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]

Everything wrong with the campaign in Afghanistan

BY Herschel Smith
15 years, 6 months ago

A depressing report from NPR (which, by the way, shouldn’t have government funding).  Only part of the report is reproduced below, but the excerpt is still lengthy.

“That house that has that flag on it? There are two individuals, he’s just confirmed,” Horton said into the handset. “But he’s not going to fly over it because he’s pretty sure it’s Pakistan. Yeah, it is. Well, they’re watching us.”

After walking about half a mile, the men from Alpha Company stopped at their objective, a series of bunkered outposts astride the road.

They cleared the rooms out but discovered some strange litter — nice sleeping bags, fleece jackets and uniforms — quite valuable in Afghanistan, and strange things to leave behind. The men were tired, so they established a guard duty while the others pulled out their sleeping bags and crashed on the dirt floor, curled up for warmth.

A chilly dawn drew back the curtain on a stunning view of the valley to the west into Afghanistan and razor wire marking the Pakistan border just 50 yards east. But a stranger sight lay across the dirt road — a concrete building that looked as if a bomb was dropped on it.

But it wasn’t, said one soldier.

“It wasn’t blown up, they abandoned this,” he said. “This was all self-destruction. Like the vehicles that we passed way up there, they just abandoned all these compounds. I’m not sure the reasoning behind it.”

Part of the reasoning has to do with who left this compound in such a hurry — the soldiers all refer to them as the OGA, which stands for “Other Government Agency” and is common slang for the CIA. The CIA declined to comment.

But interviews with Pakistani border guards and U.S. soldiers, and some Pakistani press reports, all suggest that the CIA built this massive base compound more than two years ago. The construction included a road, the helicopter landing zone and several hard structures, including one at the top of the mountain called “Camp Karzai.”

Now it’s all charred and demolished. Up the hill, half a dozen vehicles are jammed together and burned. Another brand-new pickup has had the engine stripped out. An Army generator sits in one demolished building.

The occupants appear to have left in a hurry, though with few signs of battle, other than a floor littered with shells from a belt-fed machine gun.

The sight of hundreds of thousands of dollars wasted doesn’t go down well with the soldiers in Alpha Company, but they’ve got a more personal gripe.

Many of them spent the summer fighting in the valley to the west — killing scores of Taliban and losing some of their own — in an operation called Strong Eagle meant to clear the Taliban out of the area. The “OGA” base at the Ghakhi Pass served to keep the border under control, the soldiers say.

But when this base was evacuated, all the U.S. military assets in this part of Kunar were looking for Norgrove, and there was no time to send anyone to the border.

The soldiers in Alpha Company draw a clear line from the abandoned compounds — what they say was a spy base — the rocket-propelled grenade that hit the Chinook helicopter.

“The [Taliban has] reseeded the valley a little bit — not to the extent it was before when we first cleared it out,” says Billig, Alpha Company’s commander. “The bird [Chinook] came here and took contact, as a result of this position being abandoned.”

The day turns out quiet, and a few of the officers in Alpha Company make an effort at a little international diplomacy. Lt. Ken Kovach clambers down the hill behind the outpost to chat with the Pakistani border guards, who seemed just as curious.

It gets a little testy when one Pakistani tells him, with rough translation by an Afghan interpreter, that he thinks Americans don’t care about Pakistan. “How can he believe that?” Kovach says. “We have our helicopters giving aid for all the flooded areas? How can he believe we don’t want to help them?”

Tempers are soothed quickly, when the Pakistanis bring milky chai, which they pass carefully in white teacups through the razor wire to the Americans.

Billig, the company commander, goes a step further some hours later and strolls with a few of his men down to the Ghakhi border point, where his counterpart on the Pakistani side, Lt. Colonel Ahmed Salim, is.

“Anything we can do for you, you’re just welcome,” says Salim, a tall man with a neatly trimmed mustache.

American officials say the Pakistani army has made gains in Bajaur, the tribal district across the way, but there’s still mistrust. Elements of the Taliban and al-Qaida are believed to cross the border at this point from safe havens inside Pakistan.

There are misgivings on the other side as well: All of the Pakistani border guards have put reflective tape in a cross on top of their helmets — to keep Americans drones from bombing them, they say.

Still, Salim invites the Americans across the border for lunch, pointing them up some steps to his outpost. Several of the U.S. soldiers flinch. On the rooftop are three dozen men with beards, turbans and Kalashnikov rifles. But they’re not Taliban, Salim insists.

“Don’t think they are Talibs,” he says with a laugh. “They are the local Lashgar who are working with us — the local population which is supporting the government.”

Billig accepts the invitation, despite some strained looks from his men, and walks up the stairs to a Pakistani banquet of chicken, mutton, rice, lentils and yogurt. The conversation is friendly, but it starts with a rather pointed question from the host about the empty bases up the hill.

“Why didn’t you tell us they were pulling out?” Salim wants to know, adding that his border guards would have adjusted if they knew the other side was suddenly going to be empty.

Without mentioning the “OGA,” Billig simply nods in agreement, and allows that the abrupt departure came as a surprise to him as well.

The long lunch ends when the Pakistani colonel is called away, and the Americans walk back up the hill. Full bellies, heavy flak jackets, and the altitude at 7,000 feet have everyone moving a bit slowly, but then they get some information from their interpreter that makes them walk a little faster.

