articles on the Taliban, from Asian Correspondent.  Concerning the primarily Pashtun areas of Afghanistan and Pakistan, Ahsan Butt observes:

Isn’t it instructive that scholars who actually know the area, such as Ijaz Khan (University of Peshawar) or the oft-cited Farhat Taj, completely and unequivocally reject the Imran Khan thesis? This idea that the Taliban are somehow representative of the Pashtun nation, and are fighting and dying for them, is just silly.

Within the study of civil war in political science, non-state movements are generally divided between ethnically focused and ideologically focused. Obviously this is often a too-rigid categorization, but it’s useful because the two types of mobilizations often have different goals.

Those movements that are ethnically motivated are generally what we call nationalist movements. These tend to be focused heavily on a particular piece of territory, since group identity and territory have a very strong relationship. So if all xs are concentrated in region X, then it’s unlikely that the xs will launch a movement, violent or otherwise, in regions other than X. This is because (a) they don’t care about regions other than X; in fact, their mobilizations are often motivated by demanding increasing separation from X and non-X areas, and (b) there’s not enough xs in the non-X region for them to congeal in a movement worth worrying about. Examples include the Tamils in northern Sri Lanka or the Bengalis in former East Pakistan.

Those that are ideologically motivated tend to be focused on control of the state or political unit at large. They are not interested in controlling a sliver of territory, they are interested in re-orienting the state. The important thing to note is that granting a piece of territory to the agents of the movement is unlikely to satisfy them, since their movement is not based on the control of territory in the first place. Examples include the Communist Party of China or the various right-wing militias operating in Latin America during the Cold War.

This distinction matters because it gets at the heart of the debate on the war in Pakistan and whether it is worth fighting. If you believe that the Taliban and their local affiliates are nationalists, then it makes sense to give them control of various districts or maybe even a whole province, in the hope that that’s what they want, and will therefore cause them to stop mounting violent challenges to the state.

If you believe that the Taliban and their local affiliates are ideologues, then it doesn’t make sense to give them control of various districts because they will only use that control to consolidate their material capabilities to launch yet further assaults on the state and its citizens.

I wish we lived in a world where the Taliban were indeed nationalists because it would mean that there is fairly self-evident solution to the violence. Unfortunately we do not and there is not. Imran Khan, however, continues to believe that they are and that there is. Reasonable people can disagree on the extent to which force should be used, what type of force (air power vs shock troops vs full-blown incisions) is to be used, how negotiations should be constructed, which actors should be invited to the negotiations, and so on. But no reasonable person can believe that the “war can be ended in 90 days” or that the Taliban are likely to go quietly into the sunset if you hand over a bunch of territory to them.

Just so.  And it’s a mistake that has been made from the beginning, i.e., believing that this is some sort of classical insurgency/counterinsurgency campaign.  To be sure, there are still the so-called “ten dollar taliban,” but more and more we are finding that they fight for ideological reasons, not for a parcel of land to control.

If no involvement in the political system is sufficient solution to the immediate crisis, then that complicates matters indeed.  If they are somehow – gasp – ideologically aligned with the radical elements in al Qaeda, Haqqani, the various Kashmir groups, etc., then inviting them to the negotiating table is a ridiculous ruse trying to hide abject surrender and failure on our part.  And if this surrender obtains, then we will be worse off for our loss in Afghanistan.  But perhaps we’ve already discussed that.

Modified SWAT Tactics After The Death Of Eurie Stamps

BY Herschel Smith
14 years, 2 months ago

Let’s rehearse for a moment the details of the SWAT raid on the home of Eurie Stamps (completely innocent of any wrongdoing).  The SWAT team entered the home, and while one officer stumbled and fired his AR into the body of Eurie Stamps.  “Authorities say Duncan shot and killed Stamps, a 68-year-old grandfather, when he lost his balance and accidentally pulled the trigger.”  Stamps was prone on the floor when he was killed by the officer.

Sympathetic muscle reflexes and awful trigger discipline are to blame.

The term sympathetic contraction refers to the fact that an involuntary contraction may occur in the muscles of one limb when the same muscles in the other limb are performing an intended forceful action. In physiology literature this effect is known as a mirror movement, with the intensity of the sympathetic contraction depending on the amount of force exerted during the intended action. In policing, a common situation that may evoke such a sympathetic contraction would be, for example, a law enforcement officer attempting to restrain a struggling suspect with one hand while holding a handgun in the other.

