It appears possible that the Brazilian army is following in the footsteps of their Burmese counterparts in addressing the alleged Brandon-styled coup. See HERE.
06 Tuesday Dec 2022
Posted Legal/Political Columnsin
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14 Friday May 2021
Posted Legal/Political Columnsin
≈ Comments Off on “Calling” This One Over and Done
“Emma” called. She said the party is over for the USSA’s military. Watch this (very real) Army recruiting video:
Sorry, I should have advised not to drink or eat while watching. “My bad.” The militaries of virtually all other countries train for war. Your sad excuse has two mommies. When the next (likely last) great conflict comes, the imperial army will be crying for them both. D.O.N.E.
08 Tuesday Oct 2019
Posted Legal/Political Columns, News and Notesin
≈ Comments Off on The Casualties Will Be Extreme
84% of women soldiers failed the new Army ACFT.
According to the numbers, a jaw-dropping 36% of soldiers overall failed the test, with 64% passing. When you break it down by gender, 70% of men passed. But here is a number should kill and bury the ACFT evermore: 84% of women failed the test. Those numbers are so absurdly biased against women that I was afraid this was some sort of elaborate joke by Duffelblog. But I spoke with one soldier in a leadership position at an ACFT test battalion, and the soldier confirmed that the leaked numbers lined up almost exactly with those of the soldier’s battalion.
Here is why those fail numbers are so bad, male or female: you fail your physical training test, you get flagged. You aren’t going to military schools like Basic Leader Course or Airborne School. And if somehow you get there anyway, when you’re tested again you’ll be turned around and sent home. You cannot be promoted. You cannot be reclassified into another MOS. In the Guard and reserve, you cannot be transferred. You lose your tuition assistance. You can’t even reenlist!
Here is where it gets really ugly. If 84% of women are failing this test—keep in mind, 84% of women who are in battalions specifically preparing for the ACFT—you have essentially eliminated women from the United States Army. It gets uglier yet. When a woman gives birth, she gets a six-month profile excusing her from the ACFT. The thing is: the real killer for women is the “leg tuck” portion of the ACFT, in which you assume a pull-up position and bring your hips and knees up to your elbows and back down as many times as possible in two minutes. That’s asking an awful lot for a woman who has given birth in the last few months; and allows, basically, for no time to actually train up for the event once her profile expires. Already, women are failing the leg tuck test by 72%.
It is no secret that sexism is a problem in the military. What this test makes clear is that said sexism knows no bounds, and with the capricious stroke of a pen, those men have found a way to wash an entire gender from the ranks. If 84% of women are failing the test, the problem is not with women soldiers; it’s the test.
Of course, it’s the sexism and the maternity leave – not biology or anything. This may actually benefit the US in the upcoming conflict. If the Russians and/or Chinese can’t stop laughing, then they can’t fight. Brilliant!
07 Friday Jun 2019
Posted Legal/Political Columnsin
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As millions of unassimilables cross into fading America, the mighty imperial military spruces up for them. Rather than repel the invasion, the Army plays Tom Sawyer’s mark, whitewashing the
fence wall “barrier.”
United States military personnel deployed near the U.S.-Mexico border have reportedly been assigned to paint certain barrier structures to strengthen their “aesthetic appearance.”
Sen. Dick Durbin (D-Ill.) said on Twitter on Wednesday afternoon that the Department of Homeland Security (DHS) informed Congress that troops are going to spend the next month painting barriers and that “the primary purpose is to improve the aesthetic appearance.”
“DHS informed Congress today that troops are going to spend the next month painting the border wall & “the primary purpose is to improve the aesthetic appearance.” A disgraceful misuse of taxpayer $$. Our military has more important work to do than making Trump’s wall beautiful.”
It’s a sad day when Dick Durbin makes sense.
Meanwhile, a Texas government school teacher is fired after pleading with Trump to do his job and remove criminal aliens from her district.
A high school teacher in Texas was fired Tuesday over some tweets she sent to President Trump, asking him to do something about the illegal immigrants in her school district.
The Fort Worth Independent School District Board of Trustees voted on Tuesday to terminate the contract of English language arts teacher Georgia Clark, who has worked for the district since 1998.
The Carter-Riverside High School teacher tweeted what she thought were private messages directed at President Trump last month, but the comments were public and sparked a huge controversy in the Fort Worth community.
“Mr. President, Fort Worth Independent School District is loaded with illegal students from Mexico. Carter-Riverside High School has been taken over by them. Drug dealers are on our campus and nothing was done to them,” one tweet read.
Natural conservatives, dealing the dope that lazy Americans just won’t deal anymore. Shame on this woman.
I can fully believe that nothing is done about ordinary criminality, just as nothing is done about the invasion. Maybe Mrs. Clark can get a job helping paint the fence.
08 Wednesday May 2019
Posted News and Notesin
≈ Comments Off on Green and Pinks Return?
Gotta admit that these look pretty good.
The United States Army wanted a spiffy new service uniform, one that would stand out in a tough recruiting environment and polish the Army’s image after a generation of grinding and divisive wars.
So it turned the clock back. Way back.
It chose a new uniform that looks almost exactly like the old green gabardine wool field coat and khaki trousers that officers wore in World War II. Probably not by coincidence, that’s what the Army was wearing the last time the nation celebrated total victory in a major war.
Will they help secure the border?
18 Sunday Oct 2015
Posted Legal/Political Columns, News and Notesin
Amercia, anarchy, arms, army, Athens, authority, firearms, freedom, God, government, guns, history, Iraq, law, Melian Dialouge, Melos, military, murder, Natural Law, Paul, police, police state, power, Romans 13, Second Amendment, self-defense, self-preservation, state worship, The People, War
A man in Wyoming was out riding his bicycle. According to him he was attacked by a vicious German Shepherd (Belgian Malinois). Fearing for his life he shot the dog to death with his trusty revolver. It’s a story you may have missed. It only made the news because the dog in question was a former military service dog, a Bronze Star recipient, no less. I find the story interesting because it sheds light on a schism amongst the American people.
