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]

Gates Pushing for Lame Duck Ratification of START Treaty?

BY Herschel Smith
15 years, 5 months ago

Mr. Obama has stated that we wants the lame duck Congress to ratify the START treaty.  A commenter at NRO’s Corner observes:

The Russian Duma’s Foreign Affairs Committee just today revoked its previous ratification of START, citing amendments made by our Senate stipulating that the treaty does not cover missile defense systems or ballistic missiles with conventional warheads.

Hopefully this will increase the likelihood that the treaty is not ratified, but regardless, it shows how unacceptably sweeping, burdensome, and one-sided the Russians intend and expect it to be on our systems.

Then again, given the horrible panic that besets this administration, it’s entirely possible that this lame duck Congress will undo the stipulations they have placed on the treaty.  Frank Gaffney weighs in with his own views of START.  John Bolton also has salient points.  Suffice it to say that the case is clear and simple.  Nuclear weapons have contributed more to the safety and health of the public and general peace among nations than anything in the second half of the twentieth century.  Without them, hundreds of thousands and perhaps millions of people would have died in wars of all types.

But now Secretary Gates has hopped on the band wagon.

Pentagon spokesman Geoff Morrell told reporters Gates joined Obama and Clinton in urging the Senate to approve the treaty during the lame-duck session, but denied that the appeal was being made “because of some political calculus that it may stand a better chance of passage during that time.”

“I think we’re advancing it at this time and pushing for ratification because we need this and we need it sooner than later,” he added.

No political calculus.  Right.  The most damning part of Gates’ participation in this defense debacle is that his counsel directly and profoundly contradicts the counsel of his own Department of Defense when applying the best military analysis to the circumstances.

This is a sad sellout.  I am very disappointed in Secretary Gates, and I simply cannot understand why he would be taking such a dangerous position.  I would resign before jumping in bed with START.  But I am not Secretary of Defense, and Mr. Gates will answer for his own actions.  To whom much is given, much is required (Luke 12:48).

Prior:

An Aging Nuclear Weapons Stockpile

Sounding the Nuclear Alarm

Obama Reverses Nuclear Weapons Rhetoric

India: America’s Natural Ally

BY Herschel Smith
15 years, 5 months ago

More than two years ago when I (correctly) outlined the Taliban strategy for attacking lines of logistics, Steve Schippert and I were discussing (via e-mail) one potential alternative to my recommended logistical line through the Caucasus, namely India, from port (there are several capable of handling the flow of supplies) to Kabul, admittedly across terrain that is both Pakistani and Pakistani-claimed portions of Kashmir.  Nonetheless, if we were serious about the campaign in Afghanistan, it was an option if combined with strong political and military pressure on Pakistan to accept such an arrangement.  Furthermore, it would have been more conducive to security than the existing lines through Torkham and Chaman have been.

But partnership with India would serve many more useful purposes than mere logistics.  Austin Bay weighs in.

President Barack Obama’s looming post-election state visit to India is another indication of evolution and maturation — the incremental but genuine change measured in decades that marks the coalescing of U.S. and Indian global interests.

Media coverage has thus far portrayed the trip as either a presidential escape from an anticipated midterm electoral defeat or a multibillion dollar weapons-peddling expedition with the president as salesman in chief.

These near-term interpretations both contain a grain of truth, but they shouldn’t obscure the truly compelling story: the great U.S.-India rapprochement is one of the early 21st century’s major historic events. To illustrate, let’s go to the 21st century map of India, and view it and President Obama’s visit from the perspective of a Chinese admiral sitting in Beijing.

The Indian subcontinent physically dominates the Indian Ocean. China, seeking to assure a steady supply of raw materials and energy for its expanding economy, has invested a lot of time and money in Africa and the Middle East. Tankers carry oil from Sudan and merchant vessels cobalt from the Congo to Chinese ports. These ships pass through waters patrolled by the Indian Navy, which is a rather formidable and increasingly modern force.

Our Chinese admiral knows his history. China’s 1950 invasion of Tibet riled India. China’s military support of Pakistan and its clandestine encouragement of Pakistan’s nuclear weapons program also irritate New Delhi. In 1962, India and China fought the Sino-Indian War along their Himalayan frontier. That war remains something of a “frozen” conflict politically, and given the altitude, literally. Despite negotiations, the border dispute is not quite resolved.

