Thursday, October 28, 2010
WTF is happining here?
This drives me nucken futs.
Has it gotten to the point that persons that are not authorized to be in this country are now demanding that they receive the benefits of citizenship with out having to go through the process of properly becoming a citizen.
These ingrates need to go the hell home.
Saturday, October 23, 2010
It's your problem
Friday, January 29, 2010
Law of war
There is much noise out there in this interweb thingie reference the pending closure of Club Gitmo and the campers currently vacationing on the American taxpayer's dime.
Lets start at the beginning. The enemies of the west (the United States) have conducted operations against US interests at home and overseas for decades. Just because one side is slow to pick up on the clues does not change the fact that a defacto state of war has been in effect. Sense 2001, the left in this country has been all pissie when "all of the sudden" the Commander In Chief of the Armed Forces of the United States of America goes before the Congress of the United States and requests formal authorization. The Congress authorized the use of force. Apparently, The democrats in the Congress did not think that the POTUS would exercise that authority (although POTUS already had congressional authority to use force, given to the last administration).
So, in response to the attack of 11 Sept, 2001, POTUS ordered up a large can of woop ass opened up on the piles of human wreckage the was fingered as the ones responsible.
The Taliban falls as a government in 3 weeks. The US put less than 15,000 sets of boots on the ground for that little party.
That little bag of camel shit in Baghdad was giving the world the finger for the last 10 years. Refusing to live up to it's Cease Fire obligations. TO wit, fully account for all WMD. He did not. HE paid the price for the games that he played. Remember that the 42’nd POTUS allowed the Baghdad punk to act like a spoiled brat by failing to comply with the cease-fire agreement of 1991. This is the reason that you will find it difficult to negotiate with instable leaders of countries hostile to the interests of the United States.
Now on to the meat.
The 225 or so piles of “human” wreckage have a problem. Are they or are they not EPW’s as defined by international treaty. That will depend on who you ask and the details of the manner of how the person comes to be in the custody of the US Military. For the most practical reasons, US forces in the field are trained to treat by default all persons captured/detained in the theater of operations (battle field) as EPW’s (enemy prisoner of war). The guy at the vary point of the spear doesn’t have to time to sort all the different treaty classifications of persons that are found on the battlefield. We have been trained to use the 5 “S’s” search, silence, segregate, safeguard and speed. We are also trained to treat all captured or detained persons as EPW’s. It is not up to the capturing element to make that determination as to their status according to the law of war. That’s the job of the MI/MP unit that runs the PW collection point.
Like I said, we use the 5 S’s
Search – Search the captured person to insure that there is no weapons or any other item of intelligence importance. All items removed from the PW are to be tagged with the date/time and location of capture, capturing unit and evacuated though the S-2 chain. All items of a purely personal nature are to be returned to the person. The PW is to retain any personal safety equipment (helmet, protective mask).
Segregate – Separate captured persons (enlisted/NCO/Officer, male/female)
Silence – keep them quiet. Do not allow them to talk amongst themselves.
Safeguard – The capturing power is now responsible for the personal safety of the PW. Do not allow anyone to harm, harass, or otherwise injure the PW.
Speed – Evacuate the PW to the PW collection point ASAP.
See, at the pointy end of the stick, the options available for the classification of the captured person is zero. Any person grabbed is treated as a EPW the people higher will sort it out at their leisure.
Now, moving right along, when the EPW arrives at the PW collection point, usually at the brigade trains, they are further sorted, initial interviews conducted personal classified and the other treaty required actions are taken care of.
Under international law, (an interesting concept) over time rules of the ‘game’ have evolved to keep the confusion to a minimum. One set of rules is what makes up an ‘authorized player’. Lets go look at the generally recognized rulebook – the Geneva/Hague conventions:
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.