The interpreter tells the soldiers that some of the Pakistani commander’s men are spies for the Taliban. “So he suggests we get out of here quickly,” a soldier tells Billig.

Returning to the abandoned compound, the soldiers find Afghan border guards have arrived. They emerge from one of the bombed-out rooms in a cloud of pungent smoke; marijuana plants cover the hills like milkweed.

Some of the members of the Afghan force, who appear to be less stoned than others, talk for a while with the Americans about how many reinforcements they’ll need to hold this border.

But it’s a bit of a fiction: The Afghan border police don’t have the helicopters to resupply this place, and the road from the center of Kunar is far too dangerous for them to travel. And it’s not clear the Americans will be manning it either, despite the strategic importance of the pass.

“I think what’s going to happen here is another two days or so, we’re waiting for Afghan border police. So we’re going to clear it hold it and then put the Afghan border police in here. And if they don’t want to come in here, we’re going to go home. Back to Monti,” he says.

In fact, the men from Alpha Company don’t even stay the night. With dusk comes an order to pack up and march up the hill again to the landing zone, where the broken Chinook helicopter is ready to be hoisted away.

After getting warmed up on the hike, the Alpha guys sit for another several hours in the cold, as choppers come and go, blasting them with dust. Near midnight the Chinook is lifted out like a bundle in a stork’s beak.

Then the guys from Alpha make it back to Outpost Monti in the small hours of the morning, take showers and get ready for more foot patrols in the hills of Kunar.

Analysis & Commentary

This exemplifies just about everything that has gone and can go wrong with the campaign thus far.  Things are left off of the list, to be sure, but there are many unfortunate examples of mismanagement of the campaign.

First off, as sad as it is that Linda Norgrove was captured by Taliban and allegedly killed by SOF attempting to rescue her, there is absolutely no reason to tie up the forces in Kunar attempting to locate here whereabouts.  This is a counterinsurgency campaign, not a corporate-financed rescue operation.

Second, while I am not per se opposed to the use of CIA-financed military operators, in this case it seems that it was wasted effort.  They would have spent their time better by studying the inner workings of the Taliban in the area, including the Pakistani collusion with their spies.  It would have been effective if the commanders who sat in the meeting with Pakistani forces (and Lashgar) have pointed out to the Pakistani forces that they had Talib in their midst.  It would have been better to have said in the meeting that the U.S. was watching them – all of them.

Third, the laughable conversation with Afghan border guards telling the U.S. forces how many of them it will take to secure the border is as irrelevant as their high.  It wouldn’t have been remembered the next day.  High Afghan border guards are a drain on the campaign.  It would be better not to have any at all, thus ensuring that the commanders would think about the need for border security rather than rely on troops that are high on dope.

Finally, the author refers to the strategic importance of the pass.  I have argued for the strategic importance of interdiction of forces flowing from Pakistan into Afghanistan and for chasing the insurgents into their safe havens and sanctuaries, but the campaign as currently constituted is population-centric.  It is focusing on large population centers like Kabul, Kandahar and Jalalabad (except for the Marines in Helmand and the Army in Kunar and Nuristan).  Strategic importance indeed.  But the current commanders don’t see it that way.  Thus, the pass will remain open, and the insurgents will continue to pour through it.

Offensive Posture in Counterinsurgency

BY Herschel Smith
15 years, 6 months ago

In Odd Things in Counterinsurgency after detailing a Marine unit’s all-day efforts to locate a local elder’s home in order to befriend him (when in fact neither he nor his people wanted him to be located), I observed the following:

This effort is misplaced.  It would have been more effective to kill insurgents, make their presence known, meet villagers, find weapons caches, question young men, and interrogate prisoners (or potential prisoners).  They have given no reason for this tribal leader to ally himself with the Marines.  The Marines haven’t yet shown that they are there to win.  When the Marines get the Taliban on the defensive, the tribal leader will more than likely come to the Marines rather than the Marine searching him out.

The next patrol should focus on those fighters who were setting up the ambush.  Send a few Scout Snipers that direction.  Flank the insurgents with a squad or fire team, and approach the area where these men are supposed to be doing their nefarious deeds.  Find them, kill them. Do this enough and the Marines won’t have to search out the leaders.  Then it will be time to sit down and drink tea.  This is the recipe for success.

In the same province there is another example to study.

PressZoom) – NAWA, Afghanistan (Oct. 21, 2010) — The men of India Company, 3rd Battalion, 3rd Marine Regiment, have spent enough time in Afghanistan to understand some of the workings of the Taliban presence there.

There’s no denying they’re fighting a crafty enemy. Combatants will usually engage the American and Afghan forces from a well-concealed position, and then dispose of their weapons as they flee. They don’t stay for long-drawn out battles.

They shoot and run.

And so during Operation Black Tip, Oct. 14, India Company saw much of what they’ve grown accustomed to — shooting and running. Except this time, it was a little different.

When Sgt. Bryan Brown’s squad started taking fire, they were the ones who ran. They ran toward the bullets. They ran to the enemy’s position to take away his ability to flee.

“It’s always impressive to see Marines running toward fire,” said 1st Sgt. William Pinkerton, the India Company first sergeant.

Not that the enemy didn’t try to run away, but a well-placed sniper team left them with limited escape options. The snipers suspect they killed one enemy combatant and wounded another, Pinkerton said.

