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Arizona defense contractors branch out; develop more products for foreign markets
By J. Craig Anderson The Republic | azcentral.com Sat Feb 2, 2013 3:25 PM
Defense contractors with operations in Arizona such as Raytheon Co., Honeywell International Inc. and the Boeing Co. are becoming less dependent on the U.S. military by branching out into new markets and inventing products for both defense and industry.
That includes seeking more foreign-military customers as well as developing technology with non-military applications such as mass-produced satellites, high-tech helicopter-maintenance systems and better thunderstorm detectors for commercial aircraft.
Unmanned drones and drone-based systems for both military and civilian use also play a prominent role in defense contractors’ diversification plans.
Innovation can carry a heavy cost, as Boeing learned in January when regulators grounded its revolutionary new commercial airliner, the fuel-efficient 787, over fire-safety concerns.
An investigation is under way into what caused a Jan. 7 fire inside an empty 787 “Dreamliner” parked on the tarmac at Boston’s Logan International Airport. The delay in rolling out new 787s ultimately could cost Boeing millions of dollars, aerospace-industry analysts said.
Still, officials at Boeing, Honeywell and Raytheon said constant innovation and diversification always have been essential to keeping their businesses viable.
“At some point, all programs go away,” said Randy Gricius, Space Applications Program manager for Raytheon Missile Systems in Tucson. “You’ve got to continue to look for growth.”
Raytheon has been working on two new products at its Tucson facility: a small guided missile for drones known as Pyros and a line of relatively inexpensive, mass-produced military imaging satellites called SeeMe.
Although both products are being developed for U.S. military use, company officials said Pyros is likely to appeal to foreign allies, and SeeMe could be used by Earth-mapping companies and global-warming researchers.
Pyros is unlike anything Raytheon Missile Systems ever has produced, said J.R. Smith, senior manager of advanced-missile-systems business development.
At 22 inches long and 12 pounds, it is by far the smallest laser-guided missile Raytheon has produced and the first missile designed specifically for drones.
“It’s kind of outside the box of what we normally do,” Smith said.
SeeMe is an even greater departure for the company’s Tucson operation, Gricius said, but it made sense because of Raytheon Missile Systems’ mass-production experience.
SeeMe satellites will sell for $500,000 each, Gricius said, and an innovative system of launching them into low-Earth orbit from high-flying aircraft will cut the deployment cost to about $1million.
By comparison, launching a satellite with a Pegasus missile costs more than $30million, he said.
While Pyros missiles are expected to generate big revenue from foreign customers, SeeMe will be difficult to sell overseas because of prohibitive federal regulations governing satellite sales, Gricius said.
Still, the satellites could be used by non-military customers such as National Aeronautics and Space Administration, as well as U.S. companies that provide images to online mapping services like Google Earth.
Honeywell Aerospace in Phoenix also is tapping deeper into commercial markets with two recently developed products, Health and Usage Monitoring Systems, or HUMS, and the IntuVue 3-D Weather Radar.
HUMS is an onboard diagnostic tool for military and commercial helicopters that measures the health and performance of critical components and can detect mechanical faults before they become catastrophic failures, company officials said.
According to Honeywell, HUMS already is saving the military tens of millions of dollars and thousands of maintenance-related hours each year.
Company officials hope those figures will resonate with commercial customers looking to save time and money on helicopter maintenance.
IntuVue is an upgraded aerial radar system for commercial airliners that can detect potentially dangerous storm conditions more than 350 miles away.
It includes new capabilities to detect turbulence, hail and lightning up to 10 minutes in advance of storm cells in an aircraft’s flight path, a company official said.
“The IntuVue was designed from the ground up to provide pilots with superior information about the location of true weather threats, such as hail and lightning, relative to their aircraft,” said Ratan Khatwa, a senior chief engineer at Honeywell Aerospace.
The predictive hail and lightning system uses complex algorithms that analyze data captured from constant radar scanning from ground level to 60,000 feet and out to 320 nautical miles, equivalent to about 368 miles.
Carl Esposito, vice president of marketing and product management for Honeywell Aerospace, said the company has gotten its reliance on the U.S. military for revenue down to less than 25percent by expanding both commercial and foreign business.
“More than 50 percent of our business is in the commercial area, with customers like Boeing, Airbus, Embraer and Gulfstream,” Esposito said. “In defense, we are nearly evenly split between U.S. business and the rest of the world. We continue to expand in a variety of emerging regions throughout Asia-Pacific, Latin America, India and elsewhere.”
Foreign-military sales by defense contractors are limited by two key sets of regulations: the International Traffic in Arms Regulations and Export Administration Regulations.
The U.S. Directorate of Defense Trade Controls maintains an ever-changing list of trade policies and embargoes that dictates what kinds of products, if any, can be sold to a particular country.
Several countries — including North Korea, Cuba, Iran and China — are perennially restricted from purchasing weapons technology from U.S. companies.
Still, weapon sales to most countries in the world are possible, although they must be evaluated and approved by the U.S. government on a case-by-case basis.
Foreign sales of commercial products such as aircraft-guidance and diagnostic systems are far less restricted and represent a huge potential market for Arizona defense contractors, industry representatives said.
“As air-traffic-management needs greatly increase in markets like China, India and the Middle East, we are well-positioned to bring solutions to those markets that support infrastructure growth while providing the latest in technology and safety advancements,” Esposito said. “This is a core focus for Honeywell now and into the future.”
Reach the reporter at craig.anderson@arizonarepublic.com or 602-444-8681.
Supreme Court to hear fight over taking DNA from arrested people
When fingerprinting came out the freedom fighters of that era said it was a violation of the 4th and 5th Amendments for the government to force people to have their fingerprints taken and used against them.
The Fifth Amendment says:
nor shall [any person] be compelled in any criminal case to be a witness against himself
The Fourth Amendment says:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Sadly those freedom fighters lost and the government tyrants flushed the 4th and 5th down the toilet and every day any one arrested is usually fingerprinted.
Sadly I suspect the same thing will happen with DNA tests.
Source
Supreme Court to hear fight over taking DNA from arrested people
Supreme Court to hear DNA challenge
By David G. Savage, Washington Bureau
February 2, 2013, 10:12 p.m.
WASHINGTON — On a cold February night three years ago, police in suburban Arlington, Va., received a frantic call. A young woman said her roommate had been abducted at gunpoint by a short, clean-shaven man who sped away in a silver SUV.
At dawn, a motorist spotted the victim in a snowy field near a highway, raped and strangled, but alive. An alert officer, hearing the lookout report, recalled that he'd jotted down the license tag of a silver Dodge Durango whose driver lurked near bars at midnight, leading to the quick arrest of a short, clean-shaven Marine named Jorge Torrez.
Ten years ago, Virginia became the first state to require, upon arrest for a serious crime, a mouth swab for DNA. The sample from Torrez, sent to a state crime lab and entered into the FBI's DNA database, confirmed he was the rapist. A few weeks later a DNA match also led to charges against him in the rape and murder of two girls, ages 8 and 9, in Zion, Ill., where Torrez had gone to high school. Jerry Hobbs, the father of one of the girls, had been in prison for the crimes.
This month, the U.S. Supreme Court will take up a privacy rights challenge to taking DNA from people who are arrested. The case could either end the practice or make it the norm nationwide.
Arlington County Deputy Police Chief Daniel Murray says the Torrez case shows the value of taking DNA when someone is arrested for a serious crime. "It's extremely important to quickly identify someone who would be a danger to society if he were on the loose," he said. And in this instance, he said, the DNA match freed an innocent man.
Nationwide, DNA samples are taken from people who are convicted of violent crimes.
Going further, the federal government and 28 states, including California, Illinois and Florida, now take DNA samples from some or all who are arrested but not yet convicted of serious crimes. Besides taking fingerprints, the standard jail booking now often includes taking a DNA swab, which prosecutors say is as simple and painless as brushing your teeth.
Last month, President Obama signed into law the Katie Sepich Enhanced DNA Collection Act, which will help pay the start-up costs for other states to begin testing people who are arrested.
"The whole purpose of this is to find serial rapists and murderers and to get them early to save innocent lives," said Jayann Sepich, a New Mexico mother whose daughter Katie was raped and murdered. Her attacker was arrested several times, but he was not identified until he was convicted of another crime and his DNA was taken.
California prosecutors say arrests for nonviolent crimes, including drug offenses, credit card fraud and burglary, have led them to rapists and murderers, thanks to DNA tests.
But the constitutionality of taking DNA upon arrest remains in doubt, particularly when it is not needed to identify the suspect. For example, police do not need DNA to identify someone who is caught with drugs or breaking into a house.
A state appeals court in San Francisco and a federal judge in Sacramento ruled it was unconstitutional to require a DNA sample from someone who had been arrested but not convicted. The California Supreme Court and the U.S. 9th Circuit Court of Appeals have put the issue on hold pending a ruling from U.S. Supreme Court.
The justices will hear the case of Maryland vs. King to decide whether requiring DNA from someone taken into custody but not convicted is an "unreasonable search" forbidden by the 4th Amendment.
In 2009, Alonzo King from Salisbury, Md., was arrested for waving a shotgun in a threatening manner. That was a felony charge, calling for a DNA test. He later pleaded guilty to a lesser charge for which no DNA test was required. But the DNA sample taken upon arrest pointed to him as the man who had broken into a house and raped a woman six years earlier. King was convicted and given a life term.
But Maryland's high court threw out his conviction and ruled police may not take DNA without a search warrant and some reason to believe the suspect had committed another offense. "DNA samples contain a massive amount of deeply personal information," far more than a fingerprint, the state judges said.
Civil liberties advocates have urged the court to hold the line and to bar DNA searches until someone has been convicted.
"This could be an unprecedented expansion of search power. The rule has been the government has to have a specific suspicion before they search," said Erin Murphy, a DNA law expert at New York University. "If you are arrested for a drug crime, that doesn't mean the police can walk into your house looking for evidence of other crimes."
But victims rights groups, the Obama administration and the top state attorneys from California and 48 other states have urged the court to rule that routine DNA testing upon arrest is reasonable and constitutional. They say the mouth swab is a minor invasion of privacy at most and that it has an extraordinary potential for solving heinous crimes.
david.savage@latimes.com
Military serial killer murdered???
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‘American Sniper’ Author Shot and Killed in Texas
By THE ASSOCIATED PRESS
Published: February 3, 2013
GLEN ROSE, Texas — The authorities in Texas said a man had been charged in the shooting deaths of a former Navy SEAL and author of "American Sniper," Chris Kyle, and a second man at a Texas gun range.
Sgt. Lonny Haschel with Texas Department of Public Safety said Sunday in a statement that Eddie Ray Routh, 25, of Lancaster was arraigned late Saturday on two counts of capital murder.
Mr. Kyle wrote the best-selling book, “American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History,” detailing his 150-plus kills of insurgents from 1999 to 2009.
Mr. Haschel said Erath County deputies responded to a shooting at the Rough Creek Lodge west of Glenn Rose at about 5:30 p.m. Saturday and found the bodies of Mr. Kyle, 38, and a second man, 35-year-old Chad Littlefield. Glenn Rose is about 50 miles southwest of Fort Worth.
The police said Mr. Routh opened fire on the two men at about 3:30 p.m. Saturday, then fled in a Ford pickup truck. At about 8 p.m., Mr. Routh arrived at his home in Lancaster, about 17 miles southeast of Dallas. Police arrested him after a brief pursuit and took him to the Lancaster Police Department.
The Lancaster Police Department referred all calls to the Texas Department of Public Safety in Garland, and a phone message about where Mr. Routh is being held was not immediately returned Sunday.
The motive for the shooting was unclear.
A statement from Travis Cox, director of FITCO Cares, a nonprofit Mr. Kyle helped start, said he had served four tours of duty. He is survived by his wife, Taya, and their children, the agency’s statement said.
Mr. Kyle was sued by the former governor of Minnesota, Jesse Ventura, over a portion of the book that claims Mr. Kyle punched Mr. Ventura in a 2006 bar fight over unpatriotic remarks. Mr. Ventura says the punch never happened and that the claim by Kyle defamed him.
Mr. Kyle had asked that Ventura’s claims of invasion of privacy and "unjust enrichment" be dismissed, saying there was no legal basis for them. But a federal judge said the lawsuit should proceed. Both sides were told to be ready for trial by Aug. 1.
British police used dead children's IDs
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Report: British police used dead children's IDs
By RAPHAEL SATTER | Associated Press
LONDON (AP) — The Guardian newspaper says that London's Metropolitan Police Service stole the identities of dozens of dead children to use as aliases for undercover officers, mining those children's personal histories to build covers and even issuing fake passports in their names.