Mike was a nine year old dog who previously served two combat tours in Iraq. Upon his retirement Mike was adopted by Matthew Bessler, a retired Army Ranger. Both veterans suffered from PTSD; they provided each other with beneficial companionship.
Bessler went hunting. He left Mike in the care of a friend. Mike wandered off and encountered the cyclist – with deadly results. There, the news story ends.
The cyclist was not charged, his use of deadly force deemed by police to be justifiable self-defense. A GoFundMe page has been set up in order to provide Mike with a military burial.
A sub-controversey surrounds the fact the lethal shot hit Mike in the rear or back. I discount this factor. Attacking dogs move very fast. Shooting scenarios move fast too. A shot in the back does not, by itself, disqualify self-defense, especially concerning an animal. The old, false adage that retreat is better if possible is dangerous when one crosses a predatory animal. Withdrawal might trigger a chase or hunt instinct which could be worse than the initial confrontation. Like everyone else, I was not present and I can only go by the shooter’s account, tempered by reasoned thinking.
On the surface I find this story sad all the way around. I regret Mike’s death. I regret the cyclist felt his life was endangered to the point of resorting to shooting. I’m sorry Mike and Bessler suffered PTSD. I’m sorry their conditions were the results of the government’s inexplicable and indefensible war in Iraq. It’s terrible some think we need that government.
Mike, another victim of the State. Daily Mail, UK.
Based on the bare facts reported by the (British) press, I support the cyclist’s account of the incident and his use of force. I can see a dog with PTSD (even if usually docile) becoming aggressive around a stranger. It happens.
I also hold Mike blameless. Even a vicious, dangerous animal is still just that, an animal. Mike was utterly blameless, too, regarding his military service and resulting illness. A human soldier with a conscious can object to illegal wars of aggression. A dog can’t.
Any blame here rests with the friend who was supposed to watch Mike. Large dogs should be leashed or fenced. Maybe there is no one to blame. Mike could have escaped a reasonable containment. Dogs do things like that. Maybe this was just a bad thing that happened – like a tornado or a freak accident.
At any rate, all of this is merely supporting background for my story. I noticed themes in the comments which accompanied the news which, upon further consideration, formed my titular dichotomy.
There were hundreds of comments which roughly divided into two camps. The first was supportive of the cyclist. They found the shooting justified. Most of these also held a pro Second Amendment bias. The other group was mortally offended at the death of a military hero, albeit a dog.
The former group fully supported the individual right of self preservation even if they found Mike’s death lamentable as I do. The latter hold the shooting of a military veteran indefensible under any circumstance.
There were a few other reactions. Some found the existence of the subject firearm the problem. I suppose some might hate bicycles or hate dogs. These opinions are outliers and safely factor out of my analysis.
Some pro-shooter comments:
Should have been on a leash.
Too bad for the dog but most communities have leash laws for a reason…and yes, many joggers and bicyclists are bitten by uncontrolled dogs, that’s why pepper spray is a good idea.
“Park County Sheriff Scott Steward said: ‘Essentially, if you feel your life is in danger or threatened by an animal, you can act against it.’ Exactly
Pro military, no matter what:
Sounds like another Democrat got there hand’s on a gun !!
this cyclist had no business killing this dog. Charges should be brought against him immediately.
I would not blame or feel bad at all and I would even back the dog owner if he wanted to take fatal retaliation against the cyclist. It is just. What the hell is wrong with people that want to kill a dog like that…This soldier has one more mission to accomplish! …huh rah!
I hope the shooter gets hit by a car and suffers a long painful death
These views show a division between otherwise aligned interests. Most of the folks are likely “conservative” by political philosophy, perhaps a few libertarian. “Liberals” would abhor the gun itself.
I see this as a difference of opinion between “red staters.” I suspect the majority of both sides generally support the carrying of individual arms. Both likely support justifiable self-defense. Here’s the division: the first group seems to support self-defense regardless of the aggressors status. They find a man free to act when illegally threatened. Period. I’ll call these the people “freedom lovers.” The others support self-defense unless the aggressor is a member of the hallowed legions of the state. I’ll call them “government lovers.”
The government lovers are more extreme. Not only do they want the cyclist prosecuted, they want him dead – by a “long painful death” – for a situation they did not witness. But, to them, the facts do not matter. They are more worshipers than mere lovers of the state. The government and its uniformed agents (even dog agents) must not be challenged – ever.
The worship of the state may be increasingly seen in American churches, particularly Evangelical protestant churches. Government has seemingly replaced God for many. Much of this stems from an overzealous but false interpretation of Romans 13. Paul was only speaking to legitimate state authority – authority not acting against God’s Natural Law.
The Nazis, acting under Hitler’s “legal” orders, carried out the murder of dissidents and other war crimes. Were these too God-sanctioned acts of official authority? I think not.
The statists see it otherwise – at least concerning the American government.
If American soldiers kill innocents overseas, regardless of conditions, it’s acceptable collateral damage. If the police shoot a dog it’s okay, even if the police are breaking their own laws during the shooting. The same standard applies to police shootings of innocent civilians. No matter the cause, no matter the circumstance, the government is never at fault.
In the odd event the government is at odds with one of its servants the lovers will throw the individual under the bus without thought or hesitation. The false god of the almighty state suffers NO challenge.
This highlights both a disdain for individuality and a lack of logic among the parishioners of official authority.
For those of us who value freedom over safety this dichotomy and this particular example illustrates both a dire problem and a hazardous solution for liberty. It reminds me, for some reason, of the Melian Dialogue (with a twist).
A bit of archaic history: In 416 B.C. Athens was perhaps the most powerful military force in the known ancient world. The Athenians sought to subjugate the small, peaceful island state of Melos. The Athenian navy arrived at Melos. The dialogue went something like this:
Athens: “Surrender and join us.”
The Athenians then proceeded to exterminate the Melians and seize their island.
Ruins of Melos. Google.
Many in the freedom camp rightfully seek to resist the evil of the modern state. However, as to outright martial confrontation, they see no hope. Maybe they are right. The American military and police state is almost powerful beyond measure. Outright rebellion would be almost impossible.