Black Tip was a one-day clearing operation, during which the Marines, partnered with Afghan soldiers from the 1st Kandak, 1st Brigade, 215th Corps, detained four men suspected of combatant activity and removed a weapons cache from the area.

“I believe the possible enemy wounded in action, detainees, and psychological impact of having to flee while desperately avoiding capture has a demoralizing effect on the enemy’s spirit across the area of operations,” said Capt. Francisco Zavala, the India Company commander.

And that’s the kind of offensive posture that I’m talking about.  Enough said.

Iraq Veteran Wins Bodybuilding Competition

BY Herschel Smith
15 years, 6 months ago

In my younger years I competed on the power lifting team at the college level (squat, bench and dead lift).  I still lift, but haven’t been able to keep that trim form I had when I was twenty.  I can’t imagine why.  Really.

So my gym and workout buddy Jim competed in the Mid-Atlantic Classic bodybuilding championship recently, and he is the one on the left part of the photograph (or facing us, the one on the right).

More photos at NCMuscle.com.  Jim turns 60 years old in a couple of weeks.  That’s right.  Sixty.  That’s six followed by a zero.  No, I don’t quite look like my buddy Jim.

Jim competed here (in this specific division) with guys less than half his age.  He placed second.  Jim and I both decided that we were glad that he didn’t win.

Here is the extremely fit Jim again.

Here is the thing.  Look at the guy in the middle, who placed first.  Take careful note of his right deltoid.  It isn’t there.  It was shot off during a combat tour in Iraq.  Let’s see.  Combat tour serving country.  Get right deltoid shot off.  Continue bodybuilding.  Win competitions.

So here is the Iraq veteran on the left.

What have you done lately?

Problems with the Applied Rules of Engagement

BY Herschel Smith
15 years, 6 months ago

The standing Rules of engagement (ROE) begins with the orders from the chairman of the joint chiefs of staff, goes in level of detail to theater specific rules of engagement (such as the tactical directive written by General McChrystal’s staff), and are given context with modifiers and embellishments such as General McChrystal’s statement that “If you are in a situation where you are under fire from the enemy… if there is any chance of creating civilian casualties or if you don’t know whether you will create civilian casualties, if you can withdraw from that situation without firing, then you must do so.”  The ROE category supplies the necessary detail to study this in more depth.

So the standing ROE, the tactical directive, the intentionality of the commander expressed in speeches, and the behind the scenes meetings and agreements, all come to bear for the enlisted man in localized or small unit-specific ROE that concerns things like how far out cones must be placed to demarcate where firing can begin for vehicles that are suspected being threats, whether troops in contact can return fire, when they can return fire, under what conditions specific combined arms weapons systems can be employed (mortars, CAS, etc.), and so on and so forth.  A JAG typically accompanies at least Battalion level deployments and certainly regimental deployments in order to create and help enforce all of those localized rules.  Welcome to the enlisted man’s life.

Now, as for how the overarching rules have come to bear on the enlisted man’s life in Afghanistan (as if we need more examples), two recent reports fill in the gaps for us.  The first comes from Time.

The scouts were initially dispatched to provide oversight for a clearing crew that ultimately had to be evacuated. Hours into a recent clearing operation, a member of Alpha Company had stepped on a crush box that took part of his leg; then, the next day, the 3rd Platoon was led into a trap. A local man responded to the Americans’ request for a place to bed down for the night by taking them to an empty compound that was rigged with explosives. Although a bomb-sniffing dog and mine detector swept the place before platoon members entered, an IED placed by the doorway exploded near a group inside, gravely wounding one soldier. A second went off four minutes later, injuring another.

Because military rules dictate that any soldier within 160 ft. (50 m) of a blast must head back to base for evaluation, the entire platoon had to be removed from the battlefield, putting the clearing mission in jeopardy. The scouts were ordered to pick up where Alpha Company left off. Despite the threat of more bombs in the vicinity, they went to the same cluster of buildings to finish the search and to assess what had happened. Upon reaching the compound where the suspect had led the soldiers into harm’s way, they encountered two elders who said they had just returned from Kandahar and knew nothing of the man in question. The U.S. officers were skeptical, but the elders insisted that the bomb-rigged building was in fact a former Taliban madrasah, or religious school, that had not been occupied for several months, though militants regularly pass through the area.

Near the end of their operation, the scouts were dispatched to examine some compounds connected to a surge of IED activity on a stretch of road. As they approached the area late in the afternoon, a knot of well-built men in black turbans stood outside, motionless. A couple of them wore faint grins. Like everyone else in Zhari, they claimed to be farmers, but platoon officers suspected that, based on their mien and location, they were militants. Because the men were not carrying weapons, however, there was nothing to be done but walk away — in strict compliance with the U.S. military’s rules of engagement. One soldier likened it to being “handcuffed.”

The second example comes from Washington Examiner.

To the U.S. Army soldiers and Marines serving here, some things seem so obviously true that they are beyond debate. Among those perceived truths: Tthe restrictive rules of engagement that they have to fight under have made serving in combat far more dangerous for them, while allowing the Taliban to return to a position of strength.

“If they use rockets to hit the [forward operating base] we can’t shoot back because they were within 500 meters of the village. If they shoot at us and drop their weapon in the process we can’t shoot back,” said Spc. Charles Brooks, 26, a U.S. Army medic with 1st Battalion, 4th Infantry Regiment, in Zabul province.