(6) Inhabitants of a nonoccupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading force, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
Likewise, there are rules that make a ‘civilian’ into a person deserving of the protections of the above provided they comply with the following:
The requirements specified in Article 4, paragraphs A (2) (a) to (d), GPW (par. 61) are satisfied in the following fashion:
a. Command by a Responsible Person. This condition is fulfilled if the commander of the corps is a commissioned officer of the armed forces or is a person of position and authority or if the members of the militia or volunteer corps are provided with documents, badges, or other means of identification to show that they are officers, noncommissioned officers, or soldiers so that there may be no doubt that they are not persons acting on their own responsibility. State recognition, however, is not essential, and an organization may be formed spontaneously and elect its own officers.
b. Fixed Distinctive Sign. The second condition, relative to the possession of a fixed distinctive sign recognizable at a distance is satisfied by the wearing of military uniform, but less than the complete uniform will suffice. A helmet or headdress which would make the silhouette of the individual readily distinguishable from that of an ordinary civilian would satisfy this requirement. It is also desirable that the individual member of the militia or volunteer corps wear a badge or brassard permanently affixed to his clothing. It is not necessary to inform the enemy of the distinctive sign, although it may be desirable to do so in order to avoid misunderstanding.
c. Carrying Arms Openly. This requirement is not satisfied by the carrying of weapons concealed about the person or if the individuals hide their weapons on the approach of the enemy.
d. Compliance With Law of War. This condition is fulfilled if most of the members of the body observe the laws and customs of war, notwithstanding the fact that the individual member concerned may have committed a war crime. Members of militias and volunteer corps should be especially warned against employment of treachery, denial of quarters, maltreatment of prisoners of war, wounded, and dead, improper conduct toward flags of truce, pillage, and unnecessary violence and destruction.
So, to be on the battlefield is not always a bad thing as long as the rules are followed. Break the rules and things can go very poorly for you if captured by the other side. Set the way back machine to 1945-1946. The city of Nuremburg. It’s post war Germany. The allies are in a foul mood and decided that the persons responsible for certain acts are to be called to account. So trials were set up, held, evidence heard, judgments rendered. Some acquitted, most were convicted. Those convicted were sentenced to long prison terms or to hang by the neck for the crimes that they were convicted of.
So we now have the stage set for the 21st century replay of the military tribunals. The persons (loose definition) being detained at Gitmo were to be tried by duly authorized military tribunals based on the detaining power (US) rights and duty under the laws of war.
According to treaty, any non-military person who violates any portion of the relevant provisions are subject to trial and be sentenced to up to and including death.
There is no ambiguity in this point of the LAW of WAR.
Friday, January 02, 2009
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Thursday, January 01, 2009
Happy New Year
Thursday, December 25, 2008
Christmas 2008
I's in a reflective mood this morning. I could not sleep last night. Been up sense 2 AM, was thinking about what is important to me at this time of year. The biggest thing is the fact that I get to make another trip around the sun. Ya, I's a man of simple pleasures. I have a wife and 3 children that I love (not that they detect much). A crazed cat and a faithful dog. I'm a bit of a odd fish. I don't express emotion well. I have always been a private person.Intend to keep most people at a distance to keep myself from getting hurt. I've been burned too many times.
There is nothing more important than family. Cherish them wile you still can.
Enough of this Madlin stuff. Merry Christmas to all and best wishes for the new year.
Saturday, November 22, 2008
Obama voters
The Constitution, Part 1
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Lets start pulling this apart and look at this from the perspective of plain English.
WE THE PEOPLE OF THE UNITED STATES: A hopeful declaration of who this document is from and for.
IN ORDER TO FORM A MORE PERFECT UNION: This statement of fact presupposes that the people who came up with this were aware that perfection is an unattainable goal; but, a goal to strive for nonetheless.
ESTABLISH JUSTICE: to make firm or stable or to put beyond doubt; the principle or ideal of just dealing or right action (2): conformity to this principle or ideal.
INSURE DOMESTIC TRANQUILITY: to make certain especially by taking necessary measures and precautions; of, relating to, or originating within a country and especially one's own country; the quality or state of being tranquil (free from disturbance or turmoil).
PROVIDE FOR THE COMMON DEFENCE: to take precautionary measures; for the ; relating to a community at large; the act or action of defending or capability of resisting attack.
PROMOTE THE GENERAL WELFARE: to contribute to the growth or prosperity of, or, to help bring (as an enterprise) into being; the; involving, applicable to, or affecting the whole or not confined by specialization or careful limitation; the state of doing well especially in respect to good fortune, happiness, well-being, or prosperity.
AND SECURE THE BLESSINGS OF LIBERTY: assured in opinion or expectation: having no doubt; the a thing conducive to happiness or welfare; of freedom from arbitrary or despotic control or the positive enjoyment of various social, political, or economic rights and privileges or the power of choice.