It may though be possible to indirectly oppose state oppression. An individual might be able to resist a single agent of the state and legally get away with it. Such resistance is still fraught with gravest danger. After such an incident the individual will be faced with resentment and hatred of the government’s unthinking masses. Hatred to the point of murder in revenge.
A safer if slower strategy might be to seek out those of the opposing camp and convert them to the truth of freedom. If they can think and reason this may be possible. They can be armed without an army. They can be safe and secure absent official structure. They can act as individuals. They can regard God as God and alone the Supreme source of authority.
All of this is open for consideration. What say you?
13 Wednesday May 2015
Posted Legal/Political Columns, News and Notesin
America, anarchy, army, Bush, churches, Clinton, Congress, Courts, crazy, crime, Democrats, election, executive, fear, fools, freedom, George Carlin, government, law, law. people, military, Obama, Patriot Act, police, politicians, Posse Comitatus Act, republic, Republicans, Ron Paul, sheep, Sixth Circuit Court of Appeals, special forces, standing army, students, taxes, terror, Texas, U.S., veterans, voting
“Your” government is officially far past the point where it could be possibly reigned in. Next year must hold in store an election. I keep hearing and reading that the Republicans and Democrats are preparing their usual assortment of tired psychopaths from which the little people are to select their future “leadership.” It could be that I have stepped through a worm hole to the past because I keep hearing names like Bush and Clinton.
As George Carlin used to say, “this is the best we can do.” It will never get better. Incredibly, it gets worse every four years. I gave up on voting and political participation a long time ago. I stand by my statement that the last, best chance we had to save the Republic was to elect Ron Paul President in 2008. We missed it. Today, I lead a happy life of personal anarchy. My only involvement with the government is paying taxes and evading the traffic cops. It works well. The sheep still don’t see it.
You may have seen or read about the increasing militarization of government forces – the blurring of lines between domestic police and the standing martial army. I wrote about it previously.
(USA! USA! Google.)
Speaking of blurred lines, I, being a recovering attorney, am THE expert on the Posse Comitatus Act (PCA). The PCA was put into place many, many years ago to halt the use of military forces from providing ordinary law enforcement within the territorial confines of the U.S. It has not worked.
Law after law and action after action have provided a myriad of exemptions to the PCA. Drugs, terror, riots, training – you name it. The PCA is moot.
So it is today that most highly trained, deadliest and most feared elements of our armed forces – the special forces – are on the streets training with local police agencies. It’s like Barney Fife meeting the Seals in Mayberry. Otis better watch out.
The purpose of elite military forces is to carry out daring missions ABROAD (not at home) in order to disrupt enemy activities with minimal effort or notice. They are the last force one should want operating amidst the people at home. This too is lost on the MTV-watching public.
The people are afraid of everything. Should the government announce pillow cases are tools of terrorism, the people will dutifully burn pillow cases in the town square. The fools will demand and cheer as the government bombs pillow factories in places like Libya and Iraq. Imaginary specters are fought with ferocity and pomp.
Meanwhile, real threats go virtually unnoticed. Recently, the same week that saw the U.S. military engage in various live terror trainings in the Southwest (against fictitious enemies) saw real terrorists attack a cartoon convention in Texas. Thankfully, for us, the sane, Texas is not Paris. In the Lone Star State, muslin extremist face summary execution from even lone police officers. Don’t mess with Texas. But, no-one else has drawn the corollary (or disconnect) here. The vaunted military trains for an attack the police can’t handle at the same time the police handle an attack the military can’t. So it goes.
The sheep graze on. Fox News, radio talkers and modern “churches” have instilled in the ignorant people a sense of worship for all things military, all things government – so long as it’s the American military and government. When two groups of drunks meet at the beach, and fight, the sympathy of the nation goes to that group of martial disposition. No mind is given to reality.
The Sixth Circuit Court of Appeals has just tried to put the brakes on the monstrosity known as the USA Patriot Act. The Act was intended to grant additional unchecked power to the central government. Some in the Judiciary have noted this and its underlying illegality. It does not matter, as Ron Paul notes. The Bush/Clinton/Bush/Obama/Bush/Clinton/Etc. executive is above the law and will refuse to abide by any Court ruling which limits their authority. The Courts, truly least of the three branches, are powerless to enforce their rulings. The Congress, fat, bribed and stoned into complacency, will do nothing. The sheep graze.
So, pontificate as you will about the coming election. I may listen but I won’t respond. I’m not rude, it’s just that I don’t believe in fairy tales no matter how entertaining. Next November, you go out and waste your time and energy, saving us from the other side. Afterwards, you may find me at the local bar or cigar shop doing what I do. Or, you could just join me in freedom land. Your choice.
19 Friday Apr 2013
Posted Legal/Political Columnsin
1993, AR-15, army, ATF, Bill Clinton, children, church, citizens, Congress, Constitution, CS gas, David Koresh, due process, FBI, felony, FLIR, Fort Hood, freedom, George Roden, government, grenades, guns, JAG, Janet Reno, John Danforth, law, lies, media, methamphetamines, military, murder, Posse Comitatus, Seventh Day Adventists, sheriff, snipers, tanks, Texas, thugs, UPS, Waco, War, warrant
Today marks the 20th anniversary of the fiery end of the federal government’s siege on the Branch Davidian Seventh Day Adventist Church in Waco, Texas. April 19, 1993 was the end of a month and a half ordeal probably unlawfully initiated against a peaceful, if weird, group of Christians by the tyrannical Imperial federal government. In addition to being a serious injustice in and of itself, it also stands as a critical warning to all of us free citizens currently enduring the 21st Century.
(Separation of Church and State? Google Images.)
I recall the media’s treatment of the story during the winter and spring of 1993. Essentially, they reported the feds’ words verbatim and, in keeping with modern journalistic tact, did so with no critical analysis whatsoever. The Clinton administration and their lamestream puppets said that David Koresh was a deranged and dangerous man who had brainwashed a large group of followers Jim Jones style and who had engaged in several serious criminal offenses. All of this was based on lies. Seventhy-six innocent civilians and four stormtroopers lost their lives because of these lies. Numerous others, on both sides, were scarred, physically and mentally, as a result of the battle.