The second scenario described by Enoka involves loss of balance. When balance is disturbed the human body evokes rapid involuntary contractions to return itself to a position of equilibrium. Thereby the involuntary contractions used to prevent a fall depend on the options available to counteract the disturbance of balance. Usually, compensatory movements following gait perturbations primarily involve correcting movements of the lower limbs to keep the body in balance, whereas movements of the arms are restricted to their extension forwards as a safeguard to counter an eventual fall. When an individual is holding a handle for support, there is, however, a tendency to use the arm muscles to maintain balance rather than the leg muscles. Under such circumstances the focal point of automatic postural activity is any contact point an individual has with his or her surroundings. In other words, if an individual’s posture is disturbed while grasping an object, for instance a handgun, he or she is likely to grasp it more forcefully.

Startle reaction, the third scenario identified by Enoka, is a whole-body reflex-like response to an unexpected stimulus, possibly a loud noise. It evokes rapid involuntary contractions that begin with the blink of an eye and spread to all muscles throughout the body. The reaction of the hands occurs less than 200ms after the stimulus and leads to individuals clenching their fists. Enoka concludes: “Accordingly, an officer who is startled by a loud, unexpected noise while searching for a suspect with his weapon drawn would surely increase the grip force on the weapon, perhaps enough to cause an involuntary discharge.”

A “investigation” occurred as part of the post mortem followup to this incident, and here is where it becomes really bizarre.

Police Chief Carl outlined the committee’s recommendations and the SWAT responses. One of the biggest policy changes is to the Policy of Firearms and Weapons, which will shift to “off safe,” meaning “only when the officer is ready to shoot does the weapon come off safe.”

When questioned by a member of the public about whether this policy would have prevented the death of Eurie Stamps, Chief Carl ultimately said yes, it would have.

Examination of the revised SWAT protocol yields no discussion whatsoever of any policy on whether an officer’s weapon is on safe or the circumstances under which he can change the state of his weapon.  Apparently this is a verbal directive, or tribal knowledge, but it’s not written down anywhere that can be readily found.

This resolution to the incident is obscene in the superlative degree.  It is well know among regular readers that I oppose SWAT raids for situations that don’t involve the commission of violent felonies (such as the acquisition of evidence regarding illicit drugs).  That evidence can be oftentimes obtained when residents are not in the home, and there is no need to place the residents in danger when there are other options.

But leaving aside that position, if they intend on conducting these stupid no-knock raids for drug evidence, they should do so with qualified personnel.  In this case the officer has no concept of trigger discipline, and shouldn’t even own a weapon himself, much less be trusted with one as a law enforcement officer.

And the review conducted as a result of this incident only continues the obscenity.  There is no discussion of trigger discipline, but discussion of keeping the weapon on safe during a raid, a policy which now endangers the lives of the officers.  If they confessed to awful trigger discipline, they would be admitting culpability in the death of Eurie Stamps.  As it is now, they can deflect this blame with ridiculous narratives about whether the weapon is “on safe.”

Summary: (1) They should be more judicious as to when they use SWAT raids, (2) their weapons shouldn’t be on safe, (3) law enforcement officers should understand their weapons and have good trigger and muzzle discipline, and (4) this revised directive is useful for no other reason than to deflect criticism.

The conclusion of this is as obscene as the beginning, where an innocent man died because a man who should be bagging groceries at the local store was stumbling with an AR towards a prone man and killed him.  And the local police department justified it all by implementing a ridiculous, sophomoric policy which won’t add any benefit, and probably will make things worse for the law enforcement officers.

Fail from front to finish.  Utter fail.

The Vote Pump: The Sound of the Republic Being Flushed

BY Glen Tschirgi
14 years, 3 months ago

Do yourself and the Republic a favor: find the time to watch the whole thing.