Should another conflict erupt, the Indian Navy is positioned to damage if not strangle China’s economy. Moreover, India just might have America on its side. For over two decades, American strategists have touted the logic of an Indo-American alliance based on linguistic and cultural connections, accelerating economic cooperation and — well, here’s the gist of it — an increasing interest in curbing Chinese hegemony in Asia.

Sept. 11 and Islamist terrorist attacks in India forge another common cause. As for mutual economic interests, an Indian technician fixing an American computer from a call center in Bangalore is a telling indicator. The Indian government, unlike China’s, does not fear global connectivity.

Chinese admirals aren’t the only ones who see the implications of this strategic merger. Diplomats in New Delhi and Washington are quite aware of it.

Mention “alliance” and the U.S. in the same sentence, however, and India’s left-wing parties go berserk. Indian ultra-nationalists who still rail about British colonialism remain deeply suspicious of political entanglements with the U.S. — though there seems to be little objection to cooperating with other former British colonies like Australia and Singapore.

So “alliance” is a word Indian and American diplomats intentionally avoid. Three years ago, I interviewed James Clad — at the time the Department of Defense’s deputy assistant secretary for South and Southeast Asia — about the prospects for a formal U.S.-India defense alliance. Clad demurred. “We’re not looking for an alliance with anyone. … It (the word “alliance”) sends a wrong signal,” for alliances “figure a real or potential opponent.” It was a deft answer. Why provoke the Chinese admiral?

Clad now teaches at the National Defense University. This past week, he told a Reuters reporter, “The maturation of U.S.-India defense ties is steady … .” That was another deft answer, and accurate.

The relationship between India, the developing giant, and the U.S., the developed giant, is maturing — and Obama’s presidential visit is part of this long, involved and delicate diplomatic process that began developing as the Cold War ended. It is in both India’s and America’s long-term interest that this process continue.

Mr. Bay has it right concerning the natural ally that India makes, but he is wrong about Mr. Obama’s visit to India.  This visit is entirely in response to the poor mid-administration elections, and if the elections had gone differently he would have been stateside preening and pushing his agenda forward.  Don’t doubt it for a second.  Truth be told, India should be rather offended that this is Mr. Obama’s rebound choice rather than being an initial focus when he took office.

Michael Yon is wiser, more measured and less fawning:

After much travels through India, I believe we are natural allies. We have much to learn and gain from each other. India and the United States should do what is natural. We should deepen our ties. Our relationship must be sincere and bonded.

And again:

Why should we want an even playing field between India and Pakistan? Pakistan exports terrorism. India does not. Pakistan is sliding backward. India is moving forward. India is a natural partner with the United States. Pakistan will stab us in the back.

Well, and indeed has stabbed us in the back many times.  Pakistan is an unnatural ally.  More to the point, Pakistan is no ally at all, and the tenuous relationship is founded upon largesse.  A relationship with India would be natural.  In fact, a reciprocal defense relationship (i.e., U.S. comes to the aid of India, India does the same for the U.S., weapons and intelligence is shared, etc.), is the only solution to Chinese regional hegemony.  A security agreement with India would be in my estimation far more valuable than even the relationship we currently have with NATO.

Mr. Obama’s trip to India, which stupidly and arrogantly  involves a platoon of Marines in the Taj Mahal, is only significant in its usurpation of India for a “feel good” drug after a poor election cycle.  India deserves more respect than that, and the U.S. deserves a President that will understand allies and enemies for who they are.

Afghan National Security Forces: Promise or Problem?

BY Herschel Smith
15 years, 6 months ago

Jim Foley gives us a little room for hope in the Afghan National Army.

… this was the first time the Afghans attached to HHT 1-75 had decided they were going after a bad guy.  It shows the importance of getting native soldiers who can speak the language and know the culture, off the Forward Operating Bases and out into the problem towns etc.  Captain Krayer said it was the first patrol the ANA had gone on without the U.S.  Also the first one they’d acted on their own intelligence gathering.

I’ve seen U.S. forces try to place Afghans in critical areas in Kunar and down in Kandhar after larger offensive operations.  In most cases the ANA/ or Afghan Police failed to hold the area- following Eagle Strike in Kunar the ANP supposedly abandoned their positions after a few weeks.  And in one of the most contested clearing operations in a heavily IED-ed strip called Macwan here in Kandahar, where two U.S. have been killed and many more wounded, the ANP are still dragging their feet on putting up an outpost.