The allegation is another potential embarrassment for Scotland Yard's undercover program, which has previously been rocked by revelations that police spies had sex with their targets and fathered children with activists under surveillance.
It wasn't exactly clear how long or often the police used the dead children's identities. The Guardian said it had seen a document suggesting that around 80 officers used such identities between 1968 and 1994, but said that one case may be as recent as 2003.
Police said in a statement Monday that they had received a formal complaint about the practice and "appreciate the concerns." The practice "is not something that would currently be authorized," they said.
Stealing the identities of dead people is a classic piece of spycraft and features prominently in Frederick Forsythe's famed 1971 thriller "The Day of the Jackal."
But lawmakers and law enforcement officials were left wondering Monday whether taking on the identity of a dead child was an appropriate technique for British police. Opposition lawmaker Keith Vaz told Sky News television "that the parents of those involved should be informed immediately."
The Guardian, which has run a series of stories exposing the seamy side of Scotland Yard's undercover work, based its story on detailed accounts provided by two undercover officers — neither of whom it identified by name — and an ex-girlfriend of a third one, who was identified with a pseudonym.
The newspaper said all three men were members of Scotland Yard's Special Demonstration Squad, which was disbanded in 2008.
One of them, the newspaper said, assumed the identity of an eight-year-old boy who died of leukemia in 1968 — going so far as to assume the boy's hometown and even his parents' names when he infiltrated an anti-capitalist group in the 1980s. The officer was found out when he left his girlfriend — part of the group he was spying on — and she pulled up his vital records in an effort to track him down.
The newspaper described her horror when she realized that the person her boyfriend was pretending to be had died 25 years ago.
Former director of public prosecutions Ken Macdonald said that the latest revelation, coupled with past reporting about undercover officers fathering children with their targets, suggested a police force gone wrong.
"How are you supposed to maintain a level of fair and objective evidence-gathering if you are having sex with the person you are targeting, fathering a baby and then abandoning it, using a dead child's identity?" he said in an interview with BBC radio.
"These are all examples of areas in which the police have completely lost their moral compass and have completely failed to understand the boundaries," he said. "We don't know quite how these units were operating in days gone by. It looks as though they've effectively gone rogue."
Kyrsten Sinema a gun grabber???
From this articles Kyrsten Sinema certainly sounds like a gun grabber.
I should also note that US Congresswoman Kyrsten Sinema
when she was a member of the Arizona Legislator tried to slap
a 300 percent tax on medical marijuana.
She is fairly well hated in Arizona for that.
Source
County attorney says he would bring gun to a hearing
By Brahm Resnik 12 News Fri Feb 1, 2013 6:14 PM
"Sunday Square Off" is the leading weekend political news program in Arizona. "Square Off's" newsmaker interviews feature elected officials at the national, state and local levels. Our political roundtables bring together insiders with unique perspectives on the stories of the day and insight on what's next.
This Sunday
• Congresswoman Kyrsten Sinema
• Maricopa County Attorney Bill Montgomery
• State Rep. John Kavanagh
• Promise Arizona's Petra Falcon
• Panel: Chris Herstam, Christina Martinez, Stan Barnes
Maricopa County attorney says he would bring weapon into a hearing
Maricopa County Attorney Bill Montgomery says he would probably carry a gun into a mediation hearing like the one that led to the fatal shootings this week of a Phoenix lawyer and his client.
Montgomery is one of my newsmaker guests on this weekend's special edition of "12 News Sunday Square Off." The show was taped before a studio audience taking part in a daylong "Politics and the Press" event sponsored by ASU's Cronkite School of Journalism, the Arizona Republic and 12 News.
Also on the show:
-Congresswoman Kyrsten Sinema (D-9th District) says she believes universal background checks on gun buyers have the best chance of passing Congress this year.
-Republican State Rep. John Kavanagh, a border hawk, debates Promise Arizona executive director Petra Falcon, an immigrant rights advocate, on the new immigration plans released this week.
--The roundtable of Stan Barnes, of Copper State Consulting; Christina Martinez, of Adalante Public Affairs; and 12 News political insider Chris Herstam make the cold political calculations on which big bills -- immigration reform and gun controls -- can get through Congress.
"12 News Sunday Square Off" airs at 8 a.m. Sunday on 12 News, right after "Meet the Press."
Nude photos of Tucson cop Lt. Diana Lopez
I wonder when these cops ever have time to hunt down real criminals.
Now I said real criminals, and I meant real criminals, not busting harmless pot smokers and other victimless drug war criminals which account for two thirds of the people the police send to prison.
I don't have a problem if Tucson cop Lt. Diana Lopez wants to shoot naked photos of her self and send them to her co-workers, but maybe she should limit these activities to her off time and not do it at work.
And the same for here boyfriend cop. I don't have a problem if he and his buddies look at naked pictures of Lt. Diana Lopez, but they shouldn't be doing it at work.
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Tucson policewoman demoted after explicit videos
Associated Press Mon Feb 4, 2013 7:47 PM
TUCSON — A Tucson police lieutenant has been demoted after allegedly taking sexually explicit photos and videos of herself wearing her police uniform.
Police said Monday that Lt. Diana Lopez used her personal cellphone to send videos and photos to a subordinate officer with whom she was in a relationship. They say Lopez was reduced to the rank of sergeant following an investigation that began last August.
The Arizona Daily Star
(http://bit.ly/WMXjxM ) says anonymous letters sent to the police department about Lopez prompted the probe.
A police report says Lopez’s boyfriend apparently showed the videos and photos to other officers from May 2011 through August 2011.
Police say Lopez violated several department regulations, code of ethics and professional standards. They say a recommendation was made to reduce her in rank.
Source
Tucson policewoman demoted over sexually explicit photos, video
Carmen Duarte Arizona Daily Star
A Tucson police lieutenant was demoted after officials said she took sexually explicit videos and sexually provocative photos of herself wearing her police uniform and sent them to a subordinate officer with whom she was in a relationship, department officials said Monday.
Lt. Diana Lopez, a former public information officer for the department, was reduced to the rank of sergeant following an investigation that began in August 2012. Anonymous letters sent to the department about Lopez prompted the probe, according to a report that was released Monday.
The department did find that Lopez took sexually explicit videos and at least one provocative photo where she was wearing a Tucson police uniform shirt. She sent those images and videos using her personal cell phone to the subordinate officer.
That officer then apparently showed the videos and photos to other TPD officers, the report said. This happened between May 2011 through August 2011, the report said.
Lopez violated several department regulations, code of ethics and professional standards and a recommendation was made to reduce her in rank from lieutenant to sergeant, the report said.
"Justice Dept justifies killing Americans if they pose ‘imminent threat
I saw a blurb on MSNBC network about this and they seemed to say that the Obama Administration was greatly stretching the term ‘imminent threat’ to mean that if they kinda, sorta, maybe think their might be a tiny threat to US security it will justify them to murder any American citizen they feel like anywhere on the planet.
Of course you have to remember that MSNBC reports the news as objectively and unbiased as the FOX network reports it so you have to take that with a grain of salt.
Here is a
link
to the 16 page document is titled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of al-Qaeda or An Associated Force.” which was released by NBC.
[http://msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf ]
Source
Justice Dept. document justifies killing Americans overseas if they pose ‘imminent threat’
By Karen DeYoung, Published: February 4
The United States can lawfully kill a U.S. citizen overseas if it determines the target is a “senior, operational leader” of al-Qaeda or an associated group and poses an imminent threat to the United States, according to a Justice Department document published late Monday by NBC News.
[http://msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf ]
The document defines “imminent threat” expansively, saying it does not have to be based on intelligence about a specific attack since such actions are being “continually” planned by al-Qaeda. “In this context,” it says, “imminence must incorporate considerations of the relevant window of opportunity” as well as possible collateral damage to civilians.
Guiding the evolving U.S. counterterrorism policies: White House counterterrorism adviser John O. Brennan is compiling a “playbook” that will lay out the administration’s evolving procedures for the targeted killings that have come to define its fight against al-Qaeda and its affiliates.
The memos outline the case for the targeted killing of U.S. citizens in counterterror operations overseas.
It says that such determinations can be made by an “informed, high-level official of the U.S. government.”
NBC said the document was provided by the Obama administration last summer to members of the Senate Intelligence and Judiciary committees as a summary of a classified memo on targeted killings of U.S. citizens prepared by the Justice Department’s Office of Legal Counsel.
The memo was written months prior to a September 2011 drone strike in Yemen that killed Anwar al-Awlaki, a U.S.-born Muslim cleric accused of helping al-Qaeda’s Yemeni affiliate plan attacks against the United States. Three other Americans, including Awlaki’s 16-year-old son, have also been killed in U.S. strikes in Yemen.
The Obama administration, in decisions upheld in federal court rulings, has repeatedly denied demands by lawmakers, civil rights groups and the media to release the memo and other information on targeted killings — or even to acknowledge their existence. Senators are expected to closely question John O. Brennan, President Obama’s chief counterterrorism adviser, on drone strikes, the memo and the Awlaki killing during Brennan’s confirmation hearing Thursday on his nomination to become Obama’s new CIA director.
Justice officials could not be reached for comment on the document, which NBC posted on its Web site. The 16-page document is titled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of al-Qaeda or An Associated Force.”
In announcing Awlaki’s death, Obama described him as the leader of “external affairs” of Yemen-based al-Qaeda in the Arabian Peninsula.
The American Civil Liberties Union on Monday night called the document a “profoundly disturbing” summary of “a stunning overreach of executive authority — the claimed power to declare Americans a threat and kill them far from a recognized battlefield and without any judicial involvement before or after the fact.”
The ACLU sought the original Justice Department memo as part of a case dismissed last month by a federal judge in New York. Last Friday, the ACLU filed a notice of appeal in that case.
“Needless to say, the white paper is not a substitute for the legal memo. But it’s a pretty remarkable document,” ACLU Deputy Legal Director Jameel Jaffer said.
[http://msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf ]
Source
Justice Department memo: Drone strikes on U.S. citizens can be legal
By Cheryl K. Chumley
The Washington Times
Tuesday, February 5, 2013
The U.S. Justice Department finds it legal to target American citizens with drone strikes under certain circumstances, according to a memo that just surfaced.
The undated memo, titled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operation Leader of al Qaeda or An Associated Force,” was obtained by NBC News. The memo defines as legal drone attacks on U.S. citizens who were involved in violent attacks, according to United Press International.
[ The memo can be viewed here
http://msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf ]
Specifically, the memo states: “The condition that an operational leader present an ‘imminent’ threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,” according to UPI. Citizens who present such “imminent threats” were defined as those who participated in violent acts — and maintained the views that led to their violent acts, according to UPI.
In those instances, a fatal drone attack would be considered a “legitimate act of national self-defense that would not violate the assassination ban,” according to the memo.
The memo was distributed to various members of Senate and House intelligence committees.
Source
Drone strikes on Americans on U.S. soil are LEGAL, says confidential Justice Department memo
By Damian Ghigliotty
PUBLISHED: 23:58 EST, 4 February 2013
The U.S. government can order the killing of American citizens if they are believed to be ‘senior operational leaders’ of the Islamic terrorist organization Al Qaeda or ‘an associated force,’ according to a confidential Justice Department memo leaked on Monday.
The U.S. government can do so even if there is no clear evidence that the American targeted is engaged in an active plot to attack the U.S.
The news was first reported by NBC’s Open Channel, which obtained a copy of the 16-page document and released it to the public.
The undated memo, which is not an official legal document, sheds new light on the reasoning behind a reported increase in the number of drone strikes used against Al Qaeda suspects in recent years -- including those aimed at American citizens -- under the Obama administration.
The memo, ‘Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force,’ was reportedly provided to members of the Senate Intelligence and Judiciary committees in June by unnamed administration officials.
It was provided on the condition that authorities keep the memo confidential and not discuss its contents publicly, according to NBC.
‘The condition that an operational leader present an “imminent” threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future,’ the memo states.
Insight: The document sheds new light on the legal reasoning behind a reported increase in the number of drone strikes used against al-Qaida suspects in recent years, including those aimed at American citizens
Insight: The document sheds new light on the legal reasoning behind a reported increase in the number of drone strikes used against al-Qaida suspects in recent years, including those aimed at American citizens
The Justice Department told MailOnline that it would not comment on the news.
The Obama administration has remained relatively hush about reports of increased drone strikes carried out since 2008.