The Vote Pump

Beyond the overall point that Bill Whittle makes about the power of deficit spending to buy votes and ensure reelection of spendthrift politicians, this video by Whittle has a other worthwhile attributes:

1.  The video is an instant source of expertise on exactly what the numbers are in the Federal Budget, how much is being spent both in real dollars and as a percentage of the overall Budget.   We need this information as citizens and need to spread this information far and wide so the politicians have nowhere to hide.   These numbers are easily understood and give one of the best visualizations of the enormity of the debt problem we are facing.   The politicians in both parties are perversely determined to avoid making the spending cuts necessary because this video makes it abundantly clear that the size of the necessary cuts will be painful to many, many people.

2.  This video demonstrates the enormity of the Entitlement State. Notice that the actual dollars being spent on the so-called “discretionary” items in the Budget are relatively small compared to the enormous amounts needed to keep the Entitlement State (the so-called “mandatory spending”) afloat.    This is the A-1, Certified, Gargantuan, 16 trillion pound Gorilla in the room.   Democrats and Republicans can talk all they like about eliminating the Department of Education or cite the dollars spent on the Defense Department and foreign wars, but it is immediately obvious from this video that the real culprit in our insane Deficit spending is Entitlements.   The U.S. is borrowing over 40 cents of every dollar it spends and over 70% of that spending is going to Entitlements.

Yes, Federal agencies and departments need to be eliminated or severely cut back but those cuts will never be enough to take care of the Deficit problem.  Entitlements must be cut.

Note, too, that the cuts will have to occur now.   As much as I dislike Ron Paul’s rambling wreck of a foreign policy and his crazy, blame-America rants, he is one of the only politicians that is openly talking about reducing spending immediately in large amounts.   (Ron Paul falls off the rails, however, because he primarily talks as if cutting Defense spending will solve the problem whereas the video makes it clear that such spending is less than 20% of the total Budget).

If you listen carefully to every, other politician (including some of my favorites such as Rep. Paul Ryan of Wisconsin), they are all talking about cuts of $1 Trillion over ten years or more. That is only $100 billion each year.   Check the video and you will see that $100 billion is relative chicken feed against the enormity of the spending.  The U.S. literally cannot afford to take ten years to reduce this deficit.

This will require a fundamental change in the way Americans view the Federal government.   The vision of Franklin Roosevelt and JFK and Lyndon Johnson and, yes, George W. “Compassionate Conservatism” Bush has to be chucked in favor of States taking the primary responsibility for the welfare of their own citizens.   Such a change will require leaders who can give the public the truth about the nightmare we are facing.

3. This video shows how little it takes to actually run the Federal government. Take a look at the actual numbers cited by Whittle in the pie charts for Federal revenues.   He cites the total amount spent in Fiscal Year 2011 for the General Services Administration which is responsible for the assets and logistics of the Federal government.   That number is $700 million or 1/10th of 1% of the total Budget.   Until the last 100 years, the Federal government was able to function quite well without any personal income tax because the scope of the Federal government was something like 1/10th of 1% of what it is today.

The growth and increase in Federal programs, agencies, departments, jurisdiction and oversight in just 100 years is almost unimaginable.  Americans have been sold a bill of goods promising a utopian society where a big, central government could makes everyone happy, healthy, wealthy and wise.   It has taken 100 years to come to the realization that those promises were, however well intentioned, dangerous lies.

Concerning Declarations Of War And Tech Ninjas

BY Herschel Smith
14 years, 3 months ago

For more than a decade now we have been engaged in what we have called a global war on terror, which is an awful name for it since we cannot war against a tactic.  We have actually been engaged in a war with militant Islam, but since we don’t want to speak truth, we make up slogans that hide the truth.

Congress voted in both Operation Enduring Freedom and Operation Iraqi Freedom to give the President the authority to use force to effect our desired ends in those campaigns.  Call it what you will, these were declarations of war, albeit against a country in one case, and against a transnational religious insurgency in another case.  Actually, since Salafists of various stripes and other Islamic religious fanatics crossed the Jordanian and Syrian border to fight the U.S. in Iraq, at some 80 – 100 per month at the height of it, we have fought a transnational religious insurgency in both Iraq and Afghanistan.  In both cases the use of force was authorized by Congress.