Word had come down the morning Brooks spoke to this reporter that watch towers surrounding the base were going to be dismantled because Afghan village elders, some sympathetic to the Taliban, complained they were invading their village privacy. “We have to take down our towers because it offends them and now the Taliban can set up mortars and we can’t see them,” Brooks added, with disgust.

These examples are particularly interesting because they only partially deal with ROE proper, and to some extent deal with the milieu of cultural sensitivity imposed upon the troops within the context of counterinsurgency.  Note how restricted the troops are when it comes to interaction with the local population.  This has nothing whatsoever to do with 360 degree shooting when you feel threatened.  This has to do with force projection.

The Soldiers in the first instance should have stopped, questioned the suspected Taliban fighters, questioned them again, searched them, isolated them and questioned them again, obtained some biometric data (iris scans and fingerprints), issued some threats to them if their suspicions were in any way confirmed, handcuffed them if necessary to detain them, and arrested them if they found something that needed further investigation.  Force projection will end Taliban rule, and timidness will ensure the smirks they now get when they pass by the fighters.

In the second example, the concerns of the locals outweighed the force protection of U.S. troops.  The end result was not to win the allegiance of the locals, but to ensure that they see the Taliban as the winning side.  The Taliban set up mortars, the U.S. troops back down if we (the population) say that we don’t like their towers (as we were told to say by the Taliban).

In both cases the myth is that the population will side with U.S. troops, when in fact the Taliban are seen as more powerful and determined.  Counterinsurgency is not as complex as it is made out to be by the elite who want to win the people with projects, wells, jirgas and sit-downs for tea.

We are set up for failure in Afghanistan, no matter what the narrative says and no matter how many good reports come from the front by the PAOs who talk endlessly about community projects.  Oh, and as for the real force projection, that is still only happening by the SOF troopers who conduct raids in the night to get their high value targets and then spirit off by helicopter to the local FOB for debriefing.  The balance of the force is designed to be policemen by campaign commanders, even though they sometimes get involved in heavy fire fights where they are provided with much less support than the SOF troopers.  How is this whole program working out?  Who is asking for the talks – us or the Taliban?

Finally, I must again comment that this campaign is not being conducted like Operation Iraqi Freedom.  Do you doubt this?  Consider again Recon by Fire.  Tell me about how cultural sensitivity won Operation Iraqi Freedom.  Go ahead.

Maliki Turns Towards Iran: Will We Yet Lose in Iraq?

BY Herschel Smith
15 years, 6 months ago

I have been following the political machinations in Iraq, and warning against a government ruled by Maliki.  Amir Taheri outlines the sheer magnitude of trouble brewing in Iraq as a result of Iran’s influence.

Last week, he (Maliki) concluded an accord with the Sadrist bloc — whose leader, firebrand mullah Muqtada Sadr, has been living in the Iranian holy city of Qom since 2008. The two men pretend to have forgotten, if not forgiven, the bloody battle for Basra that broke Sadr’s Mahdi Army (trained and led by Iran’s Revolutionary Guard).

To clinch the deal, Maliki has dropped his “Iraq first” rhetoric in favor of a pan-Shiite approach. He has agreed to stop legal proceedings against the fugitive mullah, who’s wanted in Najaf on a charge of murder. Maliki even has dropped hints that the remnants of the Mahdi Army, which fled to Iran, would be allowed to return with impunity.

Yet the Sadrists demand more: key posts, such as ministers for oil, the interior, defence and education. If they succeed, the key policies of Iraq’s government could be made in Tehran.

Tehran helped the deal by ordering its oldest Shiite clients, the so-called Supreme Islamic Assembly of Iraq (and its armed wing, the Badr Brigades), to back Maliki. Another Iran-sponsored Shiite group, under ex-Prime Minister Ibrahim al-Jaafari, has also thrown the little weight it has behind Maliki.

Even then, the math doesn’t work. Maliki’s bloc, The State of Law, won 89 seats in the 325-seat National Assembly. Adding the Sadrists, the Badrists and the Jaafarists yields 156 — still seven short of a majority. But Maliki’s advisers claim that he can seduce enough independents to secure a bare majority.

Forming such a government would be bad for Iraq and the region — and for Maliki’s place in history. It would be based on less than 40 percent of the votes in the election. And more than 90 percent of those votes came from only nine out of Iraq’s 18 provinces.

An estimated 30 percent of Shiites didn’t vote for the four parties in the proposed coalition. In five provinces, the coalition parties didn’t draw even 1 percent.

No government in Baghdad would be able to run Iraq without the support of the secular bloc of Sunnis and Shiites led by former Prime Minister Iyad Allawi, which came first with 91 seats. And any new government must also win over the Kurds, some 20 percent of the population.

The three Kurdish parties, with 60 seats, could give Maliki a strong majority. But their price is too steep. They want a third of the Cabinet and insist that no key decision be taken without their approval.

They also want a free hand to exploit oil resources in their three autonomous provinces — and to annex oil-rich Kirkuk, where Kurds are 40 percent of the population.

There is a host of problems associated with the current U.S. engagement in Iraq, not least of which is the highly restrictive Status of Forces Agreement which has Soldier’s under virtual house arrest, unable to do anything without Iraqi permission.  The tactical capabilities of the Iraqi Security Forces is still highly questionable, and in one recent engagement called the Battle of Palm Grove, the ISF couldn’t handle even the basics of small unit fire and maneuver warfare.