The Long War Journal reports that the U.S. has been conducting a covert program to target and kill Al Qaeda and Taliban commanders in Pakistan's northwest region.
‘The US ramped up the number of strikes in July 2008, and has continued to regularly hit at Taliban and Al Qaeda targets inside Pakistan,’ the non-profit news outlet writes.
‘There have been 332 strikes total since the program began in 2004; 322 of those strikes have taken place since January 2008.’
The New York Times reported in November that the Obama administration had been mapping out a strategy weeks before the presidential election to develop definitive rules for the targeted killing of terrorists by drones, so that a new president would ‘inherit clear standards and procedures’ if Obama was not re-elected.
The secrecy surrounding such strikes may soon be unraveled, as indicated by the release of the 16-page Justice Department memo.
Proponent: John Brennan, Obama's pick for CIA director, has called drone strikes 'consistent with our inherent right of national self-defense'
John Brennan, a White House counter-terrorism adviser, one of the leading architects behind the government’s drone policy and Obama’s pick to become the country’s new CIA director, is expected to face tough questions about his involvement in Obama’s drone program during his Senate confirmation hearing on Thursday.
Brennan was the first administration official to formally acknowledge drone strikes in a speech he gave at the Woodrow Wilson Center in April 2012, calling drone strikes ‘consistent with our inherent right of national self-defense.’
A bipartisan group of 11 senators wrote a letter to Obama on Monday asking his administration to provide its legal justification for its use of drone strikes over the past four years.
‘We ask that you direct the Justice Department to provide Congress, specifically the Judiciary and Intelligence Committees, with any and all legal opinions that lay out the executive branch's official understanding of the President's authority to deliberately kill American citizens,’ the senators lead by Democrat Ron Wyden of Oregon wrote in their letter.
Political blogger Marcy Wheeler, who says she has closely tracked the group’s repeated requests, writes that it was at least the 12th time Congress had asked for those documents.
Among the overseas attacks that have killed U.S. citizens with terrorist ties on Obama's watch, a September 2011 missile strike in Yemen took out alleged Al Qaeda members Anwar al-Awlaki and Samir Khan.
Both men were U.S. citizens who had never been indicted by the U.S. government or charged with any specific crimes.
Read the full Justice Department white paper released on Monday night
here.
[http://msnbcmedia.msn.com/i/msnbc/sections/news/020413_DOJ_White_Paper.pdf ]
U.S. counterterrorism efforts in Africa defined by a decade of missteps
When you read articles like this it makes you realize that the American Empire is a real Empire, that the sun never sets on just like the British Empire.
Source
U.S. counterterrorism efforts in Africa defined by a decade of missteps
By Craig Whitlock, Published: February 4
The U.S. military was closely tracking a one-eyed bandit across the Sahara in 2003 when it confronted a hard choice that is still reverberating a decade later. Should it try to kill or capture the target, an Algerian jihadist named Mokhtar Belmokhtar, or let him go?
Belmokhtar had trained at militant camps in Afghanistan in the 1990s, returned home to join a bloody revolt and was about to be blacklisted by the United Nations for supporting the Taliban and al-Qaeda. But he hadn’t yet attacked Americans and did not appear to pose a threat outside his nomadic range in the badlands of northern Mali and southern Algeria.
U.S. military commanders planned airstrikes against Belmokhtar and a band of Arab militants they had under surveillance in the Malian desert, according to three current and former American officials familiar with the episode. But the U.S. ambassador to Mali at the time vetoed the plan, saying a strike was too risky and could stir a backlash against Americans.
Since then, Belmokhtar has gradually helped build an al-Qaeda-branded network while expanding his exploits as a serial kidnapper, smuggler and arms dealer. Last month, his group, Signatories in Blood, took dozens of people hostage at a natural gas complex in Algeria. At least 37 foreign captives were killed, including three Americans.
In addition to raising his global profile, the attack turned Belmokhtar into a symbol of how the United States over the past 10 years has bungled an ambitious strategy to prevent al-Qaeda from gaining a foothold in North and West Africa.
The U.S. government has invested heavily in counterterrorism programs in the region, spending more than $1 billion since 2005 to train security forces, secure borders, promote democracy, reduce poverty and spread propaganda.
The strategy was portrayed as a sobering lesson from the costly invasions of Afghanistan and Iraq. The goal of stabilizing weak African countries was to keep al-Qaeda out and obviate the need to send U.S. combat forces into the Sahara.
Despite those efforts, Belmokhtar’s group and a hazy array of other jihadist factions and rebellious tribesmen seized control of northern Mali last year. In March, a U.S.-trained Malian officer carried out a coup, further plunging the country into chaos.
“We had this great program, and we put hundreds of millions of dollars into it, and it failed. Why did it fail?” said a member of the U.S. Special Operations forces who worked in Africa until he retired last year. “Fundamentally, we missed the boat.”
Todd Moss, who was deputy assistant secretary of state for African affairs from 2007 to 2008, blamed “a wholly inadequate policy response.” He said U.S. officials placed their faith in a flawed model to promote development and build institutions, especially in northern Mali, a Texas-size territory with little government presence.
“There was no consensus on the size or seriousness of the threat,” Moss added. “We were looking through both civilian and military rose-colored glasses. And that should give us pause as we try to figure out how to move forward.”
‘He was well within reach’
By 2003, U.S. officials were becoming alarmed about the potential for Islamist extremists to establish a haven in North or West Africa.
Radicals who failed to topple the Algerian government in the 1990s had moved deep into the Sahara, hiding in the hinterlands of impoverished countries such as Mali, Mauritania and Niger, where they turned to smuggling and other criminal rackets.
Among them was a former paratrooper known as Abderrazak al-Para, who kidnapped 32 Europeans and collected $6 million in ransom.
The kidnapping did not involve any American hostages, but it drew the attention of commanders at the U.S. European Command in Stuttgart, Germany.
Using satellite imagery and other sources, the U.S. military tracked al-Para and shared the intelligence with African governments, which pursued him across the desert. After an epic chase, he was captured in Chad.
Around the same time, the U.S. military also started to track Belmokhtar and floated a plan to fire missiles at an Arab militant camp in northern Mali. Vicki Huddleston, the U.S. ambassador to Mali at the time, said she blocked the operation. It was unclear whether Belmokhtar was actually present at the camp, she recalled in an interview, adding that he was considered a minor figure.
“I said no. First, you don’t know who these people are, and second, it’s a bad idea,” she said. “We had a big fight over this.”
The four-star Air Force general in charge of the operation, Charles F. Wald, who has since retired, acknowledged that he wanted to capture Belmokhtar but insisted that airstrikes were not a serious option. He said that the U.S. military wanted to share intelligence and gear with Algeria and Mali so they could arrest or kill Belmokhtar but that civilian U.S. leaders refused. “The answer at that time was, ‘Not our business,’ ” he said.
Wald is still angry at what he sees as a missed opportunity, saying the military had “about a thousand” chances to get the bandit. “We allowed Belmokhtar to become larger than life,” the general said in an interview. “He was well within reach,” he added. “It would have been easy.”
Ten years later, Wald and the ambassador still disagree about whether they should have seized that chance to eliminate Belmokhtar. But they concur that the dispute foreshadowed flaws in the forthcoming U.S. strategy to prevent al-Qaeda from planting roots in the region.
“I’m really frustrated right now because I think we blew it,” Wald said, speaking in general about U.S. counterterrorism policy in Africa. “We’ve gone backwards, frankly.”
President Obama later appointed Huddleston as the top Africa policy official in the Pentagon, where she earned a reputation among her former diplomatic colleagues as a zealous hawk on security matters.
She said the U.S. government never overcame divisions over how aggressively it should respond to the emergence of al-
Qaeda’s North African affiliate. The Pentagon was often too eager to take direct military action, she added, while the State Department was too willing to tolerate al-Qaeda’s presence.
“The issue has come up again and again,” said Huddleston, who retired from the Pentagon at the end of 2011. “The Defense Department wanted to help the countries in the region to confront the threat, and State wanted to contain.”
Signs of trouble in Mali
A look at the events leading up to the intervention in Mali.
The failure to keep Islamist extremists from taking over northern Mali was not because of lack of money or attention from Washington.
In 2005, the U.S. government started the Trans-Sahara Counterterrorism Partnership — an innovative, $1 billion collection of programs designed to prevent the spread of radicalism. It delivered humanitarian aid and security assistance to 10 countries in North and West Africa, drawing on the combined resources of the military, the State Department and the U.S. Agency for International Development.
The partnership was dogged by problems from the outset, however, as U.S. agencies squabbled internally and struggled to understand an unfamiliar cultural and political terrain.
In 2007, the George W. Bush administration created a separate Africa Command to oversee military activity on the continent, fueling fears among Africans that the United States was militarizing its foreign policy and looking to construct new bases. Facing a backlash, the Pentagon was forced to call off its search for an Africa headquarters for the command. It remained in Germany, instead.
The new command was largely a paper institution, with no regular troops assigned to it. Wald, the retired general, said the whole approach was misguided.
“The Africans didn’t want us there in the first place, so they started out behind the power curve to start with,” he said. “We can’t lead them around condescendingly.”
In 2008, the Government Accountability Office criticized the Pentagon, State Department and USAID for lacking a “comprehensive, integrated strategy” for the Trans-Saharan Counterterrorism Partnership. The investigative arm of Congress found that the agencies did not collaborate well and could not measure whether the aid was doing any good.
A senior State Department official, speaking on the condition of anonymity to talk candidly about the $1 billion Sahara counterterrorism strategy, acknowledged that it was difficult to measure the program’s effectiveness. “To be very honest with you, we’re not very good at quantifying it,” the official said.
The program focused heavily on Mali, a landlocked, famine-prone country that American officials worried was vulnerable to Islamist extremists coming south from Algeria.
The U.S. military engaged the Malians in annual regional military exercises, code-named Flintlock. U.S. Special Forces also spent years training specialized Malian units, known as ETIAs. But the challenges were evident.
In 2009, after a graduation ceremony for one ETIA unit that had received five weeks of instruction from U.S. troops, the ambassador to Mali at the time, Gillian Milovanovic, expressed shock at the bedraggled appearance of the Malian soldiers.
In a classified diplomatic cable later made public by the anti-
secrecy Web site WikiLeaks, Milovanovic described how a U.S. Army captain introduced her to “one, rather unimpressive soldier, an older, rail thin man with a scraggly beard and bloodshot eyes who had been lounging against a motorbike in a dirty T-shirt inside a warehouse. [The captain] explained that in spite of appearances, this was one of the ETIA’s best men, noting that he had been one of the few survivors of a July 4 ambush of a Malian Army patrol by Al Qaeda in the Islamic Maghreb.”
The ambassador also observed how the Malians were poorly clothed and equipped, even though the U.S. government had bought boots, desert fatigues, radios and Toyota Land Cruisers for the entire 160-man unit.
Many of the soldiers were black-skinned Malians from the south who had little familiarity with the Arab and Tuareg tribes that populate the north. In hindsight, U.S. officials said, they should have recognized that the black troops would clash with the Tuaregs, who have a long history of grievances against the Malian central government, instead of al-Qaeda. But few of the U.S. Special Forces instructors were conversant in local culture or native languages, and they didn’t pick up the cues.
“That’s the key ingredient that was always missing in this and is only now coming to light — would they really fight?” said Rudolph Atallah, director of Africa counterterrorism programs at the Pentagon from 2003 to 2009. “There was no thought about taking the cultural piece a little bit deeper.”
There were also clear signs that the Malian government had little interest in fighting al-Qaeda. Suspicions abounded among U.S. officials and other diplomats that Malian leaders were pocketing a portion of the ransoms that Belmokhtar and other jihadists collected from their kidnapping schemes.
“We made a big effort to build the political will in Mali, and it never succeeded,” said a senior Obama administration official who spoke on the condition of anonymity. “They always told us what they thought we wanted to hear, but they never followed it up with actions.”
A turn for the worse
The U.S. strategy for the region began to fall apart in 2008.
Military leaders in Mauritania and Niger — two countries that bookend Mali — toppled their governments in coups, forcing the Pentagon to cut off military training.
That left the United States more dependent on Mali to spearhead its anti-terrorism programs, even as it was becoming clear that Malian troops weren’t up to the task.
“It was an awful, stupid strategy we had by then,” Huddleston said. “You obviously couldn’t fight terrorism with one weak army that didn’t want to fight in the north.”
The Obama administration made things tougher by restricting intelligence-sharing with France and Algeria, key allies against al-Qaeda, according to former U.S. officials.