Still, I can’t forget the speed and control the ANA were able to use in apprehending the suspects.  Some U.S. guys later joked they still would be out there trying to blow through grape walls if it had been done jointly.  The U.S. would surely have done it safer, but probably wouldn’t have been able to identify the suspects, much less nab them.

Read Jim’s entire writeup.  In this case the ANA showed some promise.  In other areas, the ANP is showing how bad things are in parts of the Afghan National Security Force.

An Afghan police unit cut a deal with insurgents to torch their own police station and defect, government officials said yesterday, in a bitter parody of the Government-led effort to bring rebel fighters in from the cold.

The incident triggered hours of pillaging as insurgents swept into a remote district south-west of Kabul, burnt government buildings, stole weapons, food and pick-up trucks, and escaped along with 16 policemen who were in on the plot. Nato and Afghan forces re-took the district in the volatile province of Ghazni the same morning.

The reintegration programme, one of the main planks in the Government’s efforts to make peace with the Taliban, offers low-level fighters amnesty and vocational training if they switch sides-or rejoin the “national mainstream”, in President Hamid Karzai’s words.

The programme has met with some success: yesterday 15 insurgents in western Afghanistan handed over their weapons and promised to lobby other insurgents to do the same.

But despite pledges from the international community of millions of dollars to the programme, there have been consistent reports of promises of training and support being broken. And many potential defectors are thought to be too scared of Taliban retribution, and doubtful of the Government’s ability to protect them, to make the change.

In Ghazni, provincial governor Musa Khan Akbarzada said that police stationed in Khogyani had handed over the district to the militants without a shot being fired, contradicting some earlier reports that the rebels had seized the area by force. When coalition forces arrived three hours later the attackers simply melted away.

A Taliban spokesman claimed that the police had switched sides after “learning the facts about the Taliban,” according to The New York Times.

“We never force people to join us,” he said. “The police joined us voluntarily and are happy to work with us and to start the holy war shoulder to shoulder with their Taliban brothers.”

Some news articles are focusing on astoundingly stupid things like whether ANP stations are being constructed according to seismic design criteria (yes, seriously).  Still short of answering the all-important question of whether the stations are able to withstand earthquakes, there is the question of whether the ANP should even be there.  If they are loyal to the Taliban (or only to themselves), then they have no business being employed.

And that’s the root of at least one problem.  The U.S. has made it clear that we want more ANP, even more than doubling the current size.  I advocate exactly the opposite approach.  We need a smaller Afghan National Security Force, both ANA and ANP.  Since the U.S. controls the purse strings, it doesn’t work to say that we don’t have authority over this process.  That “dog won’t hunt.”

We need a smaller, more reliable, well trained, force that will do the things that Jim Foley observed, and even more efficiently.  U.S. troops should be working hard to ferret out those who will and those who won’t, send home those who won’t, and give the extra pay to those who will.  Incentive is a common motivator for all mankind.

Ganjgal Ambush Congressional Probe

BY Herschel Smith
15 years, 6 months ago

From the Marine Corps Times:

A member of the House Armed Services Committee is calling for the Army to divulge what punishment three officers received for failing to respond adequately to an ambush in Afghanistan that killed five U.S. troops.

Rep. Walter Jones, R-N.C., asked Army Secretary John McHugh to explain the “consequences” the Army officers faced following a joint Army-Marine investigation of the Sept. 8, 2009, ambush near the village of Ganjgal, he said in an interview with Marine Corps Times.

Army Lt. Col. Anne Edgecomb, a spokesman for McHugh, declined to comment on what punishment was delivered, but said the Army planned to respond to Jones’ inquiry.

“Clearly, the deaths at Ganjgal were tragic,” she said. “But as is standard practice in the Army, we apply the lessons learned from all reviews and investigations … to prevent repeating mistakes of the past.”

The attack occurred as 13 U.S. military trainers and about 80 Afghan security forces made an early-morning trip to the remote village in Kunar province to meet with village elders.

Three Marines and a Navy corpsman were found shot to death and stripped of their gear and weapons in a ditch after being pinned down for hours, without air and artillery support, by more than 100 insurgents wielding rifles and rocket-propelled grenades, according to witness statements obtained by Marine Corps Times. A U.S. soldier wounded in the ambush died the following month at Walter Reed Army Medical Center in Washington.

“I believe that they are seriously looking into the facts as to what happened during that fight,” said Jones, who served in Congress with McHugh, a former New York representative. “I have a great respect for Secretary McHugh, and I believe he will get to the bottom of it, and once a decision is made … he will release his findings.”

