Afghanistan could be lost from political correctness. It would become a haven for terror attacks on our homeland. The lawyers and their military collaborators responsible for these rules should be hunted down, arrested, tried and executed. The list of these internal traitors should be compiled now.
"Rules of engagement killing U.S. soldiers. You won't believe how politics handcuff troops in Afghanistan
Posted: December 13, 2009
7:26 pm Eastern
F. Michael Maloof
© 2009 WorldNetDaily
WASHINGTON – New military rules of engagement ostensibly to protect Afghan civilians are putting the lives of U.S. forces in jeopardy, claim Army and Marine sources, as the Taliban learns to game plan based the rules' imposed limits.
The rules of engagement, or ROEs, apply to all coalition forces of the United States and the North Atlantic Treaty Organization. Their enactment is in response to Afghan President Hamid Karzai's complaints over mounting civilian deaths apparently occurring in firefights.
Despite the fact that the newly arrived U.S. commander in Afghanistan, General Stanley McChrystal, imposed the more restrictive ROEs to minimize the killing of innocent civilians, however, the Taliban is well aware of them and has its own forces acting in ways to counteract them.
The impact of new restrictions has created increasing frustration and concern among U.S. Army and Marine Corps troops who now are compelled to follow these rules despite the danger of letting the Taliban live to fight again another day.
Critics see the new ROEs being more oriented toward defensive rather than offensive operations, as evidenced by recent charges of murder against two U.S. Army snipers because they had targeted a Taliban commander who reportedly wasn't holding a weapon.
The actual ROEs are said to be classified U.S. and NATO secrets, but based on individual soldier accounts, those restrictions include the following:
* No night or surprise searches
* Villagers are to be warned prior to searches
* Afghan National Army, or ANA, or Afghan National Police, or ANP, must accompany U.S. units on searches
* U.S. soldiers may not fire at insurgents unless they are preparing to fire first
* U.S. forces cannot engage insurgents if civilians are present
* Only women can search women
* Troops can fire on insurgents if they catch them placing an IED but not if insurgents walk away from where the explosives are."
Showing posts with label Military Lawyers. Show all posts
Showing posts with label Military Lawyers. Show all posts
Sunday, December 13, 2009
Tuesday, December 8, 2009
An Alternative Criminal Justice System, Not Supported by Lawyers
Crimes should be categorized by the harm done. All crime should be strict liability crime, to avoid the unlawful, church derived proof of intent. Then all sentencing should be based on the person, since incapacitation is the sole useful, mature, and valuable aim of the criminal law. This is the view from the taxpayer and owner of the law. The victims and defendants have other interests, but they can buy their own justice systems to pursue those.
Sentencing could look very different. A murderer could be sent home on probation. A shoplifter could be executed. The simplest way to decide on sentencing is to count the convictions and the reliably assessed conduct of the defendant. So the shoplifter's mother is interviewed. She reports, he is the head of an organized illegal alien gang, and has ordered the execution of many people, and is responsible for the homicide of innocent bystanders by his incompetent bomb placements. These statements are corroborated by detectives.
The shoplifting charge stands in for his 100's of crimes, and is an opportunity for incapacitation. He is not being incapacitated for shoplifting but for his character. The death penalty would no longer be viewed as a punishment nor as a deterrent. It would be viewed as social self-defense and expulsion from our world after wearing out its welcome (damages above $6 million is a good line to draw, from the economist derived market value approach to valuing a human life).
This is a scheme that places a priority on public safety. If it does not work, it should be jettisoned. It may work by attrition.
The judiciary should conduct the guilt phase, in an ordinary trial.
The executive would be responsible for the sentencing and for any public safety harm stemming from setting the defendant loose. The sentencing decisions should be made blinded to the race, gender and other characteristics of the defendant. I don't know whether age should be removed from consideration. Age is second to recidivism as a predictor of future crime. Forget the interview of the defendant. That is a waste of time. The victims of the released criminal should be able to sue the officials and the agency that negligently released him. A standard of professional care could apply here rather than a strict liability approach. Otherwise no one would be released.
Every crime statute should be validated as seeking to prevent a big harm, or repealed. Desuetude should repeal the statute automatically. Legal hoaxing violates the Equal Protection Clause. And the false notice of desuetude is a regulatory taking by forcing legal costs.