American military officers chafed at the restrictions but often failed to earn the trust of U.S. ambassadors in the region, said the former Special Operations forces member.
“Quite frankly, we weren’t used to dealing with the Department of State and other agencies,” he said. “When we get on the ground, they run the show, and that’s what we struggled with.”
By 2011, Mali’s security was visibly deteriorating as Tuareg mercenaries and Islamist extremists flooded into the north and domestic political strife came to a boil. After the March coup, Washington severed all security aid to the Malian military.
Even now, disagreement persists inside the Obama administration over whether the threat posed by Belmokhtar and other al-Qaeda loyalists in northern Mali warrants a more forceful response by the U.S. military. The White House has ruled out sending combat troops to Mali, but the Pentagon is making plans for a Predator drone base next door.
“Nobody’s arguing that they should be left unmolested,” the senior State Department official said. “But if they’re stuck in the middle of Mali’s northern mountains, that in itself doesn’t matter.”
Obama tries to convince Congress he can kill any American he feels like???
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Lawmakers to get classified drone info
Associated Press Wed Feb 6, 2013 6:52 PM
WASHINGTON — President Barack Obama has directed the Justice Department to give Congress' intelligence committees access to classified legal advice providing the government's rationale for drone strikes against American citizens working with al-Qaida abroad, a senior administration official said Wednesday.
A drumbeat of demands to see the document has swelled on Capitol Hill in recent days as the Senate Intelligence Committee prepares to hold a confirmation hearing for John Brennan, who helped manage the drone program, to be CIA director.
Those demands were only intensified by the leak this week of an unclassified "white paper" on how decisions are made to target U.S. citizens abroad that the Justice Department confidentially sent to key lawmakers last year. The unclassified memo says it is legal for the government to kill U.S. citizens abroad if it believes they are senior al-Qaida leaders continually engaged in operations aimed at killing Americans, even if there is no evidence of a specific imminent attack.
The senior official said Obama decided to send lawmakers the classified rationale on Wednesday as part of his "commitment to consult with Congress on national security matters." Obama directed the Justice Department provide the Senate and House intelligence committees access to classified advice from its Office of Legal Counsel that the white paper is based on, the official said.
Legal opinions produced by the legal counsel's office are interpretations of federal law that are binding on all executive branch agencies.
The administration official spoke on condition of anonymity because he was not authorized to discuss the matter by name.
Earlier Wednesday, White House spokesman Jay Carney said Obama was engaged in an internal process deliberation to determine how to balance the nation's security needs with its values. He said Obama was committed to providing more information to Congress, even as he refused to acknowledge whether the drone memo even existed.
"He thinks that it is legitimate to ask questions about how we prosecute the war against al-Qaida," Carney said. "These are questions that will be with us long after he is president and long after the people who are in the seats that they're in now have left the scene."
Eleven senators, including Democrat Ron Wyden of Oregon, called on Obama to provide lawmakers "any and all legal opinions" that outline the president's authority to use legal force against Americans.
Wyden, a member of the Senate Intelligence Committee, told The Associated Press that Obama called him Wednesday evening to alert him to the decision to release the legal opinions. The president pledged to launch a "very extensive" public discussion on the government's ability to target Americans abroad, Wyden said.
"This is an encouraging first step," Wyden said. "There is now an opportunity to build on it."
The Oregon lawmaker said he expects members of the intelligence committees to be able to read the classified legal opinions before voting on Brennan's nomination to lead the CIA, but likely not before Thursday's hearing.
Justice's unclassified 16-page white paper says that it is lawful to target al-Qaida linked U.S. citizens if they pose an "imminent" threat of violent attack against Americans and that delaying action against such people would create an unacceptably high risk. Such circumstances may necessitate expanding the concept of imminent threat, the memo says.
"The threat posed by al-Qaida and its associated forces demands a broader concept of imminence in judging when a person continually planning terror attacks presents an imminent threat," the document added.
A September 2011 drone strike in Yemen killed Anwar al-Awlaki and Samir Khan, both U.S. citizens. A separate drone strike two weeks later killed al-Awlaki's 16-year-old son, a Denver native. The strikes came after U.S. intelligence concluded that the elder al-Awlaki was senior operational leader of al-Qaida in the Arabian Peninsula plotting attacks on the U.S., including the abortive Christmas Day bombing of an airplane landing in Detroit in 2009.
The memo does not require the U.S. to have information about a specific imminent attack against the U.S. But it does require that capture of a terrorist suspect not be feasible and that any such lethal operation by the United States targeting a person comply with fundamental law-of-war principles.
U.S. drone use could set dangerous example for rogue powers
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U.S. drone use could set dangerous example for rogue powers
By Carol J. Williams
February 7, 2013, 2:00 a.m.
Imagine if North Korea or Iran or Venezuela deployed thousands of unmanned surveillance aircraft in search of earthbound enemies, a swarm of robotic hunters armed with lethal weaponry and their governments’ go-ahead to exterminate targets.
It’s a frightening scenario but far from an unimaginable one, given that dozens of nations now build, program and deploy their own drones.
Newly disclosed U.S. guidelines on drone warfare appear to authorize a more permissive practice of targeted killings in the global fight against terrorism than previously articulated. And the Obama administration’s embrace of a right to strike those it has identified as threats to U.S. security has prompted warnings from rights advocates and international security experts that the White House is setting a dangerous precedent that rogue nations could follow.
The U.S. military and intelligence communities have increasingly turned to drones for precision strikes against terrorism suspects in Pakistan and Yemen, executing more than 300 remote-controlled attacks during President Obama’s first term. That is a sixfold increase from the Bush administration’s use of drones, according to the British nonprofit Bureau of Investigative Journalism.
Muting any serious debate on the morality and legality of targeted killings is the U.S. public’s positive response to the arm's-length attacks that eliminate terrorism suspects without putting troops at risk in a more conventional offensive. More than 80% of Americans expressed support for the administration’s drone policy in a Washington Post-ABC News poll a year ago. A Pew Research Center survey in June showed similarly high regard among Americans questioned but majority disapproval among respondents in 19 other countries surveyed.
Escalating U.S. drone use in counter-terrorism is both hurting the country’s image and raising the stakes in what promises to be a protracted war to defeat the global network of militants bent on doing America harm, security and legal experts argue.
“Technological capabilities are developing far faster than the laws and international frameworks to regulate their use,” said Amy Zegart, a senior fellow at Stanford’s Hoover Institution and former National Security Council staffer under President Clinton.
Drone use was a rare and almost exclusively U.S. military capability a decade ago, Zegart said, yet today at least 70 countries have unmanned aerial vehicles, or UAVs, as drones are called in security parlance. Although most of that use is aimed at reducing the costs and risks of intelligence-gathering and search-and-rescue missions, the increasingly affordable and versatile aircraft can be programmed for combat as easily as for peaceful civilian uses.
Despite a credible threat of spreading drone warfare, there is little interest among the nations employing the devices to yield to any agreed rules of engagement, Zegart said.
“The question is, can the United States lead by example? Can we realistically put forward policies and ideas” that would establish permissible uses and prevent a perilous free-for-all, she said, intimating that such self-imposed restraint is unlikely.
Avner Cohen, a professor of nonproliferation policy at the Monterey Institute of International Studies, agrees there is little incentive for countries making the most aggressive use of drones -- the United States and Israel first among them -- to impose restrictions on themselves.
He points to what he sees as “seductive” elements of drone use as a danger for both international security and thoughtful decision-making.
Israeli drone surveillance pinpointed Hamas militia leader Ahmed Jabari in the Gaza Strip in November, encouraging the Israeli leadership to order a targeted killing in a likely streamlined analysis of potential consequences, Cohen recalled. Jabari’s death set off eight days of fighting between Israel and the Palestinian enclave that ended with a cease-fire seen as having strengthened Hamas and Palestinian cohesion.
“The temptation to use it is so high that it can obscure and overpower all kinds of other considerations,” Cohen said of drones’ offensive capabilities.
Human rights and international law advocates have expressed growing concern that Washington’s expanding use of targeted killings by drones violates its obligations to treaties guaranteeing protection of civilian life and prohibiting extrajudicial killings off the battlefield.
Ben Emmerson, the U.N. special rapporteur on counter-terrorism and human rights, announced two weeks ago that he was investigating U.S. strikes on suspected terrorists to evaluate their compliance with human rights treaties and the international law of armed conflict.
Rights groups contend the U.S. actions stray far beyond the limited circumstances under which international accords allow the use of preemptive lethal force.
“When the U.S. government violates international law, that sets a precedent and provides an excuse for the rest of the world to do the same,” said Zeke Johnson, director of Amnesty International USA’s Security with Human Rights Campaign.
“We have now seen, under two administrations, the emergence of a claimed global war framework in which the U.S. tries to treat the whole world as a battlefield, to the exclusion of human rights law,” Johnson said.
“I sincerely doubt most members of the U.S. government would be happy with China or Russia or North Korea using drones and lethal force the way the U.S. government is doing, which is outside the bounds of international law,” said Johnson.
“Everyone should be concerned by the idea that any government can basically deny its human rights obligations,” he warned. “That puts all of us at greater risk in the long run.”
Secret drone strikes simplify Obama Doctrine
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Secret drone strikes simplify Obama Doctrine
February 7, 2013
For years, scholars and journalists have struggled without much success to define the Obama Doctrine — the president's foreign policy principles.
As a Democratic candidate, Barack Obama couldn't even define his own doctrine as he sought to succeed outgoing Republican President George W. Bush.
In a debate in 2007, back when he was Sen. Civil Liberties and the darling of the left that hated Bush for leading the war party into Afghanistan and Iraq, Mr. Obama said the world was too complicated for him to formalize his doctrine.
"Well, I think one of the things about the Obama Doctrine is it's not going to be as doctrinaire as the Bush Doctrine because the world is complicated," the senator from Chicago said. "And I think part of the problem we've had is that ideology has overridden facts and reality."
But now President Obama has finally stripped away those complications to define the Obama Doctrine this way:
He can assassinate American citizens abroad without trial if they're suspected terrorists.
His weapon of choice? Drone strikes from the air.
Drones are politically antiseptic weapons of death, almost like a video game, except that real blood and tissue is blown against the walls. And it's all being done in secret. The White House won't publicly release the rationale explaining how the Obama administration has shredded the Constitution and taped the bits back together again.
Two things are astounding here: The lack of Democratic outrage over Obama's convoluted policy, and the ease with which Republicans and Democrats have brought us to this point.
Just think about what the president's assassination campaign means. Not for the terrorists, who deserve their fate. But for the rest of us. A president has put it in writing: He can kill you if he finds that you're a threat.
Many of us — and to my shame I include myself — bought into many Bush Republican policies after al-Qaida killed thousands of our countrymen on Sept. 11, 2001. And then came more cameras watching us, and more eavesdropping, and a steady erosion of American privacy.
It came in the name of efficiently thwarting the terrorists. Now the supreme efficiency is offered by a president who campaigned in opposition to waterboarding terrorists for information to find Osama bin Laden.
The president's drone strikes against American citizens overseas "are legal, they are ethical and they are wise," said White House press secretary Jay Carney. He added that such drone strikes are "fully consistent with our Constitution."
Carney must be talking about some other little booklet. He can't mean our American Constitution. If he actually believes that the Constitution allows the president to kill Americans without trial, someone should lead him by the nose to a loony bin.
Not all Republicans are for this. But many establishment Republicans just love it, like Sen. Lindsey Graham of South Carolina, an Obama critic and friend of defense contracts.
He stopped thwacking Obama for a day or so to support the president in the assassination doctrine.
"Every member of Congress needs to get on board," Graham said. "It's not fair to the president to let him, leave him out there alone quite frankly. He's getting hit from libertarians and from the left."
Some on the port side are angry, including the severe high priestess of the political left, MSNBC's Rachel Maddow. Unconfirmed reports had her hair smoldering the other evening.
But she's not an elected official. Where was Democratic outrage? You'd think Sen. Dick Durbin would scream. He made plenty of loud public demonstrations during the Bush years, and I almost expected him to start yanking his burning hair from the roots while referencing storm troopers and gulags and such.
Sadly, Durbin and other Democratic pols are rather church-mousian about Obama's drones. With their own guy on the throne, they're worried about damaging the dignity of the presidency.
To his credit, Durbin quietly signed his name to a letter from 11 senators of both parties asking Obama to make public the White House rationale allowing assassinations.
But they won't hound Obama. Expect them instead to shake their jowls angrily at John Brennan.