Twenty years later, there has never been an honest official review of the crimes committed by the government between February 28th and April 19th that fateful year. Laws have been rendered obsolete, innocents have been imprisoned, criminals have been promoted and lionized, and the truth might have just as well burned in the terrible conflagration.
The Branch Davidians separated from the mainline Seventh Day Adventist Church in 1955. Essentially, they believed they were living in the “end times” and ordered their lives accordingly. There developed a power struggle within the group between David Koresh and George Roden. During the 1980’s there was a violent confrontation between the factions which resulted in several prosecutions; there were no convictions and the matter faded away. Following his conviction for a 1989 axe murder, Roden was imprisoned in a mental facility. Koresh took command of the church.
Koresh believed himself the final prophet of the church and the man who would guide the group through the end of days, the rapture, or whatever. His methods were odd to say the least. His followers moved into his compound in Waco where Koresh lead a polygamist prophetly existence. I have never understood why people ever allow themselves to come under the sway of such men. At any rate, Koresh and his followers were largely isolated from the rest of the world, engaged in their final preparations.
(David Koresh, born Vernon Wayne Howell. Google.)
Those preparations, in part, lead to the government’s investigation and subsequent charges. The charges were as follows: manufacture and possession of illegal weapons (machine guns), the manufacture of methamphetamines, and child abuse and statutory rape of young girls. I seem to recall tax evasion charges as well but cannot locate definitive documentation. The IRS can always bring tax charges or administrative actions against anyone due to the impossible nature of the tax code.
There was no evidence to support the meth charges. Roden had allegedly run a meth lab at the church during the 80s. However, the operation had ceased years before Koresh took over the group. Not approving a drugs, Koresh dutifully turned over to local authorities the remains of lab. That was the extent of the evidence – none. Some FBI and ATF agents acknowledged the lack of evidence on these counts.
The allegations of child abuse, etc. came from Koresh’s critics, both before and after the 1993 ordeal. Such crimes, even when real, are not federal matters. They are within the jurisdiction of the state. Nevertheless, the accusations were included against Koresh and Co. in order to make them look as bad as possible to the grand jury and judge. The government never lets the truth interfere with a case.
Reports indicate that Texas child-protective authorities had previously visited the church and talked extensively with Koresh. No charges resulted. Koresh was also on relatively friendly speaking terms with the local Sheriff, who later expressed concern over federal actions.
As for the “machine guns,” the charges stemmed from a report by a UPS delivery driver of weapons components being shipped to the group in Waco. The driver relayed his information to the Sheriff’s Office. A deputy then informed the BATF (BATFE or ATF). Another Koresh detractor and former member provided hearsay of the illegal conversion of AR-15 rifles into automatic M-16s. The Davidians ran a legitimate weapons business, the Mag Bag, in order to raise funds for their operation. None of their wares and weapons were illegally obtained. However, the ATF (again not concerned with the truth) mislead a federal judge by speculating that the mere existence of the legal weapons might suggest a crime.
The ATF also informed the judge that a neighbor had previously reported the sound of automatic gun fire emanating from the church. They failed to leave out the fact that, as with the child abuse charges, this sound was also reported to the Sheriff, who had investigated the matter and concluded there was no criminal activity.
You may recall that during the siege and its aftermath, the media parrotted reports of a certain number of machine guns at the church. The number continued to decline oddly as time passed until it reached th true number – zero.
As part of their speculative fishing trip the ATF set up surveillance from a nearby house and sent an unconvincing infiltrator to join the group. Koresh became aware of both but said nothing. Once their lies were neatly typed out, the ATF obtained search and arrest warrants and prepared to descend on the church on February 28, 1993.
A reported was tipped off about the impending raid and asked for directions to the church from a postman, who happened to be Koresh’s brother-in-law. Thus was Koresh tipped off. He then dismissed the ATF’s informant from the group. The informant reported that, when he departed the church, the members were praying.
Having come to belive their own lies, the ATF geared for battle against the church members. They illegally assembled at Fort Hood, a nearby Army installation (remember the Posse Comitatus Act, anyone?). They were well armed and well armoured though their other preparations were unbelievably incompetent. Rather than arriving in marked vehicles so as to identify themselves as lawmen, the agents rode up in cattle trailers pulled by several pick-up trucks (private models belonging to various agents). They also neglected to carry communications equipment. The first reports of a gun fight at the church came from the church itself; the members called 911 to report they were being attacked by a gang of heavily armed thugs.
Those thugs, once they disembarked their trailers, immediately opened fire on the church – in order to kill and silence the canine residents. Normally, approaching officers identify themselves as such and attempt to serve their warrants peacefully.
Thus, with no indication of the agent’s legal intentions (if any), the Davidians responded as Americans typically do to violent intruders. They shot back. A lethal gun battle raged from around 45 minutes. The local Sheriff, who said he was not apprised of the raid and knew nothing of it until the Davidians called for help, was unable to communicate with the ATF (dead radios don’t receive calls). The Sheriff’s Office eventually negotiated a cease-fire. Five Davidains and four agents were dead. At this point, Koresh’s and his followers’ fates were sealed. The government does not tolerate the killing of their own, even in cases of self-defense.
(“No-Knock” warrant entry. Fox 4 Dallas.)
Following the ceasefire, one of the most infamous sieges in American history commenced. The government dispensed with all vestiges of common sense and gradually increased tensions at the church. Eventually, all the communications and utilities of the Davidians were cut off. This left the members without running water and electricity. The government apparently had lost interest in those abused children.
The FBI took over the operation. Some within the agency favored negotiating a peaceful end to the ordeal. Others, who views won out in the end, favored aggressive military action. Koresh allowed eleven of his followers to depart – they were immediately arrested and some were prosecuted. At least they survived. As April passed the government prepared to end the confrontation violently. As part of their campaign, the FBI mobilized military assets including, helicopters, light armoured vehicles, main battle tanks, and tactical advice from the military.