Two investigations were launched following the Ganjgal attack. The first was headed by an Army major in the first days after the attack. The second, in November, focused primarily on command-post failure, and was overseen by Army Col. Richard Hooker and Marine Col. James Werth, military officials said. The colonels found that there was a failure of leadership in the operations center, and that the troops on the ground were promised air and artillery support before the mission if it became necessary.

The investigating colonels recommended that three Army officers — likely captains or majors — receive letters of reprimand for failing to provide adequate support from a nearby operations center at Forward Operating Base Joyce. The officers were part of Task Force Chosin, an Army unit comprising soldiers from 1st Battalion, 32nd Infantry Regiment, 3rd Brigade Combat Team, 10th Mountain Division, out of Fort Drum, N.Y.

… the reprimands (Editorial Note: For the Wanat engagement, not Ganjgal) were rescinded in June by retiring Gen. Charles Campbell, who commanded U.S. Army Forces Command, out of Fort McPherson, Ga. He shared his decision with the families of the dead soldiers June 23, and the meeting ended abruptly when several of them walked out angrily, family members told Army Times.

Regular readers know my position on this ambush.  I had predicted that no investigation would find that General McChrystal’s tactical directive and associated guidance played a role in the lack of fire support during the engagement.  I had (correctly) predicted that the field grade officers involved in this incident should watch their six.  I also don’t see much value to the AR 15-6 investigation into the ambush.

But I maintain one fact.  McChrystal’s rules of engagement was directly responsible for three Marines and one Navy Corpsman perishing that fateful day.  Their blood is on his hands.

The Marine Corps Times has apparently obtained witness statements, and I have requested them but have not yet received any word concerning the statements.  The next step will be a contact to Representative Walter Jones.  We’ll eventually have full disclosure on the circumstances surrounding these deaths.

Prior:

Taliban Ambush in Eastern Kunar Kills Four U.S. Marines

More Thoughts on Marines and Rules of Engagement

AR 15-6 Investigation of Marine Deaths in Kunar Province

Taliban Turning the Tables on Special Operations Forces Night Raids

BY Herschel Smith
15 years, 6 months ago

From The Guardian:

Taliban commanders claim they are foiling intensified night-time attacks by elite troops that Nato officials hoped would bring the insurgents to the negotiating table in Afghanistan.

Officials say a fivefold increase in “kill or capture” raids and escalating airstrikes are putting the Taliban under unprecedented pressure and prompting some rebel groups to seek a ceasefire.

Insurgent commanders from Helmand and Kandahar, interviewed in Kabul, say the effectiveness of Nato special operations forces has diminished.

“In the past year they have had a lot of successes with these operations, but now we have got used to it and changed our tactics,” said the commander of a group of 50 men in Dand, Kandahar province.

“At night we have two people in every village who do not go to sleep – if they hear the helicopters, we contact each other before they arrive.”

Another commander, now based in Marjah, a rural area of Helmand that US marines are struggling to subdue, had a similar story.

“In spring they came to try to arrest me, but when the helicopters landed we were called by other bases and we quickly ran away from the house,” he said. “They took two men but two days later they were released.”

Coalition officers concede their targets often get away. A senior officer from Nato’s International Security Assistance Force (Isaf) said in 25% to 50% of raids the soldiers found their prey had escaped.

“We know they have tippers: you go to a place and you get three guys but the real guy has snuck out the back door,” the Isaf officer said.

Analysis & Commentary

The Taliban have stolen a page from the U.S. Marines with guardian angels watching over their people.  They can do this ad infinitum.  Sleep rotation doesn’t harm anyone in the group, and if the Taliban can thwart half of the raids with a technique as simple as this, they will keep doing it while they also develop other solutions to their problem.

Recall from High Value Target Campaign is Failing in Afghanistan, NCO DirtyMick observed:

When I was recalled from IRR to active duty in Kunar Province for 10 months this year with a PRT as an 11Bravo NCO, “Big Army” caused major problems when 2/12 Infantry pulling out of the Korengal right when the spring offensive kicked off and combined with cherry Battalions (1st and 2nd Battalion 327 Infantry 101st Airborne) conducting a RIP caused needless deaths. Sigacts in the Pech River Valley went through the roof and pretty much everything north of Asadabad was a nightmare because the Taliban believed this was a victory. In my opinion as an NCO in order to conduct a proper counter insurgency you need to kill taliban, hunt them down where they congregate and lock down areas. There should be no reason every time a patrol goes through Matin Village in the Pech it gets into a firefight. You take a rifle company and clear that village by going door to door. When we had an IED problem you establish a curfew and nobody is allowed on the MSRs past 2100. If you are you get detained or killed. You can have ODA do raids all you want on HVTs but until you start having line platoons go out actively killing scores of Taliban it’s not going to matter. You can kill a senior Taliban leader in Kunar but in the end you’re still going to have platoon or two platoon plus size elements of Taliban attacking army convoys. The 327 did that over the summer when a battalion went in and cleared out the Marawara district but more needs to be done.