Brennan is the career CIA officer and supporter of drones and "enhanced interrogation techniques" who was nominated by Obama to run the CIA. He is scheduled to testify Thursday at a Senate confirmation hearing .
There is a big difference between intelligence officers and politicians. Obama seemed to understand this once, when the world was complicated for him. Intelligence officers do what's necessary, and once the work is done and the threat removed, they're often thrown under the bus by politicians.
But politicians? They change the rules to justify what they want to do. And in so doing, they make the future far more dangerous and far less free.
"Who'd we get today?" was the famous question asked repeatedly by Chicago Mayor Rahm Emanuel, when he was the pro-drone Obama White House chief of staff, according to Bob Woodward's book "Obama's Wars."
Emanuel's was a gleeful question, full of bureaucratic malice, asked by a man with his loafers on safe White House carpets. Those same carpets still caress Obama's shoes.
The president once opposed "enhanced interrogation" of terrorism suspects. But now he claims constitutional protection to kill them without trial, if they're Americans overseas.
That complicated, nuanced world Obama once lived in? It's been simplified.
jskass@tribune.com
Twitter @John_Kas
The full text of the white paper on the killing of U.S. citizens abroad
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The full text of the white paper on the killing of U.S. citizens abroad
By Chris Wilson, Yahoo! News | The Ticket
This week, NBC News published a confidential Justice Department memo presenting the Obama administration's case for the lawful killing of U.S. citizens abroad who are involved with al-Qaida, reigniting a debate over presidential power that raged during much of the George W. Bush administration. NBC released a PDF of the 16-page white paper liberally embossed with watermarks of the outlet's logo on each page.
Given the extreme gravity of the subject, Yahoo News retyped the portions of the documents that could not be digitized automatically due to the watermarks, presented below. Information for how to contribute corrections is included at the bottom of the article.
DEPARTMENT OF JUSTICE WHITE PAPER
Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa'ida or An Associated Force
This white paper sets forth a legal framework for considering the circumstances in which the U.S. government could use lethal force in a foreign country outside the area of active hostilities against a U.S. citizen who is a senior operational leader of al-Qa'ida or an associated force of al-Qa'ida—that is, an al-Qa'ida leader actively engaged in planning operations to kill Americans. The paper does not attempt to determine the minimum requirements necessary to render such an operation lawful; nor does it assess what might be required to render a lethal operation against a U.S. citizen lawful in other circumstances, including an operation against enemy forces on a traditional battlefield or an operation against a U.S. citizen who is not a senior operational leader of such forces. Here the Department of Justice concludes only that where the following three conditions are met, a U.S. operation using lethal force in a foreign country against a U.S. citizen who is a senior operational leader of al-Qa'ida or an associated force would be lawful:
an informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States;
capture is infeasible, and the United States continues to monitor whether capture becomes feasible; and
the operation would be conducted in a manner consistent with applicable law of war principles.
This conclusion is reached with recognition of the extraordinary seriousness of a lethal operation by the United States against a U.S. citizen, and also of the extraordinary seriousness of the threat posed by senior operational al- Qa'ida members and the loss of life that would result were their operations successful.
The President has authority to respond to the imminent threat posed by al-Qa'ida and its associated forces, arising from his constitutional responsibility to protect the country, the inherent right of the United States to national self defense under international law, Congress's authorization of the use of all necessary and appropriate military force against this enemy, and the existence of an armed conflict with al-Qa'ida under international law. Based on these authorities, the President may use force against al-Qa'ida and its associated forces. As detailed in this white paper, in defined circumstances, a targeted killing of a U.S. citizen who has joined al-Qa'ida or its associated forces would be lawful under U.S. and international law. Targeting a member of an enemy force who poses an imminent threat of violent attack to the United States is not unlawful. It is a lawful act of national self defense. Nor would it violate otherwise applicable federal laws barring unlawful killings in Title 18 or the assassination ban in Executive Order No. 12333. Moreover, a lethal operation in a foreign nation would be consistent with international legal principles of sovereignty and neutrality if it were conducted, for example, with the consent of the host nation's government or after a determination that the host nation is unable or unwilling to suppress the threat posed by the individual targeted.
Were the target of a lethal operation a U.S. citizen who may have rights under the Due Process Clause and the Fourth Amendment, that individual's citizenship would not immunize him from a lethal operation. Under the traditional due process balancing analysis of Mathews v. Eldridge, we recognize that there is no private interest more weighty than a person's interest in his life. But that interest must be balanced against the United States' interest in forestalling the threat of violence and death to other Americans that arises from an individual who is a senior operational leader of al-Qa'ida or an associated force of al-Qa'ida and who is engaged in plotting against the United States.
The paper begins with a brief summary of the authority for the use of force in the situation described here, including the authority to target a U.S. citizen having the characteristics described above with lethal force outside the area of active hostilities. It continues with the constitutional questions, considering first whether a lethal operation against such a U.S. citizen would be consistent with the Fifth Amendment's Due Process Clause, U.S. Const. amend. V. As part of the due process analysis, the paper explains the concepts of "imminence," feasibility of capture, and compliance with applicable law of war principles. The paper then discusses whether such an operation would be consistent with the Fourth Amendment's prohibition on unreasonable seizures, U.S. Const. amend. IV. It concludes that where certain conditions are met, a lethal operation against a U.S. citizen who is a senior operational leader of al-Qa'ida or its associated forces—a terrorist organization engaged in constant plotting against the United States, as well as an enemy force with which the United States is in a congressionally authorized armed conflict—and who himself poses an imminent threat of violent attack against the United States, would not violate the Constitution. The paper also includes an analysis concluding that such an operation would not violate certain criminal provisions prohibiting the killing of U.S. nationals outside the United States; nor would it constitute either the commission of a war crime or an assassination prohibited by Executive Order 12333.
I.
The United States is in an armed conflict with al-Qa'ida and its associated forces, and Congress has authorized the President to use all necessary and appropriate force against those entities. See Authorization for Use of Military Force ("AUMF"), Pub. L. No. 107-40, S 2(a), 115 Stat. 224, 224 (2001). In addition to the authority arising from the AUMF, the President's use of force against al-Qa'ida and associated forces is lawful under other principles of U.S. and international law, including the President's constitutional responsibility to protect the nation and the inherent right to national self defense recognized in international law (see, e.g., U.N. Charter art. 51). It was on these bases that the United States responded to the attacks of September 11, 2001, and "[t]hese domestic and international legal authorities continue to this day." Harold Hongju Koh, Legal Adviser, U.S. Department of State, Address to the Annual Meeting of the American Society of International Law: The Obama Administration and International Law (Mar. 25, 2010) ("2010 Koh ASIL Speech").
Any operation of the sort discussed here would be conducted in a foreign country against a senior operational leader of al-Qa'ida or its associated forces who poses an imminent threat of violent attack against the United States. A use of force under such circumstances would be justified as an act of national self-defense. In addition, such a person would be within the core of individuals against whom Congress has authorized the use of necessary and appropriate force. The fact that such a person would also be a U.S. citizen would not alter this conclusion. The Supreme Court has held that the military may constitutionally use force against a U.S. citizen who is a part of enemy forces. See Hamdi, 542 U.S. 507, 518 (2004) (plurality opinion); id. at 58?, 59? (Thomas, J., dissenting); Ex Parte Quirin, 317 U.S. at 37-38. Like the imposition of military detention, the use of lethal force against such enemy forces is an "important incident of war." Hamdi, 542 U.S. at 518 (2004) (plurality opinion) (quotation omitted). See, e.g., General Orders No. 100: Instructions for the Government of Armies of the United States in the Field P 15 (Apr. 24, 1863) ("[m]ilitary necessity admits of all direct destruction of life or limb of armed enemies") (emphasis omitted); International Committee of the Red Cross, Commentary on the Additional Protocols of 8 June 1977 on the Geneva Conventions of 12 Aug. 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (Additional Protocol II) S 4789 (1987) ("Those who belong to armed forces or armed groups may be attacked at any time."); Yoram Dinstein, The Conduct of Hostilities Under the Law of International Armed Conflict 94 (2004) ("When a person takes up arms or merely dons a uniform as a member of the armed forces, he automatically exposes himself to enemy attack.") Accordingly, the Department does not believe that U.S. citizenship would immunize a senior operational leader of al-Qa'ida or its associated forces from a use of force abroad authorized by the AUMF or in national self-defense.
In addition, the United States retains its authority to use force against al-Qa'ida and associated forces outside the area of active hostilities when it targets a senior operational leader of the enemy forces who is actively engaged in planning operations to kill Americans. The United States is currently in a non-international armed conflict with al-Qa'ida and its associated forces. See Hamdan v. Rumsfeld, 548 U.S. 557, 628-31 (2006) (holding that a conflict between a nation and a transnational non-state actor, occurring outside the nation's territory, is an armed conflict "not of an international character" (quoting Common Article 3 of the Geneva Conventions) because it is not a "clash between nations"). Any U.S. operation would be part of this non-international armed conflict, even if it were to take place away from the zone of active hostilities. See John O. Brennan, Assistant to the President for Homeland Security and Counterterrorism, Remarks at the Program on Law and Security, Harvard Law School: Strengthening Our Security by Adhering to Our Values and Laws (Sept. 16, 2011) ("The United States does not view our authority to use military force against Al-Qa'ida as being restricted solely to 'hot' battlefields like Afghanistan."). For example, the AUMF itself does not set forth an express geographic limitation on the use of force it authorizes. See Hamdan, 548 U.S. at 631 (Kennedy, J., concurring) (what makes a non-international armed conflict distinct from an international armed conflict is "the legal status of the entities opposing each other"). None of the three branches of the U.S. Government has identified a strict geographical limit on the permissible scope of the AUMP's authorization. See, e.g., Letter for the Speaker of the House of Representatives and the President Pro Tempore of the Senate from the President (June 15, 2010) (reporting that the armed forces, with the assistance of numerous international partners, continue to conduct operations "against al- Qa'ida terrorists," and that the United States has "deployed combat-equipped forces to a number of locations in the U.S. Central ... Command area[] of operation in support of those [overseas counterterrorist] operations"); Bensayah v. Obama, 610 F.3d 718, 720, 724-25, 727 (D.C. Cir. 2010) (concluding that an individual turned over to the United States in Bosnia could be detained if the government demonstrates he was part of al- Qa'ida); al-Adahi v. Obama, 613 F.3d 1102, 1003, 1111 (D.C. Cir. 2010) (noting authority under AUMF to detain individual apprehended by Pakistani authorities in Pakistan and then transferred to U.S. custody).
Claiming that for purposes of international law, an armed conflict generally exists only when there is "protracted armed violence between governmental authorities and organized armed groups," Prosecutor v. Tadic, Case No. IT-94-1 AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, P 70 (Int'l Crim. Trib. for the Former Yugoslavia, App. Chamber Oct. 2, 1995), some commenters have suggested that the conflict between the United States and al-Qa'ida cannot lawfully extend to nations outside Afghanistan in which the level of hostilities is less intense or prolonged than in Afghanistan itself. See, e.g., Mary Ellen O'Connell, Combatants and the Combat Zone, 43 U. Rich. L. Rev. 845, 857-59 (2009). There is little judicial or other authoritative precedent that speaks directly to the question of the geographic scope of a non- international armed conflict in which one of the parties is a transnational, non-state actor and where the principal theater of operations is not within the territory of the nation that is a party to the conflict. Thus, in considering this potential issue, the Department looks to principles and statements from analogous contexts.