TO OURSELVES AND OUR POSTERITY: those identical ones that are we —used reflexively
DO ORDAIN AND ESTABLISH THIS CONSTITUTION OF THE UNITED STATES OF AMERICA: to establish or order by appointment, decree, or law; to fix or resolve conclusively OR o establish or secure permanently OR to take up an ordered or stable life; the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it b: a written instrument embodying the rules of a political or social organization; being in agreement; a politically organized body of people usually occupying a definite territory ; especially : one that is sovereign b: the political organization of such a body of people c: a government or politically organized society having a particular character state>
Conclusion/analysis:
The Preamble to the Constitution is an interesting collection of words and thoughts. It reflects the hopes and dreams of the people who first put this to paper back in the 1780’s. The authors had the experience with a monocracy and wanted nothing more of it. The earlier Articles of Confederation were also found to be sorely lacking. The authors knew that they could do better. This is their effort to bring order to chaos. As so many others have offered, this document is the Great Experiment in Self Governance. After the Constitutional Convention concluded, a man asked Franklin “what form of government have you given us?”, Franklin responded “A republic, if you can keep it!”.
The Constitution is the instructions to how to set up and manage the machinery of government. The Preamble gives us the ‘What’ and the ‘Why’. The rest of the document is the ‘How”
Your mileage will vary.
Monday, November 10, 2008
I'm back.
Coming soon, an in depth deconstruction of the Constitution of the United States section by section clause by clause. Please note that I am not a lawyer or a constitutional scholar. I plan to use plain english to and a dictionary to seek the founders intent.
More later.
Mudpuppy, out.
Wednesday, February 06, 2008
Calif budget mess
Sense education is mandated to be at least 40% of the general budget, that should mean that 40% of the cuts should come from education.
Aint being fair fun?
What's the difference?
Saturday, October 20, 2007
Things that make me smile.
The House Republicans found a way to save me and my fellow tax payers 30 billion bucks. They upheld the Presidents veto of the SCHIP bill. And caused a dimacrat to blow a head gasket. Not a bad start.
Rush's poison pen letter from Harry Reid sold for 2.1 million.
Sunday, September 03, 2006
NOLA a year later
That being said, who is responsible for the delay, foot dragging and assorted hoops that must be jumped through? The President, FEMME, State, County or local elected leaders? Like the hurricane itself, the left will place the blame directly at the feet of the President. Some will blame FEMA. But, no one at the state or local level will bother to look in the mirror and place the blame for the delays on the face they see in that mirror. Yes, I place the blame at those at the lowest level who are responsible for the direct delivery of services to those in the local community.
Has there been errors or delays in the delivery of federal aid? You bet. As memory serves, FEMA was slammed for not getting direct aid to the people who were effected. Then they were slammed when it was discovered that some people ripped FEMA off. All of this was political posturing designed to damage the administration and make them seem to be a bunch of cold hearted bastards or bumbing fools.
What is sick is the fact that very few have read the law that authorizes FEMA to take action and the limits of that action. If there are complaints about the way FEMA function, place pressure on the congress to change the law. Otherwise, close your pie hole.
Saturday, May 27, 2006
Tuesday, March 14, 2006
Web Part Page
Web Part Page
Thursday, March 02, 2006
Wednesday, March 01, 2006
Katrina redux
With all the screeching about the "incompetent" federal response to the hurricane, much as been lost and or distorted about just did or did not happen or when that thing may or may not have happened.
First up, the controlling legal authority:
§ 5170. PROCEDURE FOR DECLARATION {Sec. 401}
All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State's emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this Act. Based on the request of a Governor under this section, the President may declare under this Act that a major disaster or emergency exists.
(Pub. L. 93-288, title IV, § 401, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
Now, given the above, just when did the Louisiana Governor make that declaration?
Moving right along......
§ 5170a. GENERAL FEDERAL ASSISTANCE {Sec. 402}
In any major disaster, the President may--
- direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance efforts;
- coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;
- provide technical and advisory assistance to affected State and local governments for--
- the performance of essential community services;
- issuance of warnings of risks and hazards;
- public health and safety information, including dissemination of such information;
- provision of health and safety measures; and
- management, control, and reduction of immediate threats to public health and safety; and
- assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance.