You may recall from my column, Posse Comitatus, that using the force of the military in domestic law enforcement is a felony. Remember, no-one has ever been prosecuted under the Act. However, some within the government remained honest and faithful to the law. Before rendering illegal assistance to the FBI, the Army attempted to procedurally clear the matter internally. The case was given to a JAG Attorney for analysis, particularly as to the FBI’s request for assistance. The JAG Officer promptly reported the scheme was a Posse Comitatus violation. He was told to stick his opinion in his ear.
The FBI, now armed for battle in an actual war, began to harass the Davidians intensely. In addition to cutting off their utilities and treating those afore-mentioned children to high-decibel AC/DC music around the clock, the government constantly circled the church with their tanks. They flattened everything outside, including the Davidians automobiles. They also intentionally ran over grave sites repeatedly (a crime).
(We don’t need no stinking Posse Comitatus! Google.)
At last, on April 19th, the government made its move. President Clinton still desired a peaceful, negotiated end but was convinced by his chief-Nazi, Attorney General Janet Reno, to use violent force. Reno’s justification for the use of overwhelming force varied and changed as time passed and the number of machine guns declined.
The FBI used their tanks to smash holes through the walls of the church. Into these they pumped CS gas, which as a chemistry major like Reno (“consulted” by the military) should have known, is delivered via a highly flammable powder. The FBI also launched numerous flash-bang grenades into the building. As normally happens when extreme heat and sparks are applied to a flammable substance, a fire erupted. Of course, the government blamed the fire on the Davidians – why stop the lies, at this point. You will surely recall the fire, it is engrained in my memory forever. See the picture above.
They government continued to ram the building with tanks. They drove one into the building at a point where they knew the children were likely gathered. I have seen video of a Davidian crushed and shredded beneath the tracks of one of the 70-ton vehicles.
The fire killed the Davidians. Some attempted to escape only to be shot to death by FBI (or military) snipers. I watched a video of a subsequent Congressional investigation of the event. The Congressmen watched a video of the assault unfold that was filmed used FLIR (forward-looking infrared). An expert identified various flashes as muzzle blasts directed toward fleeing, unarmed Davidians. A member, indignant that anyone would question or accuse the government of murder, demanded to know what the expert’s expertise with FLIR. The expert’s assertion he had invented the technology was insufficient for the panel.
All ensuing investigations, including that of Former Senator and Special Counsel John Danforth, exonerated the government. We call this a whitewashing. Following a criminal trial, eight Davidains were convicted of firearms charges. Four were acquitted outright and all were cleared of murder charges. Following numerous appeals the Davidans received much lighter sentences and all were freed from custody by 2007. No criminal investigation or prosecution of the federal agents was ever conducted. In another whitewashing, the survivors and the families of the deceased lost a civil lawsuit in the case of Andrade v. Chojnacki, 338 F.3d 448 (5th Cir. 2003).
This story is one of massive and complete injustice. It should also serve as a dire warning to all Americans of the government’s boundless power and ability to get away with any crime, no matter the circumstances. Remember Waco whenever you see or hear accusations from the government. Remember who really abused children. Remember who lied to initiate and to justify their actions. Remember and do all you ever can to combat injustice. We owe that much, at least, to our deceased citizens and to the Natural order of the law.
07 Thursday Mar 2013
14th Amendment, 9/11/2001. 12/7/1941, Americans, army, Austin Rhodes, banksters, Big Club, capitalism, children, Clay Whittle, Constitution, Cornfield County, corporatism, Daivd Koresh, drones, due process, Eric Holder, feds, Fifth Amendment, filibuster, GA, government, guilt, idiots, innocence, JAG, Jesus Christ, King John, law, law enforcement, lies, Magna Carta, murder, Natural Law, poor bird, Posse Comitatus Act, Rand Paul, Ron Paul, Scott Dean, Senate, sheriff, tanks, taxes, Texas, the Devil, The Empire, Thomas More, Waco massacre
This post rambles from subject to subject. Be forewarned.
Just last night I thrilled you, my dear readers, with a few news stories concerning the law. While Attorney General Eric “Fast and Furious” Holder refuses to prosecute super-rich banksters for criminal wrong-doing, he has no problem using drones to murder “ordinary” Americans for any reason or no reason. Well, in his defense, He said the drones would only be used to thwart catastrophic events like the 9/11/2001 or Pearl Harbor attacks. I don’t believe him. It doesn’t matter since he’s not in charge of when the triggers are squeezed.
This morning I was listening to the radio and had the privilege of hearing my friend Austin Rhodes (WGAC, 580 AM, Augusta) give his morning commentary. He initially praised Senator Rand Paul (Ron’s son) for his filibuster yesterday which targeted the administration’s dystopian law enforcement policies. Then he surprised me. He, playing devil’s advocate, asked if a drone strike on David Koresh (remember him?) in 1993 would have prevented the later bloodshed at Koresh’s Seventh Day Adventist Church in Waco, Texas. At first I was indignant but then I realized the value of his question. The ultimate answer is “who knows?” No-one does for certain.
It is my opinion that the government was out to get Koresh and his senior worshippers and would have slaughtered them all anyway. Austin and I disagree on the nature of the events that unfolded in Waco twenty years ago. That’s the beauty of America, we can agree to disagree.
There was much disagreement in early 1993, regarding the pre-assualt on the church. For instance, the warrant obtained by the Imperial stormtroopers was defective. Perhaps they could not decide on what, if anything, was wrong with Koresh and Co. That might explain the defects in the law sited to obtain the warrant. The local Sheriff and the State of Texas disagreed with the feds that crimes were being committed in the church. A JAG officer (military attorney), when asked about the legality of deploying military assets for this domestic law enforcement “operation,” disagreed with his inquirers. He reported the scheme was illegal, a violation of the Posse Comitatus Act, etc. The first Stormtroopers on the scene must have disagreed about the wisdom of carrying communication devices in case something went wrong, whether to open fire immediately upon exiting their horse trailer (official police version), and whether the church members would return fire.