The Department has not found any authority for the proposition that when one of the parties to an armed conflict plans and executes operations from a base in a new nation, an operation to engage the enemy in that location cannot be part of the original armed conflict, and thus the subject to the laws of war governing that conflict, unless the hostilities become sufficiently intense and protracted in the new location. That does not appear to be the rule of the historical practice, for instance, even in a traditional international conflict, See John R. Stevenson, Legal Adviser, Department of State, United States Military Action in Cambodia: Questions of International Law, Address before the Hammarskjold Forum of the Association of the Bar of the City of New York (May 28, 1970), in 3 The Vietnam War and International Law: The Widening Context 23, 28-30 (Richard A. Falk, ed. 1972) (arguing that in an international armed conflict, if a neutral state has been unable for any reason to prevent violations of its neutrality by the troops of one belligerent using its territory as a base of operations, the other belligerent has historically been justified in attacking those enemy forces in that state). Particularly in a non-international armed conflict, where terrorist organizations may move their base of operations from one country to another, the determination of whether a particular operation would be part of an ongoing armed conflict would require consideration of the particular facts and circumstances in each case, including the fact that transnational non- state organizations such as al-Qa'ida may have no single site serving as their base of operations. See also, e.g., Geoffrey S. Corn & Eric Albot Jensen, Untying the Gordian Knot: A Proposal for Determining Applicability of the Laws of War to the War on Terror, 81 Temp. L. Rev. 787, 799 (2008) ("If ... the ultimate purpose of the drafters of the Geneva Conventions was to prevent 'law avoidance' by developing de facto law triggers—a purpose consistent with the humanitarian foundation of the treaties— then the myopic focus on the geographic nature of an armed conflict in the context of transnational counterterrorist combat operations serves to frustrate that purpose.") [2]
If an operation of the kind discussed in this paper were to occur in a location where al-Qa'ida or an associated force has a significant and organized presence and from which al-Qa'ida or an associated force, including its senior operational leaders, plan attacks against U.S. persons and and interests, the operation would be part of the non-international armed conflict between the United States and al-Qa'ida that the Supreme Court recognized in Hamdan. Moreover, such an operation would be consistent with international legal principles of sovereignty and neutrality if it were conducted, for example, with the consent of the host nation's government or after a determination that the host nation is unable or unwilling to suppress the threat posed by the individual targeted. In such circumstances, targeting a U.S. citizen of the kind described in this paper would be authorized under the AUMF and the inherent right to national self-defense. Given this authority, the question becomes whether and what further restrictions may limit its exercise.
II.
The Department assumes that the rights afforded by Fifth Amendment's Due Process Clause, as well as the Fourth Amendment, attach to a U.S. citizen even while he is abroad. See Reid v. Covert, 354 U.S. 1, 5-6 (1957) (plurality opinion); United States v. Verdugo-Urquidez, 494 U.S. 259, 269-70 (1990); see also In re Terrorist Bombings of U.S. Embassies in East Africa, 552 F.3d 157, 170 n.7 (2d Cir. 2008). The U.S. citizenship of a leader of al-Qa'ida or its associated forces, however, does not give that person constitutional immunity from attack. This paper next considers whether and in what circumstances a lethal operation would violate any possible constitutional protections of a U.S. citizen.
A.
The Due Process Clause would not prohibit a lethal operation of the sort contemplated here. In Hamdi, a plurality of the Supreme Court used the Mathews v. Eldridge balancing test to analyze the Fifth Amendment due process rights of a U.S. citizen who had been captured on the battlefield in Afghanistan and detained in the United States, and who wished to challenge the government's assertion that he was part of enemy forces. The Court explained that the "process due in any given instance is determined by weighing 'the private interest that will be affected by the official action' against the Government's asserted interest, 'including the function involved' and the burdens the Government would face in providing great process." Hamdi, 542 U.S. at 529 (plurality opinion) (quoting Mathews v. Eldridge, 424 U.S. 319, 335 (1976)). The due process balancing analysis applied to determine the Fifth Amendment rights of a U.S. citizen with respect to law-of-war detention supplies the framework for assessing the process due a U.S. citizen who is a senior operational leader of an enemy force planning violent attacks against Americans before he is subjected to lethal targeting.
In the circumstances considered here, the interests on both sides would be weighty. See Hamdi, 542 U.S. at 529 (plurality opinion) ("It is beyond question that substantial interests lie on both sides of the scale in this case."). An individual's interest in avoiding erroneous deprivation of his life is "uniquely compelling." See Ake v. Oklahoma, 470 U.S. 68, 178 (1985) ("The private interest in the accuracy of a criminal proceeding that places an individual's life or liberty at risk is almost uniquely compelling."). No private interest is more substantial. At the same time, the government's interest in waging war, protecting its citizens, and removing the threat posed by members of enemy forces is also compelling. Cf. Hamdi, 543 U.S. at 531 (plurality opinion) ("On the other side of the scale are the weighty and sensitive governmental interests in ensuring that those who have in fact fought with the enemy during a war do not return to battle against the United States."). As the Hamdi plurality observed, in the "circumstances of war," "the risk of erroneous deprivation of a citizen's liberty in the absence of sufficient process . . . is very real," id. at 530 (plurality opinion), and, of course, the risk of an erroneous deprivation of a citizen's life is even more significant. But, "the realities of combat" render certain uses of force "necessary and appropriate," including force against U.S. citizens who have joined enemy forces in the armed conflict against the United States and whose activities pose an imminent threat of violent attack against the United States—and "due process analysis need not blink at those realities." Id. at 531 (plurality opinion). These same realities must also be considered in assessing "the burdens the Government would face in providing greater process" to a member of enemy forces. Id. at 529, 531 (plurality opinion).
In view of these interests and practical considerations, the United States would be able to use lethal force against a U.S. citizen, who is located outside the United States and is an operational leader continually planning attacks against U.S. persons and interests, in at least the following circumstances:
where an informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States;
where a capture operation would be infeasible—and where those conducting the operation continue to monitor whether capture becomes feasible; and
where such an operation would be conducted consistent with applicable law of war principles.
In these circumstances, the "realities" of the conflict and the weight of the government's interest in protecting its citizens from an imminent attack are such that the Constitution would not require the government to provide further process to such a U.S. citizen before using lethal force. Cf Hamdi, 542 U.S. at 535 (plurality opinion) (noting that the Court "accord[s] the greatest respect and consideration to the judgments of military authorities in matters relating to the actual prosecution of war, and . . . the scope of that discretion necessarily is wide"); id. at 534 (plurality opinion) ("The parties agree that initial captures on the battlefield need not receive the process we have discussed here; that process is due only when the determination is made to continue to hold those who have been seized.") (emphasis omitted).
Certain aspects of this legal framework require additional explication. First, the condition that an operational leader present an "imminent" threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future. Given the nature of, for example, the terrorist attacks on September 11, in which civilian airliners were hijacked to strike the World Trade Center and the Pentagon, this definition of imminence, which would require the United States to refrain from action until preparations for an attack are concluded, would not allow the United States sufficient time to defend itself. The defensive options available to the United States may be reduced or eliminated if al-Qa'ida operatives disappear and cannot be found when the time of their attack approaches. Consequently, with respect to al-Qa'ida leaders who are continually planning attacks, the United States is likely to have only a limited window of opportunity within which to defend Americans in a manner that has both a high likelihood of success and sufficiently reduces the probabilities of civilian causalities. See Michael N. Schmitt, State Sponsored Assassination in International and Domestic Law, l7 Yale J. Int'l L. 609, 648 (l992). Furthermore, a "terrorist 'war' does not consist of a massive attack across an international border, nor does it consist of one isolated incident that occurs and is then past. It is a drawn out, patient, sporadic pattern of attacks. It is very difficult to know when or where the next incident will occur." Gregory M. Travalio, Terrorism, International Law, and the Use of Military Force, 18 Wis. Int'l L.J. 145, 173 (2000); see also Testimony of Attorney-General Lord Goldsmith, 660 Hansard. H.L. (April 21. 2004) 370 (U.K.), (what constitutes an imminent threat "Will develop to meet new circumstances and new threats . . . . It must be right that states are able to act in self-defense in circumstances Where there is evidence of further imminent attacks by terrorist groups, even if there is no specific evidence of where such an attack will take place or of the precise nature of the attack."). Delaying action against individuals continually planning to kill Americans until some theoretical end stage of the planning for a particular plot would create an unacceptably high risk that the action would fail and that American casualties would result.
By its nature, therefore, the threat posed by al-Qa'ida and its associated forces demands a broader concept of imminence in judging when a person continually planning terror attacks presents an imminent threat, making the use of force appropriate. In this context, imminence must incorporate considerations of the relevant window of opportunity, the possibility of reducing collateral damage to civilians, and the likelihood of heading off future disastrous attacks on Americans. Thus, a decision maker determining whether an al-Qa'ida operational leader presents an imminent threat of violent attack against the United States must take into account that certain members of al- Qa'ida (including any potential target of lethal force) are continually plotting attacks against the United States; that al-Qa'ida would engage in such attacks regularly to the extent it were able to do so; that the U.S, government may not be aware of all al-Qa'ida plots as they are developing and thus cannot be confident that none is about to occur; and that, in light of these predicates, the nation may have a limited window of opportunity within which to strike in a manner that both has a high likelihood of success and reduces the probability of American casualties.
With this understanding, a high-level official could conclude, for example, that an individual poses an "imminent threat" of violent attack against the United States where he is an operational leader of al-Qa'ida or an associated force and is personally and continually involved in planning terrorist attacks against the United States. Moreover, where the al-Qa'ida member in question has recently been involved in activities posing an imminent threat of violent attack against the United States, and there is no evidence suggesting that he has renounced or abandoned such activities, that member's involvement in al-Qa'ida's continuing terrorist campaign against the United States would support the conclusion that the member poses an imminent threat.
Second, regarding the feasibility of capture, capture would not be feasible if it could not be physically effectuated during the relevant window of opportunity or if the relevant country were to decline to consent to a capture operation. Other factors such as undue risk to U.S. personnel conducting a potential capture operation also could be relevant. Feasibility would be a highly fact-specific and potentially time-sensitive inquiry.
Third, it is a premise here that any such lethal operation by the United States would comply with the four fundamental law-of-war principles governing the use of force: necessity, distinction, proportionality, and humanity (the avoidance of unnecessary suffering). See, e.g., United States Air Force, Targeting, Air Force Doctrine Document 2-1.9, at 88 (June 3, 2006); Dinstein, Conduct of Hostilities at 16-20, l 15-16, l 19-23; see also 2010 Koh ASIL Speech. For example, it would not be consistent with those principles to continue an operation if anticipated civilian casualties would be excessive in relation to the anticipated military advantage. Chairman of the Joint Chiefs of Staff Instruction 5810.01D, Implementation of the DoD Law of War Program P 4.a, at 1 (Apr. 30, 2010). An operation consistent with the laws of war could not violate the prohibitions against treachery and perfidy, which address a breach of confidence by the assailant. See, e.g., Hague Convention IB, Annex, art. 23(b), Oct. 18, 1907, 36 Stat. 2277, 2301-02 ("[I]t is especially forbidden .... [t]o kill or wound treacherously individuals belonging to the hostile nation or army . . . ."). These prohibitions do not, however, categorically forbid the use of stealth or surprise, nor forbid attacks on identified individual soldiers or officers. See U.S. Army Field Manual 2?-10, The Law of Land Warfare, 31 (1956) (article 23(b) of the Annex to the Hague Convention IV does not "preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or elsewhere"). And the Department is not aware of any other law-of-war grounds precluding use of such tactics. See Dinstein, Conduct of Hosrilfries at 94-95, 199; Abraham D. Sofaer, Terrorism, the Law, and the National Defense, 126 Mil. L. Rev. 89, 120-21 (1989). Relatedly, "there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict—such as pilotless aircraft or so-called smart bombs—so long as they are employed in conformity with applicable laws of war." 2010 Koh ASIL Speech. Further, under this framework, the United States would also be required to accept a surrender if it were feasible to do so.
In sum, an operation in the circumstances and under the constraints described above would not result in a violation of any due process rights.
B.
Similarly, assuming that a lethal operation targeting a U.S. citizen abroad who is planning attacks against the United States would result in a "seizure" under the Fourth Amendment, such an operation would not violate that Amendment in the circumstances posited here. The Supreme Court has made clear that the constitutionality of a seizure is determined by "balanc[ing] the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interest alleged to justify the intrusion." Tennessee v. Garner, 471 US. 1, 8 (1985) (internal quotation marks omitted); accord Scott v. Harris, 550 U.S. 372, 383 (2007). Even in domestic law enforcement operations, the Court has noted that "[w]here the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force." Garner, 471 U.S. at 11. Thus, "if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given." Id. at 11-12.
The Fourth Amendment "reasonableness" test is situation dependent. Cf. Scott, 550 U.S. at 382 ("Garner did not establish a magical on/off switch that triggers rigid preconditions whenever an officer's actions constitute 'deadly force.'"). What would constitute a reasonable use of lethal force for purposes of domestic law enforcement operations differs substantially from what would be reasonable in the situation and circumstances discussed in this white paper. But at least in circumstances where the targeted person is an operational leader of an enemy force and an informed, high-level government official has determined that he poses an imminent threat of violent attack against the United States, and those conducting the operation would carry out the operation only if capture were infeasible, the use of lethal force would not violate the Fourth Amendment. Under such circumstances, the intrusion on any Fourth Amendment interests would be outweighed by the "importance of the governmental interests [that] justify the intrusion," Garner, 471 U.S. at Sr»-the interests in protecting the lives of Americans.
C.