But even within the current framework, there are still missteps by the administration that are making the problem far worse.  Continuing with Taheri’s assessment:

Maliki’s advisers tell me that he decided to turn to pro-Tehran groups because he believes the Obama administration has no overarching strategy in the Middle East, let alone in Iraq. By constantly apologizing for the overthrow of Saddam Hussein and talking of leaving Iraq (and the region), President Obama risks reducing the United States to irrelevance in a complex power game that could decide the future of the Middle East.

Vice President Joe Biden’s public appeal to Grand Ayatollah Ali Sistani to intervene in the formation of a new government showed the administration’s failure to understand the desire of most Iraqis, including Maliki’s supporters, to keep the mullahs out of politics — a desire shared by Sistani himself.

Maliki’s ability to hang on is not limitless. By the end of this year, as the term of the annual budget ends, his government could run out of money. His accord with the Sadrists suggests that he’ll announce a new government before then. Such a government, however, might prove unstable, making a political crisis, leading to fresh general elections, a possibility.

The Obama administration appears to have no plans to deal with the situation — even though, for all the talk of leaving, America still has 55,000 troops and perhaps as many civilian workers in Iraq.

Desperate to secure a government in Iraq – any government – the U.S. administration has done exactly the opposite of what is needed, and continues to send exactly the wrong message.  China continues to violate the trade embargo with Iran, weapons are still being interdicted from Iran on their way to fighters in Afghanistan, and the administration continues to pretend that diplomacy is accomplishing forward progress with Persia.

Maliki knows better, and he is laying his bets on Tehran to prevail.  It is estimated that fully one quarter of U.S. deaths in Iraq were at the hands of Iranian fighters.  Even more came from Iranian-backed fighters.  Their ghosts demand justice, but instead find that the U.S. and Iran may even be colluding to invoke power sharing in Iraq.

And thus this administration may yet snatch defeat from the jaws of victory.

Jake Tapper Signs Book Deal on COP Keating

BY Herschel Smith
15 years, 6 months ago

In a bit of a surprise, Jake Tapper has inked a deal to author a book on the battle at Kamdesh, in the Nuristan Province of Afghanistan.

Little, Brown and Company is announcing a book deal with Jake Tapper, ABC News Senior White House Correspondent.

In “Enemy In the Wire,” Tapper will tell the story of U.S. troops’ deadliest battle in Afghanistan last year. At dawn on Oct. 3, 2009, the 54 U.S. soldiers at Combat Outpost Keating in northeast Afghanistan — tucked in a vulnerable valley surrounded by three heavily forested mountains near the Pakistan border — were attacked by 300 to 400 Taliban, some of whom had managed to get inside the camp – “in the wire.”

After more than 18 hours of fighting, with eight American troops killed, the men of COP Keating managed to beat back the enemy.

Tapper, 41, will tell the story of the battle; detail the soldiers’ heroism and valiant service under fire; tell their stories and those of their loved ones; and describe the history of the camp within the context of the larger mission in Afghanistan.

The book should be out toward the end of 2011, and Tapper plans to go to Afghanistan.

“I first heard the gripping story on ABC News and just couldn’t stop thinking about it,” he told POLITICO.

“What’s it like to be under attack and so vastly out-numbered? Why was the camp there to begin with? How did the troops defeat the Taliban? Who were these men — what are their stories? The more I read and watched on the news, the more I wanted to know. On another level, as someone who has covered the Afghanistan debate from the White House North Lawn, I wanted to see it from the perspectives of those on the front lines.”

Having such little history in this line of reporting and analysis, it should be interesting to see how Tapper handles this.  But there is really no reason that he shouldn’t have the freedom and support to enter military journalism with such a interesting and storied battle.  I expect a good product from Jake.  Welcome to the community.

However, with the attention and thought I have given to the battle at COP Keating, Jake should make sure to send me a pre-publication version of the book for review.  And as reviewer for the book, it makes sense for me to go to Afghanistan with him.

Also, I think it’s important that Jake place this battle within the larger context of previous engagements such as at Wanat, where there was similar massing of enemy forces.

Investigating the Battle of Derapat

BY Herschel Smith
15 years, 6 months ago

The diggers were involved in a significant engagement in the Oruzgan Province on August 24th.  The diggers were apparently let down by intelligence and restrictive rules of engagement, but as expected, there is push-back by the Australian Army brass.

An email from a soldier who criticised the army over a deadly battle will be part of an investigation, Defence Minister Stephen Smith says.

Digger Jared MacKinney died in the battle on August 24.

Another soldier who cannot be named told a friend in an email that it was a miracle that more Australians didn’t die in the battle.

“The army has let us down mate and I am disgusted,” he said.

Mr Smith told reporters after visiting HMAS Stirling south of Perth that force protection was a “serious matter” for the army and the government.

“The views of soldiers on the ground has always been taken into account so far as force protection measures in Afghanistan is concerned,” he said.

“The issues that are raised in the email will be considered in the course of Defence’s investigation of this matter.”

[ … ]

Lance Corporal MacKinney’s widow, Becky, gave birth to their second child, a son, Noah, just five hours after his funeral service in Brisbane on September 10.

The soldier said in his email that his section had been in a contact 100m from the same spot two days earlier and reports from sappers clearing bombs on the morning of the battle had said civilians were fleeing the valley.