(Pub. L. 93-288, title IV, § 402, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)
Then we get into the meat:§ 5170b. ESSENTIAL ASSISTANCE {Sec. 403}
- In general
Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:- Federal resources, generally
Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act. - Medicine, food, and other consumables
Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine, food, and other consumable supplies, and other services and assistance to disaster victims. - Work and services to save lives and protect property
Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including--- debris removal;
- search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine, and other essential needs, including movement of supplies or persons;
- clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services;
- provision of temporary facilities for schools and other essential community services;
- demolition of unsafe structures which endanger the public;
- warning of further risks and hazards;
- dissemination of public information and assistance regarding health and safety measures;
- provision of technical advice to State and local governments on disaster management and control; and
- reduction of immediate threats to life, property, and public health and safety.
- Contributions
Making contributions to State or local governments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection.
- Federal resources, generally
- Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance. - Utilization of DOD resources
- General rule
During the immediate aftermath of an incident which may ultimately qualify for assistance under this title or title V of this Act [42 U.S.C. §§ 5170 et seq. or 5191 et seq.], the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days. - Rules applicable to debris removal
Any removal of debris and wreckage carried out under this subsection shall be subject to section 5173(b) of this title [42 U.S.C. § 5173Â(b)], relating to unconditional authorization and indemniÂfiÂcaÂtion for debris removal. - Expenditures out of disaster relief funds
The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this Act. - Federal share
The Federal share of assistance under this subsection shall be not less than 75 percent. - Guidelines
Not later than 180 days after the date of the enactment of the Disaster Relief and Emergency Assistance Amendments of 1988 [enacted Nov. 23, 1988], the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this Act. - Definitions
For purposes of this section--- Department of Defense
The term 'Department of Defense' has the meaning the term "department" has under section 101 of title 10, United States Code. - Emergency work
The term "emergency work" includes clearance and removal of debris and wreckage and temporary restoration of essential public facilities and services.
- Department of Defense
- General rule
(Pub. L. 93-288, title IV, § 403, as added Pub. L. 100-707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4697.)
this is from the following site: http://www.fema.gov/areyouready/why_prepare.shtm
The need to prepare is real.
- Disasters disrupt hundreds of thousands of lives every year. Each disaster has lasting effects, both to people and property.
- If a disaster occurs in your community, local government and disaster-relief organizations will try to help you, but you need to be ready as well. Local responders may not be able to reach you immediately, or they may need to focus their efforts elsewhere.
- You should know how to respond to severe weather or any disaster that could occur in your area - hurricanes, earthquakes, extreme cold, flooding, or terrorism.
- You should also be ready to be self-sufficient for at least three days. This may mean providing for your own shelter, first aid, food, water, and sanitation.
Sunday, February 26, 2006
Wednesday, February 01, 2006
Freedom
We have heard time and time again that freedom isn't free.
Here is the price tag as I see it.
This nation was founded officially in 1776.
More than 25 million Americans have answered the nations call to it's defense. Of those more than 2 million Americans paid the ultimate price.
Monday, November 28, 2005
Immigration
There are things that can be done and there are things that should be done. Here is my list.
Nothing makes for good behavior like a good fence. Build the fence. We c an start modestly. Start with the high traffic areas, channelize the avenues of approach into zones that can be effectively interdicted. Closing the whole border need not be done at once. Just conduct a military terrain study. It aint rocket science.
Remove the economic incentive to employ illeagales in the US. Here is how I do this:
Federal Law - make the issue a matter of National Security. If a job site is raided and IBC's (illegal Border Crosser) are discovered and the employer is found to knowingly hired the IBC, , the following criminal penalties are enforced with no deviation or mercy - 5 years in federal prison (medium security, no 'country club') and $50,000 fine. This is to be imposed on a each IBC basis.
Oh, don't forget the 'Guest worker' program. I'm all for that, with this little twist: There will be NO guest worker permits issued within the confines of the continental United States or Alaska, Hawaii or any other US territory.
All permits will be issued from the embassy or consulate in the nation the applicacant claims citizenship from. Permits will be issued by the Department of Homeland Security after a background check determines that the person does not pose a risk to national security. An issued permit will expire 180 days from date if issue. There is no renewal provision wile in the US. The person MUST return in person to office that issued the original permit to re-apply. The permit holder must report to the local DHS office weekly to verify the status of employment and all other restrictions placed on the persons movement. If the person violates the terms and conditions of the permit, that person is subject to immediate arrest and deportation with out any other recourse. No person admitted into the territory of the US may apply for resident alien or refuge status at any time during the life of the permit or the next 180 day period after the return to their nation of origin.