But in any case, I have repeatedly called on the reader to study the first chapter of Robert Kaplan’s book Imperial Grunts, the chapter being entitled “Injun Country.”  It might disavow the reader of the notion that America was conceived or raised in military isolationism.  Nothing could be further from the truth.  I have also pointed out that from the very inception of the U.S. Marine Corps, before the effective date of the declaration of independence, the continental congress knew exactly what they were doing.  The model they followed was the British Marines, and the British Marines functioned as an imperial force.  This design was intentional from the beginning, whether the colonists (or readers today) knew it or not.

Daniel Trombly writing at Slouching Towards Columbia, does an outstanding job of filling in the details for us.  His post will be repeated at length.

The Constitution is not explicit that any kind of warfare must be validated by a Congressional declaration of war. Madison was quite clear that in a case where the United States was defending itself from attack, no declaration of war was necessary. This has been a decision constantly reaffirmed throughout American history, and the debates surrounding the drafting of that portion of the Constitution clearly reveal that the founders saw a distinction between declaring and making war, and explicitly did not require a Congressional declaration for America to make war, only to begin one where no hostile act had initiated it. In other words, beyond continued Congressional approval for whatever financing of the war effort is necessary, there is no requirement for a formal declaration of war for the United States to prosecute one should the war occur in reaction to the commencement of war by a hostile force.

The notion that drones are responsible for the “short-circuiting” of America’s process for going to war is illusory – particularly when the idealized version of warfare Singer describes was never the historical norm for the United States. Very few American wars have been fought with a formal declaration of war, including two of America’s earliest overseas conflicts.

Indeed, America’s flirtation with undeclared wars with broad Congressional mandates is obvious from the very historical existence of the phrase “Quasi-War,” describing US hostilities with France under the Adams administration. There, the US found it sufficient to pass a Congressional measure authorizing naval action against French ships. Lest anyone chalk this up to a mere outlying tendency in US politics, Adams’s political foe, Jefferson, continued and indeed expanded the trend significantly under his own administration.

Thomas Jefferson was eager to prosecute a war against the Barbary pirates, which had amorphous links to recognized political authorities. Yet Jefferson did not seek and Congress did not require a formal declaration of war against an enemy considered to be both hostis humani generis (hostile to all mankind, as most seafaring nations considered pirates) and engaged already in persistent hostilities against American civilian vessels. Congress passed a relatively broad mandate for military force, and Thomas Jefferson’s military proceeded to wage an undeclared war with amorphous boundaries against Islamic unconventional actors, along with the help of private mercenary armies. One can make arguments about why America should not prosecute undeclared wars, fight non-state actors alone, or use privately contracted military forces, but any appeal to the founding fathers is unconvincing at best and a cynical ploy at worst.

To blame drones for the trend of undeclared wars that has existed since America’s earliest years is grossly historically inaccurate. Not only does it completely fail to explain America’s participation in the Quasi-War, Barbary Wars, Indian Wars, and the several formally undeclared wars of the 20th century after World War II, it also fails to explain the conflicts which the United States has begun since drones existed. It is quite difficult to say there are any ongoing military campaigns which began or persist solely because of “risk free” drones. The broad authorization for use of military force which began the War on Terror and its “undeclared” nature has very little to do with drone technology, and more to do with the fact that the United States has never formally declared war on a non-state actor in its history. Even in areas frequently identified with drone warfare, such as the Horn of Africa, Yemen, and Pakistan, non-drone US interference has occurred at varying levels of frequency during the War on Terror.

[ … ]

As uncomfortable as it might make foreign policy commentators (sometimes myself included), the founders always recognized a difference between military operations involving sustained use of land forces and those involving a primarily maritime or over-the-horizon force. This distinction is quite evident in the American Constitution, which as any sea power booster will tell you, stipulates that while an army should only be raised temporarily, Congress must provide and maintain a navy. This distinction has carried throughout American history (Even in the case of the Posse Comitatus Act, only the US Army and Air Force are specifically excluded from intervening in domestic affairs. The United States Navy and Marine Corps are actually only excluded under an internal Department of Defense directive). The American imperative to keep sea lanes flowing freely and protect the sovereign rights of American vessels and citizens overseas has been a much stronger push for American military involvement than drones have been or ever will be.

Daniel focuses on the use of UAVs in his article, and I am completely uninterested in UAVs.  But his prose is on point concerning the use of military power throughout the nation’s history.  More specifically concerning drones, the policy makers and strategists seem to be under the magical spell of the tech ninja warriors who believe that we can engage in push-button war and win.