The reason that the SOF troopers have to drive so far to work is that … ahem … they don’t live among the people.  I think I’ve heard something before about having to commute to the fight and how, you know, it’s a bad thing.  Yes.  I’m sure that I have.  We are misusing our resources, and we cannot possibly win this way.

Favre Out, NFL Commissioner Has Lost Control of the Game

BY Herschel Smith
15 years, 6 months ago

I just saw some of the most vicious head-to-head contact in professional football I have ever seen, and I have been watching for a very long time.

Brett Favre is now out of the game, and it looked to me like he has some serious chin problems, perhaps a broken jaw.  If not, he is at least in some serious pain, with many medical procedures coming his way.

If the NFL commissioner doesn’t throw the perpetrator out for the season, the rules are meaningless.  The players may as well come to the game with clubs, brass knuckles and knives.

Let’s see what Roger Goodell does.  He will be taken seriously or he will beclown himself with rules that no one obeys.

General Anthony Zinni on the Rules of Engagement

BY Herschel Smith
15 years, 6 months ago

General Anthony Zinni on the rules of engagement:

Soldiers fighting in Afghanistan believe their rules of engagement are too restrictive and hand the enemy an unfair advantage, a retired US Marine Corps general says.

General Anthony Zinni, a former commander of US central command and now US head of defence company BAE Systems, said he believed concerns about restrictive rules were coalition-wide.

This is an issue touched on by an unnamed Australian soldier in an email complaining about the adequacy of support provided to troops in a major fight with insurgents on August 24 which claimed the life of one digger.

“Everyone is too scared about collateral damage,” he wrote.

General Zinni, in Australia for a strategic leadership forum, said concerns about the rules had been conveyed by coalition and US soldiers, including his own son, a marines (sic) officer in Afghanistan.

“There is a strong sense in on the ground by the company commanders and platoon commanders that the rules of engagement are too restrictive,” he told reporters.

“They result in more casualties. They don’t allow for the kind of immediate engagement. The enemy understands these rules of engagement and manipulates them.”

Rules of engagement apply to all coalition troops in Afghanistan and dictate circumstances in which they can open fire or resort to certain weapons.

Following a series of air and artillery strikes which resulted in civilian casualties, the rules were tightened to limit use of heavy weapons against civilian compounds, even if insurgents were firing from them.

General Zinni said that meant a request for an air or artillery strike needed to be cleared at multiple levels, wasting time, with many missions refused.

He said that reduced troops to using direct fire weapons, just the same as the enemy, with engagements lasting longer and increasing the danger to nearby civilians.

You mean that there are unintended consequences to the rules of engagement?  You mean that they don’t really do what they are purported to do?  Hmmm …  who could have guessed that?

High Value Target Campaign is Failing in Afghanistan

BY Herschel Smith
15 years, 6 months ago

From Greg Miller with The Washington Post:

An intense military campaign aimed at crippling the Taliban has so far failed to inflict more than fleeting setbacks on the insurgency or put meaningful pressure on its leaders to seek peace, according to U.S. military and intelligence officials citing the latest assessments of the war in Afghanistan.

Escalated airstrikes and special operations raids have disrupted Taliban movements and damaged local cells. But officials said that insurgents have been adept at absorbing the blows and that they appear confident that they can outlast an American troop buildup set to subside beginning next July.

“The insurgency seems to be maintaining its resilience,” said a senior Defense Department official involved in assessments of the war. Taliban elements have consistently shown an ability to “reestablish and rejuvenate,” often within days of routed by U.S. forces, the official said, adding that if there is a sign that momentum has shifted, “I don’t see it.”

One of the military objectives in targeting mid-level commanders is to compel the Taliban to pursue peace talks with the Afghan government, a nascent effort that NATO officials have helped to facilitate.