“That told us it was going to be on,” he said.

The patrol’s first big surprise was the size of the enemy force. No intelligence reports had prepared the two sections of about 24 men for a confrontation with up to 100 enemy attacking from multiple firing positions as close as 80m.

“We were at times pinned down by a massive rate of fire but we stuck to it,” the soldier said.

The second shock for the Diggers, forced to withdraw as they started to run low on ammunition, was the complete lack of fire support from artillery, mortars or aircraft.

“We are not f—— happy, but then again the BG (Battle Group) f—- up the intelligence report because a certain Major writes it from the signal log book (radio log of conversation) instead of getting contact reports, patrol reports and a patrol debrief,” the soldier said. “The army has let us down, mate, and I am f—— disgusted.”

The soldier, from Brisbane’s 6th Battalion, said an unmanned spy plane flew above the battlefield pin-pointing enemy positions throughout the three-hour battle, but effective fire support still failed to materialise.

He also revealed Lance-Cpl MacKinney died almost half an hour into the battle.

“Jared got hit and the boys were working on him but he would have been gone already,” he said.

“They were copping rounds the whole time, all the way through to carrying him on the stretcher and loading him on the AME (Aero Medical Evacuation chopper).”

The soldier’s email has been circulated to senior officers, including Defence Chief Air Chief Marshal Angus Houston.

His plea is supported by retired counter-insurgency expert, Major General Jim Molan.

“We must never incur casualties because the support for our soldiers was not fast enough, not accurate enough or not able to be used because of restrictive rules of engagement,” General Molan said.

The enlisted ranks have their supporters among the brass.

Former Iraq war commander Jim Molan, a respected commentator on counter-insurgency, says aspects of the firefight are cause for serious concern.

In an opinion piece in today’s The Weekend Australian, the retired major general calls for the use of more aggressive tactics to prosecute the war — tactics he says will save lives in the long term and force the Taliban to negotiate.

“Combat commanders must be under no illusion that when they make contact with an enemy force . . . they must do their utmost to destroy that force,” General Molan says.

“Our troops found themselves facing (some say) up to 100 Taliban. This is one of the few times when we actually know exactly where our armed enemy is, and we must always capitalise on it.

“In this battle, the few Australian soldiers accompanying the Afghans once again fought brilliantly and, along with supporting fire, may have killed up to a third of this force.

“As the Australians withdrew, the other two thirds of the enemy went somewhere, certainly with the capacity to kill more Australian and Afghan soldiers . . . and still able to intimidate the population.”

But is this view common among the officer corps?  Maybe not.

Senior military sources told The Australian the war in Afghanistan was not a “kill and capture” mission but a “care and nurture” mission, in which discrimination and proportionality were crucial.

The senior military sources have made a fundamental logical blunder.  They have confused an emphasizing reduction with an exclusive reduction.  To be sure, nurturing anti-Taliban elements is a goal of the campaign, for instance.  But to claim that it is the only goal is wrong.  To encourage your troops to nurture your allies is an emphasizing speech.  To say that that is all that they are there to do is an exclusive focus on one element, and it is not only wrong-headed, it is dangerous.  If killing the enemy is not the main goal or at least one of the goals of the campaign, the campaign has lost its focus and should be ended.

I am currently trying to obtain a copy of the subject e-mail.  At the moment, we know that it makes the following claims.

“That contact would have been over before Jared died if they gave us f…..g mortars,” he wrote.

The email also says how two units of about 24 men each were left unprepared for a confrontation with up to 100 enemies attacking from multiple firing positions as close as 80 metres away, because of lack of intelligence reports.

This sounds eerily familiar.  It isn’t required that it be U.S. troops for there to be problems with the rules of engagement.  We will learn much more before this investigation is over, and the Australian military needs to be open, honest and forthcoming with the information.  There is much to learn from this engagement, from the Taliban tactic of massing of forces, to problems with the rules of engagement.

Will the U.S. Marine Corps Become A Second Land Army?

BY Herschel Smith
15 years, 6 months ago

The U.S. Marines are allegedly trying not to become a second land army by focusing on sea-based forcible entry via the EFV.  But recall the view expressed here at TCJ?  The Orange County Register shows it pictorially.

Note the question at the left.  “Would helicopters and Ospreys ferrying troops to shore, landing behind enemy beach positions, remove the need for a beach landing under fire?”  Yes, we had better hope that it does.  And I haven’t seen any advocate of this position except here at TCJ.

But the hugely expensive and troublesome EFV and the concept of forcible entry under heavy fire is the only differentiating factor now in its vision and the Army’s vision.  The return to the sea apparently requires the EFV according to current Marine Corps doctrine, and without it, the Marines are dead – or so we are told by the U.S. Marine Corps thinkers.

In every other way the Marines are doing everything in their power to ensure that they become a second land army.  Lose their rifleman skills?  Sure.  Start up some heretofore unneeded cyber command within the Marine Corps?  Sure.  Why the Marine Corps needs a cyber command is anyone’s guess.  What these Marines are going to do is anyone’s guess, and they as much as say so.  The balance of the branches have robotic stuff, so how about the Marines?  Sure.  After all, the Corps must stay up with the other branches, right?