Finally, the Department notes that under the circumstances described in this paper, there exists no appropriate judicial forum to evaluate these constitutional considerations. It is well-established that "[m]atters intimately related to foreign policy and national security are rarely proper subjects for judicial intervention," Haig v. Agee, 453 U.S. 280, 292 (1931), because such matters "frequently turn on standards that defy judicial application," or "involve the exercise of a discretion demonstrably committed to the executive or legislature," Baker v. Carr, 369 U.S. 186, 211 (1962). Were a court to intervene here, it might be required inappropriately to issue an ex ante command to the President and officials responsible for operations with respect to their specific tactical judgment to mount a potential lethal operation against a senior operational leader of al- Qa'ida or its associated forces. And judicial enforcement of such orders would require the Court to supervise inherently predictive judgments by the President and his national security advisors as to when and how to use force against a member of an enemy force against which Congress has authorized the use of force.
III.
Section 1119(b) of title 18 provides that a "person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113." 18 U.S.C. § 1119(b) (2006).[3] Because the person who would be the target of the kind of operation discussed here would be a U.S. citizen, it might be suggested that section 1119(b) would prohibit such an operation. Section 1119, however, incorporates the federal murder and manslaughter statutes, and thus its prohibition extends only to "unlawful killing[s]," 18 U.S.C. 1111(a), 1112(a) (2006). Section 1119 is best construed to incorporate the "public authority" justification, which renders lethal action carried out by a government official lawful in some circumstances. As this paper explains below, a lethal operation of the kind discussed here would fall within the public authority exception under the circumstances and conditions posited because it would be conducted in a manner consistent with applicable law of war principles governing the non-international conflict between the United States and al-Qa'ida and its associated forces. It therefore would not result in an unlawful killing.[4]
A.
Although section 1119(b) refers only to the "punish[ments]" provided under sections 1111, 1112, and 1113, courts have geld that section 1119(b) incorporates the substantive elements of those cross-referenced provisions of title 18. See, e.g., United States v. Wharton, 320 F.3d 526, 533 (5th Cir. 2003); United States v. White, 51 F. Supp. 2d 1008, 1013-14 (E.D. Cal. 1997). Section 1111 of title 18 sets forth criminal penalties for "murder", and provides that "[m]urder is the unlawful killing of a human being with malice aforethought." 18 U.S.C. S 1111(a). Section 1112 similarly provides criminal sanctions for "[m]anslaughter," and states that "[m]anslaughter is the unlawful killing of a human being without malice." Id. S 1112(a). Section 1113 provides criminal penalties for "attempts to commit murder or manslaughter." Id. S. 1113. It is therefore clear that section 11119(b) bars only "unlawful killing."
Guidance as to the meaning of the phrase "unlawful killing" in sections 1111 and 1112—and thus for purposes of section 1119(b)—be found in the historical understandings of murder and manslaughter. That history shows that states have long recognized justifications and excuses to statutes criminalizing "unlawful" killings.[5] One state court, for example, in construing that state's murder statute, explained that "the word 'unlawful' is a term of art" that "connotes a homicide with the absence of factors of excuse or justification." People v. Frye, 10 Cal. Rptr. 2d 217, 221 (Cal. Ct. App. 1992). That court further explained that the factors of excuse or justification in question include those that have traditionally been recognized. Id. at 221 n.2. Other authorities support the same conclusion. See, e.g., Mullaney v. Wilbur, 421 U.S. 684, 685 (1975) (requirement of "unlawful" killing in Maine murder statute meant that killing was "neither justifiable nor excusable"); cf also Rollin M. Perkins & Ronald N. Boyce, Criminal Law 56 (3d ed. 1982) ("Innocent homicide is of two kinds, (l) justifiable and (2) excusable."). Accordingly, section 1119 does not proscribe killings covered by a justification traditionally recognized under the common law or state and federal murder statutes. "Congress did not intend [section 1119] to criminalize justifiable or excusable killings." White, 51 F. Supp. 2d at 1013.
B.
The public authority justification is well-accepted, and it may be available even in cases where the particular criminal statute at issue does not expressly refer to a public authority justification. Prosecutions where such a "public authority" justification is invoked are understandably rare, see American Law Institute Model Penal Code and Commentaries S 3.03 Comment 1, at 23-24 (1985); cf Visa Fraud Investigation, 8 Op. O.L.C. 284, 285 n.2, 286 (1984), and thus there is little case law in which courts have analyzed the scope of the justification with respect to the conduct of government officials. Nonetheless, discussions in the leading treatises and in the Model Panel Code demonstrate its legitimacy. See 2 Wayne R. LaFave, Substantive Criminal Law S 10.2(b), at 135 (2d ed. 2003); Perkins & Boyce, Criminal Law at 1093 ("Deeds which otherwise would be criminal, such as taking or destroying property, taking hold of a person by force and against his will, placing him in confinement, or even taking his life, are not crimes if done with proper public authority."); see also Model Penal Code S 3.03(1)(a), (d), (e) at 22023 (proposing codification of justification where conduct is "required or authorized by," inter alia, "the law defining the duties or functions of a public officer," "the law governing the armed services or the lawful conduct of war," or "any other provision of law imposing a public duty"); National Commission on Reform of Federal Criminal Laws, A Proposed New Federal Criminal Code S 602(1) (1971) ("Conduct engaged in by a public servant in the course of his official duties is justified when it is required or authorized by law."). And the Department's Office of Legal Counsel ("OLC") has invoked analogous rationales when it has analyzed whether Congress intended a particular criminal statute to prohibit specific conduct that otherwise falls within a government agency's authorities. See, e.g., Visa Fraud Investigation, 8 Op. O.L.C. at 287-88 (concluding that a civil statute prohibiting issuance of visa to an alien known to be ineligible did not prohibit State Department from issuing such a visa where "necessary" to facilitate an important Immigration and Naturalization Service undercover operation carried out in a "reasonable" fashion).
The public authority justification would not excuse all conduct of public officials from all criminal prohibitions. Or the legislature may design some criminal prohibitions to place bounds on the kinds of governmental conduct that can be authorized by the Executive. Or the legislature may enact a criminal prohibition in order to limit the scope of the conduct that the legislature has otherwise authorized the Executive to undertake pursuant to another statute. See, e.g., Nardone v. United States, 302 U.S. 379, 384 (1937) (federal statute proscribed government wiretapping). But the generally recognized public authority justification reflects that it would not make sense to attribute to Congress the intent to criminalize all covered activities undertaken by public officials in the legitimate exercise of their otherwise lawful authorities, even if Congress clearly intends to make those same actions a crime when committed by persons not acting pursuant to public authority. In some instances, therefore, the best interpretation of a criminal prohibition is that Congress intended to distinguish persons who are acting pursuant to public authority from those who are not, even if the statute does not make that distinction express. Cf. id. at 384 (federal criminal statutes should be construed to exclude authorized conduct of public officers where such a reading "would work obvious absurdity as, for example, the application of a speed law to a policeman pursuing a criminal or the driver of a fire engine responding to an alarm"). [6]
The touchstone for the analysis whether section 1119 incorporates not only justifications generally, but also the public authority justification in particular, is the legislative intent underlying this statute. Here, the statute should be read to exclude from its prohibitory scope killings that are encompassed by traditional justification, which include the public authority justification. The statutory incorporation of two other criminal statutes expressly referencing "unlawful" killings is one indication. See supra at 10-11. Moreover, there are no indications that Congress had a contrary intention. Nothing in the text or legislative history of sections 1111-1113 of title 18 suggests that Congress intended to exclude the established public authority justification from those justifications that Congress otherwise must be understood to have imported through the use of the modifier "unlawful" in those statutes. Nor is there anything in the text or legislative history of section 1119 itself to suggest that Congress intended to abrogate or otherwise affect the availability of this traditional justification for killings. On the contrary, the relevant legislative materials indicate that, in enacting section 1119, Congress was merely closing a gap in a field dealing with entirely different kinds of conduct from that at issue here.[7]
The Department thus concludes that section 1119 incorporates the public authority justification.[8] This paper turns next to the question whether a lethal operation could be encompassed by that justification and, in particular, whether that justification would apply when the target is a U.S. citizen. The analysis here leads to the conclusion that it would.
A lethal operation against an enemy leader undertaken in national self-defense or during an armed conflict that is authorized by an informed, high-level official and carried out in a manner that accords with applicable law of war principles would fall within a well established variant of the public authority justification and therefore would not be murder. See, e.g., 2 Paul H. Robinson, Criminal Law Defenses S 148(a), at 208 (1984) (conduct that would violate a criminal statute is justified and thus not unlawful "[w]here the exercise of military authority relies upon the law governing the armed forces or upon the conduct of war"); 2 LaFave, Substantive Criminal Law S 10.2(c) at 136 ("another aspect of the public duty defense is where the conduct was required or authorized by 'the law governing the armed services or the lawful conduct of war); Perkins & Boyce, Criminal Law at 1093 (noting that a "typical instance[] in which even the extreme act of taking human life is done by public authority" involves "the killing of an enemy as an act of war and within the rules of war").[9]
The United States is currently in the midst of a congressionally authorized armed conflict with al-Qa'ida and associated forces, and may act in national self-defense to protect U.S. persons and interests who are under continual threat of violent attack by certain al-Q'aida operatives planning operations against them. The public authority justification would apply to a lethal operation of the kind discussed in this paper if it were conducted in accord with applicable law of war principles. As one legal commentator has explained, "if a soldier intentionally kills an enemy combatant in time of war and within the rules of warfare, he is not guilty of murder," whereas, for example, if that soldier intentionally kills a prisoner of war—a violation of the laws of war—"then he commits murder." 2 LaFave, Substantive Criminal Laws S 10.2(c), at 136; see also State v. Gut, 13 Minn. 341, 357 (1868) ("That it is legal to kill an alien enemy in the heat and exercise of war, is undeniable; but to kill such an enemy after he has laid down his arms, and especially when he is confined in prison, is murder."); Perkins & Boyce, Criminal Law at 1093 ("Even in time of War an alien enemy may not be killed needlessly after he has been disarmed and securely imprisoned."). Moreover, without invoking the public authority justification by its terms, this Department's OLC has relied on the same notion in an opinion addressing the intended scope of a federal criminal statute that concerned the use of potentially lethal force. See United States Assistance to Countries that Shoot Down Civil Aircraft Involved in Drug Trafficking, 18 Op. O.L.C. 148, 164 (1994) (concluding that the Aircraft Sabotage Act of 1984, 18 U.S.C. § 32(1))(2) (2006), which prohibits the willful destruction of a civil aircraft: and otherwise applies to U.S. government conduct, should not be construed to have "the surprising and almost certainly unintended effect of criminalizing actions by military personnel that are lawful under international law and the laws of almed conflict").
The fact that an operation may target a U.S. citizen does not alter this conclusion. As explained above, see supra at 3, the Supreme Court has held that the military may constitutionally use force against a U.S. citizen who is part of enemy forces. See Hamdi, 542 U.S. at 518 (plurality opinion); id. at 587, 597 (Thomas, J., dissenting); Ex parte Quirin, 317 U.S. at 37-38 ("Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter [the United States] bent on hostile acts," may be treated as "enemy belligerents" under the law of war). Similarly, under the Constitution and the inherent right to national self-defense recognized in international law, the President may authorize the use of force against a U.S. citizen who is a member of al-Qa'ida or its associated forces and who poses an imminent threat of violent attack against the United States.
In light of these precedents, the Department believes that the use of lethal force addressed in this white paper would constitute a lawful killing under the public authority doctrine if conducted in a manner consistent with the fundamental law of war principles governing the use of force in a non-international armed conflict. Such an operation would not violate the assassination ban in Executive Order No. 12333. Section 2.11 of Executive Order No. 12333 provides that "[n]o person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination." 46 Fed. Reg. 59,941, 59, 952 (Dec. 4, 1981). A lawful killing in self-defense is not an assassination. In the Department's view, a lethal operation conducted against a U.S. citizen whose conduct poses an imminent threat of violent attack against the United States would be a legitimate act of national self-defense that would not violate the assassination ban. Similarly, the use of lethal force, consistent with the laws of war, against an individual who is a legitimate military target would be lawful and would not violate the assassination ban.
IV.