In the end, the dissenters were silenced. The rest is history. As I recall the Empire had several grounds for the War in Waco: 1) income tax evasion; 2) illegal drugs; 3) illegal firearms; and 4) the abuse of children. I think they eventually proved the tax count as they can prove that against almost anyone due to the psychotic nature of our tax laws and regulations. I think there was no evidence of the guns or drugs – any existing specimens would have been destroyed in the government’s fire. As for the children, while I recall some survivors insisted there had been some sort of impropriety, most (all?) of the children were killed in the fire or crushed to death beneath the Army’s 70-ton tank. Some may have been shot by snipers. Anyway, there wasn’t a lot of evidence after the fact.
Still, none of this answers Austin’s question. I’ll pose a question which is easy to answer definitively: Would a drone strike on Rev. Koresh been legal? Two questions, really – Would the drone strike have been ethical? The answer to both questions is a certain “NO!”
The Fifth Amendment to the Constitution is clear – “No person shall be … deprived of life, liberty, or property, without due process of law…” (Emphasis added). The Fourteenth Amendment backs up the Fifth’s Due Process provision. These concepts date back the Magna Carta in 1215. The truth is eternal, it remains the same in 1215, 1791, 1993, or 2013. The theory is that if the government wants to kill someone, they must adhere to a certain process. We generally refer to the key part of the process as a trial (Jury, evidence, and stuff). The theory jives with what that crazy carpenter, Jesus Christ, talked about twelve centuries before King John admitted his authority was not arbitrary.
For those of you who might have heard Austin and taken his question as a simple endorsement by mistake, how about this: Would Sheriff Whittle’s use of a drone against Scott Dean saved us the trouble and expense of a trial? He was convicted, after all, by twelve wise citizens. The fact of his innocence and his accuser’s later recantation are irrelevant for this discussion. For those of you fortunate enough not to live in Cornfield County, Scott Dean was a County Commissioner. He adopted some girls. One of the girls, a teenager with a history of lying in court, accused him of a heinous crime. He denied any guilt but was convicted none the less. He went to prison. Then, his lying adopted daughter, safely out of the country, admitted she made the story up and Dean was in fact innocent.
Since the recent revelation of Dean’s innocence I’m sure the twelve men and women who sent him to prison have the utmost difficulty sleeping at night. Can you imagine the Sheriff’s guilt and shame had he used a drone instead of the law? Natural Law and its proper extensions in the corporeal world are important. “I’d give the Devil benefit of law, for my own safety’s sake!” Saint Thomas More, A Man For All Seasons, 1966.
Due Process of law is a Natural Right to which every person is entitled when human laws exist. This was obvious to earlier generations of Americans.
In my recent second installment of Slavery In America, https://perrinlovett.wordpress.com/2013/03/05/slavery-in-america-part-ii-of-iii/, I mentioned the Big Club members who are invested in our modern plantation. The giant banks are charter members of the club. I mentioned their immunity from criminal prosecution last night. It seems they are too big to fail, too big to jail, and they are rapidly sucking up all the wealth in this country. See this story: http://theeconomiccollapseblog.com/archives/corporatism-a-system-of-control-designed-by-the-monopoly-men-of-the-global-elite. It’s about “corporatism,” the fascists’ bastardization of capitalism. It’s an excellent article from an eye-opening site.
It Could Be Worse…
We could all be stuck in a cage and abandoned at the car wash…
(This poor guy was! He was happily adopted though!)
Yeah, ramblin more than normal… 🙂
20 Wednesday Feb 2013
"Civil" War, 107th Congress, 18 USC 1385, 19th Century, 20th Century, 45th Congress, A Well regulated Militia, Abram S. Hewitt, abuse, air force, Alexander Hamilton, America, army, Articles of Confederation, Attorney General, Barrack Obama, beltway snipers, Ben Hill, Caesar, capital felony, civil power, communism, Congress, Congressional Record, Constitution, criminals, Declaration of Independence, district attorneys, drones, Drug "War", due process, Empire, Federalist Papers, freedom, Gallic War, Gauis Curio, George W. Bush, Georgia, governors, happiness, history, Homeland Security, Japan, Jimmy Carter, John B. Anderson, judicial review, Kentucky, King George, Latin, law, legislature, Loeb Classics, Marx, Maryland, Michigan, military, National Guard, Natural Law, NDAA, New York, north, Patriot Act, Posse Comitatus, President, public hanging, Reconstruction, republic, Rome, Ronald Reagan, scholars, sheriffs, slavery, south, States, Supreme Court, taxs, The Founders, The Time Given, Thomas Jefferson, treason, tyranny, Waco, Washington, William Kimmel, wisdom, Wounded Knee
I love follow-up stories. The other day I did a piece about military drones killing Americans and mentioned the Posse Comitatus Act as a possible solution. I said I’d have more to say about the Act soon. Here it is:
On June 18th of this year we will all celebrate the 135th birthday of the Posse Comitatus Act, 18 U.S.C. § 1385. Happy Birthday, Pos-Com!!! Maybe you do not share my zeal? Perhaps you have never heard of this great Act or maybe you don’t know what it means. Allow me to educate you. The Posse Comitatus Act means absolutely nothing. Those who will celebrate the creation of this dead letter are those who should be prosecuted under it – namely those members of the various executive branches of the Federal and state governments.
“18 U.S.C. § 1385” is a legal citation to the United States Code, referring to Section 1385 of Title 18. Title 18 is the federal criminal code thus, Posse Comitatus creates a criminal offense. Like 99.99% of federal criminal laws it only sets forth a felony offense and punishment. Unlike most federal crimes though, the Act carries a lower than usual maximum sentence and it HAS NEVER BEEN PROSECUTED!
In law school I wrote a lengthy research paper on the Act – Posse Comitatus – written for my advanced Constitutional Decision-Making seminar taught by the very Honorable Professor John B. Anderson. Anderson represented the people of Illinois’s 16th Congressional District for twenty years. You may recall his 1980 independent run for President against Jimmy Carter and Ronald Reagan. You may also recall his book The American Economy We Need from 1984.