Where is the strategic and innovative thinking?  Where are the original concepts?  Where are the scholar-officers in the Corps?  While the Corps turns to robotic mules, heavy equipment, cyber warfare and green power, and turns away from being able to get fresh water from their own environment when dropped into the battle space, the nation continues to turn more to special operations forces and the SOCOM chain of command to perform its expeditionary and irregular warfare.

So be it.  The stubbornness and lack of adaptability of the old and outdated Marine Corps vision will ensure its irrelevancy and expendability.

Treating Battlefield Injuries with Nanoemulsions

BY Herschel Smith
15 years, 6 months ago

Imagine that you are in Iraq and you receive this letter from your father.

If you become wounded – especially on your extremities but also even on your whole body – and a doctor begins to discuss rapidly propagating infection, or amputation of limbs, you need immediately to request that he administer 50 Rads of gamma or x-ray radiation to the affected area.  If the infection doesn’t begin to retreat within 12 hours, request another 50 Rads.  If the doctor doesn’t understand or wants to talk about this, have him call me.  You know how to reach me at any hour, night or day.”

The idea has to do with radiation hormesis, and at least to practitioners and those familiar with it, it’s science is well known and well understood.  But there is help coming in the form of treatment of battlefield injuries with nanoemulsions.

In the combat zones of Afghanistan and Iraq, soldiers often suffer shrapnel wounds and burns as a result of improvised explosive device blasts.

But other threats – bacteria, viruses and fungi – linger in the air and soil. Contact with the soldiers’ broken skin can lead to debilitating and potentially life-threatening infections.

With the goal of developing a treatment that can be applied to soldiers’ wounds at battle zones and hospitals to prevent infections, the U.S. Department of Defense allocated a $1.5 million grant to researchers at the University of Michigan and the NanoBio Corporation, the university announced Tuesday.

Researchers at the university’s Michigan Nanotechnology Institute for Medicine and Biological Sciences and the Ann Arbor-based NanoBio Corp., a biopharmeceutical company, will use the money to study the effects of nanoemulsion-based therapies on curbing wound and burn infections in combat situations.

“A broadly effective nanoemulsion-based wound treatment that can be safely and easily applied at the time of injury, without causing pain or interfering with wound healing, would have great value to prevent infection, increase survival and enable more rapid healing of wounded United States military personnel,” Dr. James R. Baker, the principal investigator for the grant, said in prepared remarks.

Nanoemulsions are made up of soybean oil, alcohol, water and surfactants emulsified into droplets 200 to 600 nanometers in diameter, according to the release. Research shows that nanoemulsions are effective in combating various bacteria and viruses.

The two research entities will develop 10 new nanoemulsion formulations against bacteria, fungi and spores in lab culture studies. The formulations will then be studied on animals for safety and effectiveness before moving on to human trials.

Nanoemulsions have shown promising results in other aspects of health care. The application of nanoemulsions for the treatment of cold sores is currently undergoing phase 3 clinical trials. Nanoemulsions have also been studied to treat cystic fibrosis infections and develop vaccines against influenza and bioterrorism agents.

The $1.5 million grant will be distributed to the University of Michigan and NanoBio Corp. over a three-year period.

Faster please!

Odd Things in Counterinsurgency

BY Herschel Smith
15 years, 6 months ago

There are two examples of what I consider to be odd behavior for our forces in Afghanistan.  The first comes from C. J. Chivers, who gives us a mixed report on the Afghan National Army.

… the Pentagon must overcome a persistent problem in the Afghan security forces: attrition. Official estimates put attrition across the force at roughly 3 percent each month. Attrition is a powerful drain that makes growth difficult. Police officers and soldiers simply disappear, even as replacements flow in.

For this reason, for the army to grow by 36,000 more soldiers, the government must recruit and train 83,000 Afghans, according to projections released by NATO. Similarly, for the police to reach the hoped-for increase of 14,000, the government must train 50,000 more officers. This drives up costs to Westerners paying the bill.

The training mission in Afghanistan also labors under a legacy of unfulfilled past promises, inadequate training even in basic skills like marksmanship and driving military vehicles, and a pattern of overstating how ready or skilled the forces are.

Early this year, the Pentagon and senior Afghan and American officers in Kabul insisted that the complex operation to re-establish a government presence in Marja, a Taliban stronghold, was “Afghan led.”

It was not. And many Afghan units, by the accounts of many Americans present, performed poorly. Some units openly shirked combat duty — refusing to patrol, or sending a bare minimum of soldiers on American patrols, sometimes only a pair of soldiers to accompany an American platoon. The remaining Afghans stayed behind, lounging in the relative safety of outposts the Americans secured.

In the operations under way in Kandahar, reports continue to indicate that American forces are almost always in the lead.

This is backwards from the way I would have implemented the garrisoning and training of the ANA.  Catching the ANA willingly refuse the go on patrol, get high on hashish, or sit in the safety of a FOB while one of their own goes outside the wire is reason for dismissal.  It’s a good thing.  Furthermore, the vetting and recruiting of ANA should be stricter and more involved.  We should be striving for a smaller force, not a larger one.  A smaller force where the Soldiers are well trained, more reliable and more mature should be the goal, not large numbers to put down on paper.

The second example comes directly from Cali Bagby who is with the Marines in Marjah.  This will be fairly lengthy to get the full picture.

MARJAH, Afghanistan – As the Marines run across a main road, there are no men on mopeds or children hanging out in crowds.