Drones were useful when engaging non-state actors who had little financing or technology.  As we have seen recently with Iran, nominal technology can shoot drones out of the air.  Pilots will always be needed to fly fighters, warriors will always need to put boots on the ground, and ships will always need to support troops closer than the 20 mile “beyond the horizon” that they want to avoid.  There is no answer to the costliness of war, and gutting defense spending to pay for entitlements won’t supply either with enough funding.  The cost for war-making won’t go away, and the appetite for entitlements only grows with more spending like an obscene addiction.

I have pointed out before that progressives have always wanted to make war differently, that they claim to support equality of the genders (in the face of biological evidence to the contrary), and that they claim to be neo-isolationist concerning the use of American military power.  But progressives don’t tell you everything.  They’re lying in most, if not all cases.

They also want to increase the size of special operations, and it is well known that the SEALs, Rangers, Delta and Force Recon don’t accept females – and for good reason.  But that doesn’t stop the progressives.  They want more of the same, they just want war to be clinical, rapid and clean.  It’s good enough to ensure that females are in the general purpose forces so that they progressives can claim to be morally superior.  The reality of females carrying a 120 pound kit like Marine infantry or Rangers isn’t discussed.  Since special operations is always under a cloak of secrecy, word of their work doesn’t usually get out.  The progressives like it that way.  They want to engage in war, they just don’t want the public to know about it, or Congress to get involved other than funding the war-making.  OPSEC and all of that, you know.  Shhhh …

This has always been true.  It is true now, and we see that the size of special operations is going to increase while the size of the so-called general purpose forces will decrease by some 15%.  In fact, they want virtual permanent deployment for some special operations.

The Pentagon is rushing to send a large floating base for commando teams to the Middle East as tensions rise with Iran, al-Qaeda in Yemen and Somali pirates, among other threats.

In response to requests from U.S. Central Command, which oversees military operations in the Middle East, the Navy is converting an aging warship it had planned to decommission into a makeshift staging base for the commandos. Unofficially dubbed a “mothership,” the floating base could accommodate smaller high-speed boats and helicopters commonly used by Navy SEALs, procurement documents show.

Special Operations forces are a key part of the Obama administration’s strategy to make the military leaner and more agile as the Pentagon confronts at least $487 billion in spending cuts over the next decade.

Lt. Cmdr. Mike Kafka, a spokesman for the Navy’s Fleet Forces Command, declined to elaborate on the floating base’s purpose or to say where, exactly, it will be deployed in the Middle East. Other Navy officials acknowledged that they were moving with unusual haste to complete the conversion and send the mothership to the region by early summer.

They have even taken one of the assets of the U.S. Marine Corps, an amphibious assault dock.  All the while, as the Marines continue to imagine that they will ever do a large scale, sea-based forcible entry again, they sink deeper into complete irrelevance in the twenty first century.  Visions of Iwo Jima dance in the heads of Marine Corps planners, while the real fight – the one the Marines should be leading – goes to what has effectively become another (secretive) branch of the service, SOCOM.

American history is replete with examples of warfighting without a formal declaration of war.  But the main focus has usually been the U.S. Marine Corps.  The strategic planners of the Marine Corps have lost their way, and continue to send Force Recon Marines into SOCOM rather than develop and enhance their own capabilities to conduct such operations.  They have even retired the only remaining asset in their air fleet that is capable of inserting Marines by fast-roping.  The V-22 cannot do that.  But when the final story is told, we will not be safer for creating another branch of the service, or for gutting military spending in favor of the tech ninja paradigm.  We will regret it.

Prior:

Expeditionary Warfare Category

Abolish SOCOM

Win Or Lose In Afghanistan?

BY Herschel Smith
14 years, 3 months ago

A note from an active duty Soldier and very loyal reader of TCJ.  I am withholding his name.

Herschel,

Pretty compelling stuff on your site of late. The Army is working the hell out of me lately and I don’t have the emotional energy to comment coherently on your site. But to you I’d like to suggest two things; Its not as easy as withdrawing and the regional  threats will all strengthen when we exit. We can “win” this Afghan thing if we, as a country chose to. We appear to have chosen not to win. Lots of the comment on your site is such un/ill informed crap; it drives me up a tree. After all this time can people still be so clueless?