The blunt intelligence assessments are consistent across the main spy agencies responsible for analyzing the conflict, including the CIA and the Defense Intelligence Agency, and come at a critical juncture. Officials spoke on the condition of anonymity because they are not authorized to discuss the matter publicly.

Gen. David H. Petraeus, the top U.S. commander in Afghanistan, has touted the success of recent operations and indicated that the military thinks it will be able to show meaningful progress by the December review. He said last week that progress is occurring “more rapidly than was anticipated” but acknowledged that major obstacles remain.

U.S. intelligence officials present a similar, but inverted, view – noting tactical successes but warning that well into a major escalation of the conflict, there is little indication that the direction of the war has changed.

Among the troubling findings is that Taliban commanders who are captured or killed are often replaced in a matter of days. Insurgent groups that have ceded territory in Kandahar and elsewhere seem content to melt away temporarily, leaving behind operatives to carry out assassinations or to intimidate villagers while waiting for an opportunity to return.

Analysis & Commentary

Say it ain’t so?  The high value target campaign conducted by special operations forces is failing in Afghanistan?

Ten months ago I said:

SOF troops come in the middle of the night and kill high value targets (always members of some one’s family), disappear into the night, and leave the GPF to explain the next day why it all occurred.  It’s horrible for the campaign, bad for morale within the GPF, bad for maintenance of capabilities within the GPF, and bad for the overall qualifications of SOF and SF.

Three months ago I gave the counterexample to this bad policy:

The same people who ordered the strike were there to explain it in the morning, just as I suggested should happen.  The same people who fight by night are there for the locals to look at in the morning.  And look into their eyes.  If they see cut and run, they will side with the insurgents, or someone else, whomever that may be.  If they see victory and determination, they will side with the stronger horse.  We need to be the stronger horse.

Seven months ago I said:

Ending the silly high value target campaign (capturing mid-level Taliban commanders, only to release them 96 hours later) won’t end unintended noncombatant casualties.

Four months ago I said:

We have discussed the issue of a campaign against high value targets conducted by SOF.  I don’t believe in it.  I don’t think it works to curtail the insurgency.  But besides considerations of the utility of the strategy (and it is a strategy, not a tactic), there is the issue of maintenance of troop morale.  McChrystal set up a military cultural milieu in which direct action kinetics was relegated (or reserved) to SOF, while the so-called general purpose forces were essentially told to be policemen, and given rules of engagement that are more restrictive than those for police departments in the U.S.  Nothing McChrystal could have done would have worked so thoroughly to bust troop morale.  McChrystal’s vision is why he worked so poorly with the Marines and within the context of the MAGTF.  The Corps doesn’t buy into McChrystal’s bifurcation, and (properly) wants more control of goings-on within their battle space than McChrystal was willing to give them.

And finally, six weeks ago I said:

I continue to advocate reassignment of SOF to be matrixed directly to infantry (their skills could be put to good use), and I continue to advocate the ideas that the HVT campaign did not work in Iraq, is not working in Afghanistan, and will not work anywhere. You may disagree, but you must give me data that shows the effectiveness of this strategy.  I have yet to see any such evidence.  And as for the use of the term “strategy” to define this approach, it’s exactly in line with the facts.  Our strategy in Afghanistan at the present seems to be use of the GPF for force protection for logistics, medical personnel and air power, while the SOF boys take out leaders.  Pitiful strategy, this is.  If we cannot do any better than that we need to come home.

In fact, some two years ago I received a communication from a SOF commander who told me that the high value target campaign wasn’t working.  He told me, with some chagrin, that killing a mid- or even high-level Taliban commander only had an effect on the insurgency for a few days to a few weeks, and then only locally, and that it took only days for them to appoint new commanders.

Our so-called general purpose forces have been relegated to policing the population, while direct action kinetics are being done by the special operations troopers against high value targets.  This is our current strategy – not tactics, but overarching strategy.  It hasn’t worked in Afghanistan.  It didn’t work in Iraq.  It won’t work anywhere, any time.

The Taliban will be corralled when we kill enough of the low level fighters that it makes joining their cause inadvisable and unattractive.  Then, the leaders will be made irrelevent.  This requires counterinsurgency warfare, not policing and counterterrorism by SOF troopers by raiding high value targets.

So why do we have Pentagon strategists still surprised at the fact that this strategy doesn’t work?  Is this all they have in their bag of tricks?  Really?  Have they bet the campaign on this strategyReally?