The lawyer would remain as an advocate at every stage of this scheme. He could not serve as judge, nor as decision maker in the sentencing phase.
The validation of any scheme whether from 1828 or from 2028, is the drop in crime victimization, the sole mature aim of the criminal law. If a scheme does not work, enhance or replace it every 10 years.
Sentencing could look very different. A murderer could be sent home on probation. A shoplifter could be executed. The simplest way to decide on sentencing is to count the convictions and the reliably assessed conduct of the defendant. So the shoplifter's mother is interviewed. She reports, he is the head of an organized illegal alien gang, and has ordered the execution of many people, and is responsible for the homicide of innocent bystanders by his incompetent bomb placements. These statements are corroborated by detectives.
The shoplifting charge stands in for his 100's of crimes, and is an opportunity for incapacitation. He is not being incapacitated for shoplifting but for his character. The death penalty would no longer be viewed as a punishment nor as a deterrent. It would be viewed as social self-defense and expulsion from our world after wearing out its welcome (damages above $6 million is a good line to draw, from the economist derived market value approach to valuing a human life).
This is a scheme that places a priority on public safety. If it does not work, it should be jettisoned. It may work by attrition.
The judiciary should conduct the guilt phase, in an ordinary trial.
The executive would be responsible for the sentencing and for any public safety harm stemming from setting the defendant loose. The sentencing decisions should be made blinded to the race, gender and other characteristics of the defendant. I don't know whether age should be removed from consideration. Age is second to recidivism as a predictor of future crime. Forget the interview of the defendant. That is a waste of time. The victims of the released criminal should be able to sue the officials and the agency that negligently released him. A standard of professional care could apply here rather than a strict liability approach. Otherwise no one would be released.
Every crime statute should be validated as seeking to prevent a big harm, or repealed. Desuetude should repeal the statute automatically. Legal hoaxing violates the Equal Protection Clause. And the false notice of desuetude is a regulatory taking by forcing legal costs.
The lawyer would remain as an advocate at every stage of this scheme. He could not serve as judge, nor as decision maker in the sentencing phase.
The validation of any scheme whether from 1828 or from 2028, is the drop in crime victimization, the sole mature aim of the criminal law. If a scheme does not work, enhance or replace it every 10 years.
Monday, December 7, 2009
Military Lawyers Continue to Second Guess Our Warriors, Protecting the Enemy
They embed themselves into tactical units. They cancel orders to bomb terrorist locations and targets. This is unbearable betrayal of our nation by disloyal cult criminals. They only care about the rent, and not about our national safety.
"Two Navy SEALs accused in the mistreatment of an Iraqi suspect in the 2004 slayings of four U.S. contractors were arraigned in military court Monday, and one SEAL said he was gratified by support from the public and some members of Congress.
The judge scheduled courts-martial next month for Petty Officer 2nd Class Matthew McCabe of Perrysburg, Ohio, and Petty Officer 1st Class Julio Huertas of Blue Island, Ill. A third SEAL will be arraigned later.
The SEALs have received an outpouring of public support on the Internet, and a California congressman has led a campaign urging Defense Secretary Robert Gates to intervene. About three dozen protesters, including the mother of one of the slain contractors, stood outside the Norfolk Naval Station gate Monday morning holding signs of support.
McCabe is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee, and lying to investigators. He deferred entering a plea until his Jan. 19 trial.
McCabe told reporters he was confident he would be exonerated."
"Two Navy SEALs accused in the mistreatment of an Iraqi suspect in the 2004 slayings of four U.S. contractors were arraigned in military court Monday, and one SEAL said he was gratified by support from the public and some members of Congress.
The judge scheduled courts-martial next month for Petty Officer 2nd Class Matthew McCabe of Perrysburg, Ohio, and Petty Officer 1st Class Julio Huertas of Blue Island, Ill. A third SEAL will be arraigned later.
The SEALs have received an outpouring of public support on the Internet, and a California congressman has led a campaign urging Defense Secretary Robert Gates to intervene. About three dozen protesters, including the mother of one of the slain contractors, stood outside the Norfolk Naval Station gate Monday morning holding signs of support.
McCabe is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee, and lying to investigators. He deferred entering a plea until his Jan. 19 trial.
McCabe told reporters he was confident he would be exonerated."
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