Afghanistan has been 10 (going on 11) one year wars. Each year is tied to the other only in the vast funds expended and the incoherence of the strategy and execution of our warfighting and state department actions. Each year is a ridiculous, blind stab at something, anything to “win” the war without of course, actually war fighting at a scale that will in fact, win the war. Talk and more talk, money and more money, blood and more blood and nothing to show for it. The reality of this circumstance weakens me more than any tour of combat I’ve yet experienced.

I’ve no issue with your admonition that it is time to leave. I’ve believed that since 2006. But what I believe more is that our military, political and civil authorities must proclaim not simply that we cannot win, but that we refuse to win. And that knowing the outcome of walking away; are willing to ransome a future generation to warfighting at a bloddy scale that will make our 10 year efforts appear like so much playground proctoring. Anyway, Herschel, keep it up. I don’t know how you do it, but I’m mighty glad that you do!

Sometimes I wonder why I bother to write, but occasionally I receive letters like this one, and then I understand.  But the authorities admitting what we all know to be true won’t happen.  Furthermore, the highlighted sentence tells us – yet again – what I have tried to point out ever since I have been writing.

What the population-centric COIN advocates have not gotten, and will never get, with their claptrap about killing one insurgent and creating ten more, or killing one family member, even by accident, and create 100 insurgents (you take your pick of the cliche du jour), is that nothing can compare in its debilitating affects on the troops  – and thus the campaign – like what we’ve done, e.g., hand them immoral rules of engagement, talk about talking to the Taliban, talk to the Taliban, send billions of dollars into black holes, wander aimlessly in a strategic malaise with our head up our ass, set dates for withdrawal, declare that it will all be okay anyway, and so on and so forth the sad parade goes.

What does it take to lose a war?  Destroy morale with awful leadership.

The Texas Border Coalition On Border Security

BY Herschel Smith
14 years, 3 months ago

The Texas Border Coalition recently issued its report entitled Without Strategy: America’s Border Security Blunders Facilitate and Empower Mexico’s Drug Cartels.  The report makes some interesting observations, albeit sprinkled with odd and out-of-place assertions that have nothing whatsoever to do with border security.  But the basic conclusions fall short of crafting the grand strategy they seek.  Portions of the report are reproduced below (with running commentary).

The United States government spent about $90 billion over the past decade to secure the U.S.-Mexico border. The results are mixed, with apprehension rates up to 90 percent for undocumented persons seeking to cross the frontier between designated U.S.-Mexico border crossings, yet the Mexican drug cartels continue to enjoy commercial success smuggling more drugs than ever into the country through the legal border crossings.

A significant part of the $90 billion government expense has been the deployment of U.S. military forces, including the National Guard, to supplement Border Patrol and Customs and Border Protection forces on the Mexican border. A recent Government Accountability Office briefing on the costs and benefits of the Department of Defense role in securing the Southwest land border reported that DOD officials “are concerned that there is no comprehensive southwest border security strategy” and the National Guard’s role has been “ad hoc.”

The  military forces deployed to the border don’t “include” National Guard, it is comprised entirely by National Guard.  And as we have discussed before, the National Guard isn’t doing what the public thinks they are doing.

Unfortunately, I must report that “Armed does not always mean “armed” as most Americans would understand. There are various states of being “armed.” These are called “Arming Orders (AO)” which define where the weapon “is,” where the magazine “is,” where the bullets “are” and where the bayonet “is.” They start at Arming Order One which could best be described as a “show of force” or “window dressing” in the worse case.

After considerable searching, I was able to find a complete copy of the Memorundum of Understanding/Rules of Engagement pertaining to the National Guard Deployment (“Operation Jump Start”), which I could then review.

After reviewing the MOU/ROE, I contacted several senior “in the loop” National Guard Officers that I have previously served with, to determine how many soldiers would be “armed” and their Arming Order number. After confirming The El Paso Times article that “very few soldiers there would carry weapons,” I was advised that during the next 90 days, amongst the few soldiers that have weapons, no soldier will have an Arming Order greater than AO-1, which means that an M-16 will be on the shoulder, there will be no magazine in the weapon (thats where the bullets come from), and the magazines stored inside the “ammunition pouch” will in most cases have no ammunition, they will be empty.