“There is no one is outside today,” says Sgt. Michael Brattole, squad leader, several times as he passes through wadis and fields.

“Is that good or bad?” I ask, already knowing the answer.

The Taliban rarely fire when the streets are busy with people. After three months in Marjah and three casualties in their company, the Marines from Echo Company are all too familiar with the nature of warfare.

The mission is to confirm the location of Akhmed Shah’s home. Shah, an elder, could be the key player in securing the area called the Qasaab Block, located outside of Echo Company’s base.

The section of land the Marines are maneuvering is populated predominately by the Alokzi tribe. Shah’s father stood as the leader for the tribe, but war and the Taliban has created a people without a leader.

Shah’s oldest brother is the rightful tribal leader of the Alokzi, but he chooses to live in Lashker Gah, located about 10 miles away. The Marines would like to help Shah stand as a leader – but first they have to find his house.

This task seems simple enough, but simple tasks in Afghanistan can be deceiving.

The Marines start their search with the first elder they come across on their patrol. His beard is white with shades of blackened gray. In the shadows in one of the dark rooms inside his compound, he holds a mound of cotton and speaks with the Marines.

Outside,  security is provided from the 3rd Squad, 2nd Platoon. Inside, one Marine who wishes to remain anonymous, asks the questions.

“We do support Akhmed Shah, he is my nephew. Why not help him?” Haji Torjan says. “Everyone supports Akhmed Shah.”

When the Marines asks if Torjan will send one of his boys with the squad to point out Shah’s home, the elder refuses.

“There are no men, just women and children, in our culture it will be bad,” says Torjan.

There are several more exchanges between the Marine and the Afghan. The Marines try to get the elder to point to the house on a map, or just walk outside ahead of the Marines or at least describe the surrounding area, but the man is of no help.

“If you find it by yourself that’s fine, but I can’t help you,” says Torjan.

“We need your help, to help you,” says Brattole, stepping in for a moment to warn the Marine that the more time they stay in one spot the more time the Taliban has to set up an ambush.

The Marines try a few more tactics with the elder, explaining that if he doesn’t show them they will have to go around asking for Shah’s home, alerting the whole block they are working together.

“You can detain me, take me anywhere you want, but I won’t show you where he lives,” says Torjan.

The Marines are forced to head back out into the other compounds and see if they can get more information from other Afghans. They stay off the road, where they are most likely to get shot at by Taliban.

In order to take the back roads, they must climb over a series of tall and crumbling walls with heavy guns and packs.

The Afghans willing to talk to the Marines have similar answers. Either they have never heard of Shah, or they know who he is and where he lives but refuse to point out the house.

Instead they say, it’s very far away. A few young men suggest the Marines head up farther on the road and surely someone will point out the house.

“If you won’t show me, why would anyone else show me?” asks the Marine. The Afghans smile and nod their heads, as if to say they can’t help him any further.

When children trail the patrol, a Marine pulls aside one of children and asks him about the block’s elder and where he lives. The small boy laughs, chewing on a plastic yellow toy, and shakes his head.

As the Marines push forward, they encounter more locals along the way – and ask the same questions, again.

“We’re just farmers, we don’t know anything,” says a local man. “We have to go back to work.”

Minutes later the same man is across the field bathing in a pump from a nearby well.

Some of the locals give descriptions of Shah’s home: it’s by a canal, near a mosque with speakers over the two-story building, and it’s very far away. The Marines follow the breadcrumbs of information climbing over more walls, questioning more men and children.

After three hours outside the wire, Marines receive a tip that the Taliban is setting up an ambush in the very direction the patrol is headed. Brattole and a few other Marines head farther up the road to inspect the news as the rest of the squad hangs back listening for the sound of gunfire.

After 30 minutes, it’s getting late in the day and the Marines decide to return to the base – without locating Shah’s home. Climbing over the same walls and fields, another long day is over. Sweat covers the brow of the men, and they walk with few words.

After passing a compound, shots are fired from the north. The Marines turn and run towards the gunfire, over the wall, alongside a wadi and towards the main road. By the time they make their way back to their last position, the gunfire has ended. The Marines question four young Afghan men who matched the identities of those firing weapons during the firefight.

The young men want to know what the Marines want with them.

“You were just running away from a firefight,” says the Marine. “”How do I know you weren’t the ones firing?”

“Ask the owner of this compound, when the firefight started we were with them,” says one of the young Afghan men.

Without further evidence the Marines can’t hold the men.

The firefight has ended, the sun is setting deeper into the landscape and the patrol returns to the base.

This effort is misplaced.  It would have been more effective to kill insurgents, make their presence known, meet villagers, find weapons caches, question young men, and interrogate prisoners (or potential prisoners).  They have given no reason for this tribal leader to ally himself with the Marines.  The Marines haven’t yet shown that they are there to win.  When the Marines get the Taliban on the defensive, the tribal leader will more than likely come to the Marines rather than the Marine searching him out.

The next patrol should focus on those fighters who were setting up the ambush.  Send a few Scout Snipers that direction.  Flank the insurgents with a squad or fire team, and approach the area where these men are supposed to be doing their nefarious deeds.  Find them, kill them.  Do this enough and the Marines won’t have to search out the leaders.  Then it will be time to sit down and drink tea.  This is the recipe for success.

We needn’t do things backwards.  It only lengthens the campaign and makes it costlier.



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