I consider Professor (as I always call him) Anderson a good friend. Once he and his wife, Keke, graciously received my wife and I at their beautiful home on a visit to Washington. However, back when I initially presented my paper proposal to him he seemed a bit skeptical. I suspect that, at the time, even he had not heard of the Act. As the semester progressed though our Nation’s Capital came under the terror of the Beltway snipers. Anderson called me one day and said he had just heard a news report on the radio about the snipers, the hunt therefore, and … the Posse Comitatus Act. He was hooked and I received an “A” for my efforts.
Over the ensuing decade I have ripped the paper apart, added to it, and conducted additional research on the Act and many related matters. In the not to distant future (later in 2013 perhaps) I look forward to publishing a book based in part on my original thesis. The book is tentatively called A Well Regulated Militia (Amazon/CreateSpace/Kindle) and will relate to all things Second Amendment, Militia, and tyranny prevention (and reversal). This would include, for reasons cited herein, below, the Pose Comitatus Act. This work will be far more substantial than The Time Given (soon, I promise), though that treatise is no less important to the scope of human happiness than anything else I write.
I hope the book-buying public also gives my work an “A” and I experience mass market financial success. Remember, you need not actually read a book; what counts is buying it (multiple copies if possible). I have limited the many notes and many of the citations which accompanied my old paper and which will inevitably appear in the book. For the book I intend to clean them up, eliminate them if possible, or relegate them to the seldom viewed “Notes” section at the back. I hear notes, like charts and graphs, drive down sales. Pictures have been known to help though:
(Our Posse. Source: Google images).
The history of the Act is a great part of the history of the 19th century in America. As you may recall in the middle of that century we had a rather unpleasant incident which resulted in the deaths of about 600,000 men. I refuse to call it The Civil War because it wasn’t. A “civil war” is where two or more factions fight for control of a central government. In our case, the Southerners wanted to be free of Washington, not in control of it. It also wasn’t a declared war (I’ve had debates with other attorneys about what that meant). My northern friends often ask me my opinions about the war. I can sum the up easily: it was as deadly as it was unnecessary.
I am in the minority of honest legal historians who believe that the southern states had every authority to seceed from the union. I think any state today has that same authority. Nothing in the Constitution compels eternal membership and several states expressly reserved the ability to withdraw at any time. They asserted a Natural Law position which, being universal, would seem to apply to even those states which joined without such reservation.
Back in the Nineteenth Century, America was plagued with major problems – debt, financial scams, economic warfare, lying politicians, and, of course, slavery. Come to think of it, the more things change, the more they stay the same.
You may recall from history that once the “war” was over and the Union reunited, a probationary period was imposed on the southern states. This period was known as Reconstruction. It was rank with abuse. In numerous cases the legislatures of southern states and other institutions were invaded or harassed by regular army troops. The Posse Comitatus Act was passed partly in response to these alarming events.
“Posse Comitatus” is a Latin phrase roughly meaning “power of the county.” “Posse” in latin is a verb which means to “be able” or to “have power”. “Comitatus” means “company” or “retinue.” In other words, it refers to the local militia – those men available for service in times of crisis. An aside, suited for a future article: “militia” does not correlate with the “National Guard.”
The concept of the militia predates and was well established at the time of our nation’s founding. Congress still acknowledges the militia separately from the Guard; the Guard and the militia are differentiated under Titles 10 and 32 of the U.S. Code. Every State maintains a militia (at least in the law books) separate from the Guard. In Georgia, the State militia is officially the Georgia State Defense Force. See: O.C.G.A. § 38-2-23, et seq.
The Guard was instituted in the early twentieth century and is essentially a back-up force for the regular national army – it is sometimes on loan to the several States. Enough on that for now.
The Pose Comitatus Act reads, in its entirety: “Whoever, except in cases and circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” 18 U.S.C. § 1385.
The Act (let’s call it the “PCA” from here out) originally started out as an amendment to the Army Appropriations Bill (H.R. 4867) for the fiscal year ending in 1879. This would be during the forty-fifth congress, second session, in 1878. The initial mention of the concept of the PCA as an amendment came from Rep. William Kimmel of Maryland on May 20, 1878. Kimmel was cut off in mid speech by time constraints; however, he successfully laid the framework for the PCA amendment. See: 7 Cong. Rec. 3586.
H.R. 4867, PCA and all, eventually became law on June 18, 1878, hence the pending birthday celebration. See: 7 Cong. Rec. 4686. Some scholars have speculated the PCA was enacted only to end the use of he army in supervising southern elections and legislative sessions. Earlier I said the PCA was partly enacted for the reasons said scholars state. I, however, dug deep into Congressional history (boy, what fun) and found a more complicated picture.
The roots behind the theory of Posse Comitatus go much deeper and further back in history than the American Republic. The concept was present at the end of the Roman Republic, more than twenty centuries ago. Gauis Curio attempted to disarm Caesar’s returning army in order to preserve domestic tranquility. See: Caesar, The Gallic War, Loeb Classical Library, 587 (Harvard U. Press, 2000). As you know, Caesar “crossed the Rubicon” and the Empire shortly thereafter commenced.
In early America the fear of armed military forces present in everyday life was of grave concern to our Founding Fathers. Beginning the Declaration of Independence with a nod to Natural Law, Thomas Jefferson listed the first grievance against King George that “He has kept among us, in times of peace, standing armies without the consent of our legislature. … He has affected to render the military independent of and superior to the civil power.” Dec. Independence, para. 13 – 14 (1776). Jefferson listed various other similar complaints against the King.
Jefferson was not alone in his fear of standing armies, provisions against which found their way into both the Articles of Confederation and the Constitution (remember the Constitution?). In The Federalist Papers, Alexander Hamilton, himself not the greatest proponent of freedom, railed against the standing army as “unsupported by any precise or intelligible designations of reasons.” The Federalist, No. 27 (Hamilton).