It was also conveyed to myself that in the unlikely event that a soldier is ever harmed on the border, the Arming Order will not be raised. Every individual I spoke to envisions no circumstance where there will ever be soldiers at AO-3/4, where a magazine with ammunition would be immediately available. Instead the soldiers will simply be kept farther away from the border if needed. They will be deliberately kept out of harms way.

The National Guard has been “deployed” to the border to perform clerical functions and do overwatch and reporting.  The report does well to point out the high cost of deployment of these troops considering the very little that they have accomplished.  Returning to the report.

As the U.S. spent $90 billion seeking to secure the Southwest border, the Mexican cartels have continued to smuggle cocaine, heroin, and methamphetamine through the legal border crossings in California and South Texas, and marijuana between border crossings in remote areas of Arizona. They generally smuggle smaller loads of cocaine, heroin, and methamphetamine in non-commercial vehicles (cars, SUVs, and pickup trucks) to blend in with cross-border traffic. As the Mexican drug cartels flourish in the face of $90 billion spent to secure the border through which they conduct their trade, the U.S. continues to focus on border security tactics grounded in operation that began in the 1990s when an anti-immigration backlash fueled crackdowns code-named “Operation Gatekeeper” and “Operation Hold-the-Line.” Debates in Congress focus on building more fences and walls and whether to snuff environmental protections for public lands on the Southwest and Northern borders.

As reported by the Department of Defense and the Government Accountability Office, America’s border security effort lacks strategic direction and operates on an ad hoc basis. Without a strategy, America will continue to lose the border security war to the better financed, equipped, more mobile and agile drug cartels. Our national success depends on defining and executing a strategy to defeat the cartels attacking our nation.

The legal border crossings on the U.S. southwestern border have become America’s weakest border security link. Since the cartels choose to smuggle most of their products through the border crossings, a sensible strategy would be to attack their trade where it occurs and anticipate where their smuggling operations might move in response. Yet, the Department of Homeland Security has chosen to ignore these developments and refused to develop a strategy to confront them.

Budget forecasts by Department of Homeland Security officials suggest no new funding for border security infrastructure at the official border crossings for many years and personnel accounts will essentially remain static during that time. While new equipment may become available, some cannot be utilized because the electrical facilities at the border crossings are outdated and inadequate to support the expensive new tools. Congress and the Administration confront a choice when considering strategic directions for securing the U.S-Mexican border. At a minimum, the Texas Border Coalition recommends that Congress and the President have a strategy rather than addressing this challenge ad hoc.

The strategic paths forward offer a choice between closing the gaps between the border
crossings, where criminals face a 90 percent likelihood of apprehension, or addressing the inadequate infrastructure, technology and law enforcement personnel at the southwest border crossings where criminals are less challenged by an apprehension rate of merely 28 percent.

The Texas Border Coalition suggests that the only reasonable path forward is to refocus our border security priorities where our nation is most vulnerable: at the legal border crossings. Spending additional billions of dollars on more Border Patrol agents, fencing-walls or exempting the Border Patrol from the rule of law should be lower priorities compared to making the official border crossings functional in securing our borders.

To choose the other path and continue to fight the border security war where it has been won (between the border crossings) and to continue to surrender the war where we are losing (at the border crossings) is to threaten our national and border security and resign our nation to defeat.

This document is focused on the security aspects of border strategy, especially as they related to Mexican drug cartels. There are additional benefits to improving the security at America’s border crossings, including facilitation of legitimate trade and travel with Mexico, providing a major benefit to the American economy and jobs.

U.S. manufacturers and consumers depend on ready access to Mexican markets and goods. U.S. exporters serve the Mexican market and profit from foreign sales. Border region businesses in Arizona, California, New Mexico, and Texas tie their livelihoods to trade and create jobs for American workers. Mexico is America’s third largest trading partner behind only Canada and China.

U.S.-Mexico trade totals $400 billion, a nearly fivefold increase since the enactment of the North American Free Trade Agreement (NAFTA), with most goods crossing via commercial truck. More than 13,000 trucks bring over $630 million worth of goods into the U.S. from Mexico every day. U.S. exports to Mexico total $163 billion.