UPDATE: Thanks to Glenn for the link.  Michael Ledeen responds, quite sensibly, that the HVT program can’t exist and be successful on its own.  It needs all of the other aspects of the campaign.  Ever the thinking man and scholar, Jim Hanson responds: “Dude it is well past time for you to STFU! This is quite possibly the most arrogant bit of garbage from an amateur wannabe I have ever seen. Who the fuck do you think you are? Jesus it is annoying and ridiculous to see someone with a junior high level of understanding opining as if people who actually know what they are talking about ought to listen.  You need a big steaming cup of humility and a new hobby.”

And in the interest of openness and giving all points of view, there you have it.

UPDATE #2: A well meaning reader mentions the notion that my prose might be being used by the Pentagon to convince the Taliban commanders that they are winning rather than us.  She sends this link.  I recommended that she balance her reading with Joshua Foust’s latest piece.

UPDATE #3: Michael Yon drops me a note to point out, correctly, that he was speaking out against exclusive reliance on the HVT program back in 2006 and onward.  Make sure to visit his Facebook page.

The Ineffectiveness of Prisons in Counterinsurgency

BY Herschel Smith
15 years, 6 months ago

Regular readers may recall that I vigorously advocated the separation of religious radicals from non-religiously motivated indigenous insurgents in U.S. prisons in Iraq.  It wasn’t nearly enough, and I may have been engaging in a bit of “whistling past the grave yard.”  The true nature of temporary custody in counterinsurgency (COIN) is now being experienced in Iraq.

Al Qaeda’s Iraqi branch has evolved into a homegrown, more lethal and bolder insurgency comprised of Iraqi fighters hardened in U.S. prisons and posing a challenge to Iraqi forces, military officials say.

The insurgency has been strategically weakened by the deaths of leaders, and both its numbers and the territory in which it can maneuver have shrunk since 2006-07, when Sunni tribal chiefs turned on it and joined forces with the U.S. military.

But what Iraqi officials call the “third generation” of al Qaeda in Iraq may be more difficult to fight than before because its fighters can blend in, know the weaknesses of Iraqi society, and are more interested in making a spectacular splash with their attacks than in battlefield victories.

Their assaults are aimed at grabbing attention and rattling the population at a time when sectarian tensions are fraught because of the failure of politicians to agree on a new Iraqi government seven months after an inconclusive election.

“We face the third generation of al-Qaeda now, a generation that mostly graduated from (U.S. detention camps) Bucca, Cropper and other such places,” said Major General Hassan al-Baidhani, chief of staff for the Baghdad operations command.

Al Qaeda has shown “a new type of boldness,” attacking heavily protected targets and security forces head on, Baidhani told Reuters. “This strategy depends basically on shock. They are not looking for success as much as looking for attention.”

[ … ]

In the run-up to the 2003 U.S.-led invasion, the Bush administration accused Saddam Hussein’s regime of having links to al Qaeda as part of its campaign to bolster support for war.

No ties were ever proven but al Qaeda was quick to take advantage of the post-invasion chaos to establish a presence in Iraq.

The first generation of al Qaeda on Iraq’s battlefields were primarily Arabs from abroad. The second was a mix of foreign and Iraqi Sunnis angered by the invasion and the rise to power of Iraq’s Shi’ite majority after the fall of Saddam, Sunni.

Now as Iraqi security forces take center stage after U.S. troops halted combat operations in August prior to a full withdrawal in 2011, they face a homegrown threat composed of young radicals who fervently believe in jihad, or holy war.

We have attempted to pacify the population by temporarily holding violent jihadists, only to see them released by fiat from Hamid Karzai.  So it’s happening even earlier in Afghanistan than it did in the campaign for Iraq.

It isn’t working in Afghanistan.  It didn’t work in Iraq.  We can preen over our strict adherence to the laws of armed conflict, and we can take comfort in our loyalty to the rules of engagement.  But the bottom line is that while we sit comfortable and proud in our moral uprightness, Iraq is now dealing with radicalized jihadists who are also now hardened criminals set free to perpetrate their violence on the population.  We harm others by our stubborn morality (but it makes us feel good because we ignore that part of it).

Biblical justice was retributive, with violent actions dealt with by execution.  Nonviolence crimes were dealt with by working the offense off rather than something so harsh as incarceration, and prisons were not even conceived until the notion of the rehabilitative powers of incarceration were conceived.