The Forty-Fifth Congress considered several issues in developing the PCA: a standing army versus a militia; limited central government; and, the proper (if any) uses for an army within the confines of the territory of the Republic. A sub-issue of concern at the end of the 19th Century was the potential rise of communism, which Congress greatly and rightly feared. Karl Marx was still alive at the time of the PCA debate, his works on “economics” relatively fresh off the presses. Rep. Abram S. Hewitt of New York commented on the subject: “If you want to fan communism, increase your standing army and you will have enough of it.” 7 Cong. Rec. H. 3538 (1878).
Rep. Kimmel stated the then current use of the army in domestic affairs was a direct “violation of the Constitution.” He cited numerous examples of federal troops aiding tax agents, governors, sheriffs, and district attorneys in Georgia, Kentucky, Michigan, and New York. 7 Cong. Rec. 3580 – 3582. Again, it is popularly said that the PCA was the result of Southern states fed up with the misuse of federal soldiers during elections. Most of Kimmel’s examples were responses to tax collections and labor disputes. In 1878, as today, New York and Michigan are generally regarded as northern states. Other Representatives related similar troubles all across the country. The problem was national in scope.
In the Senate the debate continued. Senator Benjamin Hill of Georgia remarked, “A posse comitatus is a wholly different thing from an army; it is different in every respect from an army…” 7 Cong. Rec. 4246. He continued, “it never was lawful, it never shall be lawful, to employ the army as a posse comitatus until you destroy the distinction between civil power and the military power in this country.” Id.
As the PCA is a criminal law and given the federal Empire’s love of prosecuting any and everything, one would expect numerous cases under the PCA over the past century or so. One would be mistaken. There has never been one single case brought against anyone under the PCA. This may be due to the fact that the most likely suspects are government officials. They don’t like to go after their own. Honor among thieves you know.
The closest semblance of judicial review of the PCA has been in the form of indirect rulings in cases involving other crimes. Defendants have asserted, as a defense, an alleged violation of the PCA by government officials executing some duty (such as drug enforcement). This defense universally fails. I will not bore my audience with any particular cases, though they date from at least 1975 and continue into this Century.
Oddly, I, the great authority on this matter, was once threatened with the potential of facing a PCA violation! Yes, yours truly, Perrin Lovett. It all stemmed from one of those lovely anti-family law cases of which I have previously expounded: https://perrinlovett.wordpress.com/2013/02/09/anti-family-law/. I believe it was a custody dispute.
Anyway, the defendant was a member of the U.S. Army stationed at Camp Zama in Japan. Thus, I was tasked with the trouble of perfecting International legal service of process which is not necessarily the easiest thing to do. I decided to circumvent technicalities by having the defendant simply acknowledge he had received my petition. Not having an exact address for him, I contacted several offices at the Camp in an attempt to solicit their help in the matter. The Provost Marshall’s office quickly told me they could not assist with serving a civil lawsuit without running afoul of the PCA. They actually said that; you know, from the history given here, this type of situation was not within the original intention of Congress. I pointed out that I was not asking for such, just for friendly information. As luck would have it, I located the defendant on my own and the case went forward. As usual, no-one was happy. Correction: I am happy to have avoided being the only PCA prosecution in history.
Back to reality. There have been cases innumerable of the military becoming involved in civil law enforcement – from the “war” on drugs to the massacre at Waco, to the Wounded Knee massacre, to the hunt for the D.C. snipers, etcetera, ad nauseum. Why then, have there been no criminal cases arising from the incidents?
The answer lies in the actions of both the Executive branch and, especially, with Congress. Exception after exception to the PCA have been enacted over the long years. Congress has all but rendered the PCA a dead letter to the point the Act is useless for its intended purpose.
It is somewhat interesting that, having taken the teeth away, Congress has not fully repealed the PCA. This may be because federal laws never die, they linger forever, used or not. Amazingly, as recently as 2005, the 107th Congress reaffirmed the spirit of the PCA, literally, but not meaningfully. “The Congress reaffirms the continued importance of …[the PCA] … and it is the sense of Congress that nothing in this Act [H.R. 5005 – creating the Department of Homeland Security] should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.” H.R. 5005 § 780(a) – (b).
The Homeland Security debacle … Act … followed the Patriot Act and decades of “war” on drugs, crime, and your freedom. Various National Defense Authorization Acts have followed. The result has been the complete decimation of the PCA. President Bush (No. 43) and his successor, Barack Obama, have made clear their intention to use the military whenever necessary, wherever needed, to keep us safe, of course. Obama even claims he can use military weapons to kill without Due Process. The protests against his claim are less than deafening. I protest!
I have some suggestions for changes and improvements to restore the vitality of the PCA. This is one of the few instances where you will ever hear me call for a new or continued statute. In the name of freedom, Congress should amend the PCA first to kill all of the previous exemptions. Second, they should specify that the law only applies to those members of the federal, state, or local governments who would dare to use federal military force to accomplish civil law enforcement of any kind; they could define a violation as an act of government employee-specific treason.
The punishment could be expanded accordingly. Perhaps the original punishment might be appropriate in minor cases. Others, such as those which involve the mass killing of American citizens could be made capital felonies. Congress has the Constitutional authority to also limit the review of any conviction from any court – including the Supreme Court; thus, when a high official (an attorney general for example) orders Army tanks to drive into a church and burn the worshippers within alive, that official could be convicted under the PCA and immediately hanged in public. This might serve as a warning to future would-be tyrants.
Again, this is only a suggestion. I do not relish the idea of killing even to avenge killing. I reconsider, reluctantly, when the dread act(s) have the potential of continuing against all of the free people.
This leads me back to my article on drones picking off the voting, tax-suffering public, https://perrinlovett.wordpress.com/2013/02/15/droning-on-and-on/. A President, already forbidden to use military drones against domestic targets (his already unConstitutional Orders overridden by my proposed law) might think twice about defying the law if he knew the gallows awaited his defiance.
The issues raised herein may likely lead to other related articles. All of which concern you and those you hold dear. It is your freedom, security, and happiness that drives me to raise the alarm – the same alarm raised by the Founders and the forgotten members of the forty-fifth Congress. Bless their wisdom and fore-sighted concern.
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