As a matter of general strategy, America cannot solve our budgetary problems solely by cutting expenses. We must increase our revenues. Making our border crossings more efficient in conducting legal trade with both Canada and Mexico will increase our national revenues and give us the resources to fight the other problems we face in our borders.

Take careful note of the trade imbalance.  The report has turned the horrible loss to our economy into a supposed boon if we control the legal border crossings better than we currently do.  But a trade imbalance as large as this isn’t good for the economy.  Further facilitating this trade imbalance may be the raison d’être for the grand strategy they recommend, but it falls far short of being a compelling reason to implement any of their recommendations.

Also, the report seems to downplay the very real problem of border insecurity at locations other than official border crossings.  But the Arizona ranchers might not be so impressed by the coalition’s claim that the border war has been won except for the crossings.  There is still a very real problem, and any diminution of that problem of late has only to do with an ailing American economy rather than any success by U.S. law enforcement.  Finally, to state flatly that “America cannot solve our budgetary problems solely by cutting expenses. We must increase our revenues,” is out of place and irrelevant.  It is a value judgment rather than a statement of fact.  It detracts from the supposed seriousness of the report.

However, the coalition’s focus on the official border crossings does have merit, and the crossings played a role in our own previous recommendations.

  1. Searching every vehicle that crosses the border checkpoints.
  2. Increased sting and undercover operations by law enforcement to root out corruption.
  3. Sending the U.S. Marines to the border to (a) construct and occupy combat outposts and observations posts, (b) conduct regular foot patrols of the border, and (c) be allowed (by the U.S.) to cross the border if necessary to chase Mexican insurgents.
  4. Taking Congressional action to remove legal requirements such as the SCOTUS decision in Tennessee v. Garner, thus allowing the Marines to conduct combat operations at the border rather than law enforcement operations.
  5. U.S. Special Operations Forces raids against Mexican cartel high value targets inside of Mexico (with or without the permission of the Mexican government, unilaterally, and without Mexican involvement).

The coalition’s report has made the mistake of making this an “either-or” choice rather than what it needs to be, “both-and.”  While we’re engaging in debates about grand strategy, it’s important to note the state of affairs at the border again.

A federal grand jury in Laredo, TX, convicted a Zetas-linked “hitman” on a raft of conspiracy, racketeering and weapons charges on Jan. 25, after hearing testimony that outlined activities of the gang’s vicious assassination cells on both sides of the southern border.

Gerardo Castillo-Chavez, also called “Cachetes,” a native of Tamaulipas, Mexico, was convicted on all the counts against him, including conspiracy to possess with intent to distribute controlled substances, interstate travel in aid of racketeering (ITAR), and possession of a firearm in furtherance of a drug trafficking crime or a crime of violence.

Castillo-Chavez’ trial began on Jan. 17 with jury selection and the verdicts were reached after four-and-a-half days of trial testimony and six hours of deliberation, said the FBI in a Jan. 25 statement.

Castillo-Chavez and 33 others  were charged in Feb. 2010 with 47 counts of conspiracy to kidnap and murder U.S. citizens in a foreign country, drug conspiracy, kidnapping conspiracy, firearms conspiracy, money laundering conspiracy, use of juveniles to commit a violent crime, accessory after the fact, solicitation, as well as substantive money laundering, drug trafficking, and ITAR charges.

As to tactics, “Witnesses, including a federal informant and former Zetas operatives, offered a dramatic and sometimes gruesome peek into the inner workings of the cartel’s drug-smuggling operations in Mexico and the U.S.

Among the most grisly testimony: new cartel recruits were trained to kill at a camp near the small Mexican town of San Fernando, where the remains of 200 bodies were unearthed last year.

The informant testified that would-be hit men were ordered to kill people — sometimes with machetes and sledgehammers — as a way to test their mettle.”

In all, 34 killers (in this one instance) were released to the U.S. to conduct operations on the U.S. side of the border.  This is a stark reminder that there is little time left.

Prior:

Losing the Border War

Threat Assessment: Transnational Jihadists and Mexican Cartels

Legalization Of Drugs Won’t End The Border War

Border War

Texas Border Security: A Strategic Military Assessment



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