We aren’t dealing with the violent offenders harshly enough, but the flip side of the coin is that reflexive incarceration should be avoided because it makes the situation worse.  There is no rehabilitative power in prisons per se, and even if our refined, Western sensibilities don’t want to deal harshly enough with violent offenders, it pays to understand that prisons are no solution to the problem.  If you don’t believe in the Biblical system of retribution and restoration, then so be it, but one needs to recognize the fact that the problem doesn’t go away with prisons.  It is only delayed and exacerbated.  So a different solution is necessary.  One solution is not to engage in counterinsurgency operations.

Simply put, prisons … do … not … work … in … counterinsurgency.  Pretending that they do is self deception.

Prior:

Jirgas and Release of Taliban Prisoners

Prisons in Afghanistan

Prions in Counterinsurgency

Marines Live Hard Life in Helmand

BY Herschel Smith
15 years, 6 months ago

From Todd Pitman:

MARJAH, Afghanistan — In the first two months of a seven-month tour, US Marine Corporal Chuck Martin has been in 16 firefights.

The 24-year-old native of Middletown, R.I., has done laundry twice, mailed five letters, and received two. He has spent 378 hours on post and 256 hours on patrol. He has crossed 140 miles of thorny bomb-laced farmland and waist-high trenches of water on foot.

Along the way, he has ripped eight pairs of pants, ruined two pairs of boots, and downed 1,350 half-liter bottles of water. His platoon has killed at least eight militants in battle and nine farm animals in crossfire. The rugged outposts he has lived in have been shot at 46 times.

“Tiring would be the best word to describe it,’’ Martin said, summarizing his time so far in the insurgent-plagued southern Afghan district of Marjah. “There’s no downtime. It’s a constant gruel.’’

Martin’s list, stored on spreadsheet on his laptop, offers a snapshot of American military life in this rural battle zone, where a new generation of young service members are growing up thousands of miles from home.

Since arriving in mid-July, personnel from the Second Battalion, Ninth Marines’ Echo Company have spread out across 13 small, austere outposts in northern Marjah, a vast patch of fields and ancient hardened mud homes without running water or electricity that one company commander likened to “200 B.C.’’

At one outpost called Inchon, a droning generator provides power for iPods and laptops loaded with movies, and just two lights — one for the Americans, the other for their Afghan counterparts. Service members have knitted together several shaky chairs from the metal fencing of discarded Hesco barriers.

At many bases, Marines sleep outside on cots inside hot-dog shaped mosquito nets. There are no toilets and no showers. Troops bathe with water warmed by the afternoon sun. Fleas are such a problem, many Marines have taken to wearing flea collars made for cats or dogs around their wrists and belts.

“It’s definitely a culture shock,’’ Lance Corporal Benjamin Long, 21, of Trussville, Ala., said of life for incoming Marines. “Some people come here and they think we’re living like cavemen.’’

Todd paints an effective picture of the hardships endured by the Marines in the Helmand Province of Afghanistan.  The Soldiers in Korengal lived an equally hard existence, as do some of the Soldiers elsewhere in Afghanistan.  But in a tip of the hat to large population centers, far too many Soldiers live in huge FOBs rather than connected with the population.

In order to find and kill the insurgents, Soldiers and Marines must be spending the majority of their time with the people amongst whom they hide.  There is no downtime for the Marines.  Neither can there be any for other participants in Operation Enduring Freedom, whether infantry, logistics, or vehicle and aircraft maintenance.  Downtime comes after the deployment.



26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (42)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (23)
Ammunition (305)
Animals (327)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (394)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (91)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (4)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (247)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (39)
British Army (36)
Camping (5)
Canada (20)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (19)
Christmas (18)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (220)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (18)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (192)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,873)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,722)
Guns (2,412)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (62)
ICOS (1)
IEDs (7)
Immigration (123)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (82)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (281)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (47)
Mexico (71)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (31)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (222)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (77)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (672)
Police in COIN (3)
Policy (15)
Politics (999)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (501)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (76)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (713)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (81)
Survival (216)
SWAT Raids (58)
Syria (38)
Tactical Drills (38)
Tactical Gear (17)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (8)
U.S. Border Security (22)
U.S. Sovereignty (29)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (105)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (435)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (80)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

April 2026
March 2026
February 2026
January 2026
December 2025
November 2025
October 2025
September 2025
August 2025
July 2025
June 2025
May 2025
April 2025
March 2025
February 2025
January 2025
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2026 Captain's Journal. All rights reserved.