The War Crimes Act, 18 U.S.C. S 2441 (2006) makes it a federal crime for a member of the Armed Forces or a national of the United States to "commit[] a war crime." Id. S 2441(a). The only potentially applicable provision of section 2441 to operations of the type discussed herein makes it a war crime to commit a "grave breach" of Common Article 3 of the Geneva Conventions when that breach is committed "in the context of and in association with an armed conflict not of an international character." Id. 2441(c)(3). As defined by the statute, a "grave breach" of Common Article 3 includes "[m]urder," described in pertinent part as "[t]he act of a person who intentionally kills, or conspires or attempts to kill . . . one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause." Is. S 2441(s)(1)(D).
Whatever might be the outer bounds of this category of covered persons, Common Article 3 does not alter the fundamental law of war principle concerning a belligerent party's right in an armed conflict to target individuals who are part of an enemy's armed forces or eliminate a nation's authority to take legitimate action in national self-defense. The language of Common Article 3 "makes clear that members of such armed forces [of both the state and non-states parties to the conflict] ... are considered as 'taking no active part in the hostilities' only once have disengaged from their fighting function ('have laid down their arms') or are placed hors de combat; mere suspension of combat is insufficient." International Committee of the Red Cross, Interpretive Guidance on the Notion of Direct Participation in Hostilities Under International Humanitarian Law 28 (2009). An operation against a senior operational leader of al-Qa'ida or its associated forces who poses an imminent threat of violent attack against the United States would target a person who is taking "an active part in hostilities" and therefore would not constitute a "grave breach" of Common Article 3.
V.
In conclusion, it would be lawful for the United States to conduct a lethal operation outside the United States against a U.S. citizen who is a senior, operational leader of al-Qa'ida or an associated force of al-Qa'ida without violating the Constitution or the federal statutes discussed in this white paper under the following conditions:
(l) an informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States;
(2) capture is infeasible, and the United States continues to monitor whether capture becomes feasible; and
(3) the operation is conducted in a manner consistent with the four fundamental principles of the laws of war governing the use of force. As stated earlier, this paper does not attempt to determine the minimum requirements necessary to render such an operation lawful, nor does it assess what might be required to render a lethal operation against a U.S. citizen lawful in other circumstances. It concludes only that the stated conditions would be sufficient to make lawful a lethal operation in a foreign country directed against a U.S. citizen with the characteristics described above.
We are grateful for any and all corrections to this transcription. Please email errors to cewilson@yahoo-inc.com with the approximate location of the fix.
Brennan defends drone strikes, even on Americans
Source
Brennan defends drone strikes, even on Americans
Associated Press Fri Feb 8, 2013 7:56 AM
WASHINGTON —
CIA Director-designate John Brennan strongly defended anti-terror attacks by unmanned drones Thursday under close questioning at a protest-disrupted confirmation hearing. On a second controversial topic, he said that after reading a classified intelligence report on harsh interrogation techniques, he does not know if waterboarding has yielded useful information.
Despite what he called a public misimpression, Brennan told the Senate Intelligence Committee that drone strikes are used only against targets planning to carry out attacks against the United States, never as retribution for an earlier one. "Nothing could be further from the truth," he declared.
Referring to one American citizen killed by a drone in Yemen in 2011, he said the man, Anwar al-Alawki, had ties to at least three attacks planned or carried out on U.S. soil. They included the Fort Hood, Texas, shooting that claimed 13 lives in 2009, a failed attempt to down a Detroit-bound airliner the same year and a thwarted plot to bomb cargo planes in 2010.
"He was intimately involved in activities to kill innocent men women and children, mostly Americans," Brennan said.
In a sign that the hearing had focused intense scrutiny on the drone program, Senate Intelligence Committee Chairman Dianne Feinstein, D-Calif., told reporters after the hearing that she thinks it may be time to lift the secrecy off the program so that U.S. officials can acknowledge the strikes and correct what she said were exaggerated reports of civilian casualties.
Feinstein said she and a number of other senators are considering writing legislation to set up a special court system to regulate drone strikes, similar to the one that signs off on government surveillance in espionage and terror cases.
Speaking with uncharacteristic openness about the classified program, Feinstein said the CIA had allowed her staff to make more than 30 visits to the CIA's Langley, Va., headquarters to monitor strikes, but that the transparency needed to be widened.
"I think the process set up internally is a solid process," Feinstein said, but added: "I think there's an absence of knowing exactly who is responsible for what decision. So I think we need to look at this whole process and figure a way to make it transparent and identifiable."
In a long afternoon in the witness chair, Brennan declined to say if he believes waterboarding amounts to torture, but he said firmly it is "something that is reprehensible and should never be done again."
Brennan, 57 and President Barack Obama's top anti-terrorism aide, won praise from several members of the committee as the day's proceedings drew to a close, a clear indication that barring an unexpected development, his confirmation as the nation's next head of the CIA is on track.
"I think you're the guy for the job, and the only guy for the job," said Sen. Jay Rockefeller, D-W.Va.
The panel will meet in closed session next week to permit discussion of classified material.
Brennan bristled once during the day, when Sen. James Risch, R-Idaho, accused him of having leaked classified information in a telephone call with former government officials who were preparing to make television appearances.
"I disagree with that vehemently," the nominee shot back.
Brennan made repeated general pledges to increase the flow of information to members of the Senate panel, but he was less specific when it came to individual cases. Asked at one point whether he would provide a list of countries where the CIA has used lethal authority, he replied, "It would be my intention to do everything possible" to comply.
He said he had no second thoughts about having opposed a planned strike against Osama bin Laden in 1998, a few months before the bombings of two U.S. embassies. The plan was not "well-grounded," he said, adding that other intelligence officials also recommended against proceeding. Brennan was at the CIA at the time.
Brennan was questioned extensively about leaks to the media about an al-Qaida plot to detonate a new type of underwear bomb on a Western airline. He acknowledged trying to limit the damage to national security from the disclosures.
On May 7 of last year, The Associated Press reported that the CIA thwarted an ambitious plot by al-Qaida's affiliate in Yemen to destroy a U.S.-bound airliner, using a bomb with a sophisticated new design around the one-year anniversary of the killing of Osama bin Laden. The next day, the Los Angeles Times reported that the would-be bomber was cooperating with U.S. authorities.
During Thursday's hearing, Risch and Sen. Dan Coats of Indiana were among those who contended Brennan had inadvertently revealed that the U.S. had a spy inside Yemen's al-Qaida branch when, hours after the first AP report appeared, he told a group of media consultants that "there was no active threat during the bin Laden anniversary because ... we had inside control of the plot."
The hearing was interrupted repeatedly at its outset, including once before it had begun. Eventually, Feinstein briefly ordered the proceedings halted and the room cleared of anyone except staffers and credentialed media.
Brennan is a veteran of more than three decades in intelligence work, and is currently serving as Obama's top counter-terrorism adviser in the White House. Any thought he had of becoming CIA director four years ago vanished amid questions about the role he played at the CIA when the Bush administration approved waterboarding and other forms of "enhanced interrogation" of suspected terrorists.
On the question of waterboarding, Brennan said that while serving as a deputy manager at the CIA during the Bush administration, he was told such interrogation methods produced "valuable information." Now, after reading a 300-page summary of a 6,000-page report on CIA interrogation and detention policies, he said he does "not know what the truth is."
The shouted protests centered on CIA drone strikes that have killed three American citizens and an unknown number of foreigners overseas.
It was a topic very much on the mind of the committee members who eventually will vote on Brennan's confirmation.
In the hours before the hearing began, Obama ordered that a classified paper outlining the legal rationale for striking at U.S. citizens abroad be made available for members of the House and Senate intelligence panels to read.
It was an attempt to clear the way for Brennan's approval, given hints from some lawmakers that they might hold up confirmation unless they had access to the material.
Sen. Ron Wyden, D-Ore., said he was encouraged when Obama called him on the telephone to inform him of his decision. But he said that when he went to read the material he became concerned the Department of Justice "is not following through" on the presidential commitment. Prodded to look into the matter, Brennan said he would.
Wyden made the drone strikes the main focus of his time to question Brennan, asking at one point what could be done "so that the American people are brought into this debate and have a full understanding of what rules" are for their use.
Brennan said the day's hearings were part of that effort, and he said he backs speeches by officials as a way to explain counter-terrorism programs. He said there is a "misimpression by the American people" who believe drone strikes are aimed at suspects in past attacks. Instead, he said, "we only take such actions as a last resort to save lives" when there is no other alternative in what officials believe is an imminent threat.
Fewer than 50 strikes took place during the Bush administration, while more than 360 strikes have been launched under Obama, according to the website The Long War Journal, which tracks the operations.
Gun-licensing mandate an affront to our rights
Source
Gun-licensing mandate an affront to our rights
Mon Feb 11, 2013 1:14 AM
Comparing guns to cars is a common and seductive but subtle error of logic.
If it makes sense to license drivers and register cars, then it would make sense to license pilots and register airplanes. And we do. That’s parallel logic.
However, if it makes sense to license gun owners and register guns, then it would make sense to license writers and register printing presses. That would be parallel logic, too. But we don’t do that, because that doesn’t make sense. That’s because those are rights, and government has no legitimate power to license your rights.
So, why would an honest writer object to having a license? Most reporters I know can’t answer that question, which explains why so many support “universal registration” — they understand the issue very poorly. I’ll answer it for you.
If you must pass a government test, pay a tax called a “fee,” get fingerprinted, photographed, listed in the criminal database and carry around your card with an expiration date to publish an article, or else go to prison, that’s flat out wrong. Licensing and registering freedom is tyrannical, assaults the innocent and serves no legitimate purpose in America. That’s why.
—Alan Korwin, Scottsdale
The writer is author of “The Arizona Gun Owner’s Guide.”
Cops over react to trivial comments as they always do.
Police take precautions for trivial Dobson HS bomb threat
Cops over react to trivial comments as they always do.
But don't think of it as a waste of our tax dollars. I am sure the cops who do this view it as a jobs program to justify the high pay they receive.
And of course H. L. Mencken had it nailed perfectly with his comment:
"The whole aim of practical politics
is to keep the populace alarmed (and
hence clamorous to be led to safety)
by menacing it with an endless series
of hobgoblins, all of them imaginary."
Source
Incidents like Dobson HS bomb threat force schools, police to take extra precautions
Posted: Saturday, February 9, 2013 8:12 am
By Michelle Reese, Tribune
Just one day after schools in Tempe were put into lockdown, Mesa’s Dobson High School was partially evacuated Friday following a bomb threat.
School and police officials said they collaborate to determine when to ask school principals and teachers to lock their doors and keep students away from potential harm.
“We work together with the schools to try to determine, for the safety of the students and staff, when it would be best to lockdown a school, depending on the situation,” said Mesa Police’s Det. Steve Berry.
Friday’s lockdown of Dobson High was prompted after a student made a comment about a bomb during class, Berry said. It was heard by students and his teacher, who contacted the school resource officer — a licensed Mesa Police officer — who was on campus.
“The boy was detained. The wheels were set in motion to make sure this was not a credible threat,” Berry said. “Once he realized he was going to be taken serious, that this was not a joke, he tried to recant. That’s not going to stop us from moving forward to assure everything is safe.”
After students were evacuated from parts of the school — and other parts were put on lockdown — police determined it was safe to return to class.
Since December’s tragic shooting at Sandy Hook Elementary School in Newtown, Conn., East Valley school officials say they are fielding more calls and questions from parents about safety.
“Since December, many people are on heightened alert mode,” Tempe Elementary School District spokesperson Monica Allread said. “Parents want to know anything that happens at the school that’s out of the ordinary. We’re working hard to make sure they know that.”
Mesa Unified School District spokesperson Helen Hollands said there are a few reasons for lockdowns in a school.
“There are lockdowns that happen because of an external incident. That would be if police are dealing with a suspect in an area. Those are always called by the law enforcement agency,” she said. “The other would be if we go into a lockdown for a campus related or internal reason. Most of the time, it’s a collaboration between the school district and the police or law enforcement agency to decide if it’s appropriate to go into lockdown.”
A school principal may also put a school in lockdown if there is an active situation, she said.
“If the event is active and there is an immediate threat or danger, the site administrator would call the lockdown immediately and then notify police,” she said.
After the Sandy Hook shooting, the Mesa school district decided to move up plans to do a campus-by-campus safety analysis. The Mesa school district governing board will hear that report Tuesday during a work study session that begins after an executive session at 5 p.m.
“That will look at what we need to do to make our sites physically more safe for students and staff,” Hollands said.
The district is also looking at the policies, procedures, practices and protocol that are used on campuses.
“That’s underway right now. That will be a report that could change protocol. Sometimes it’s helping to close a gap between practice and protocol,” she said.
Tempe’s Allread said during the last two school years, she sent out three letters each year notifying parents that a lockdown took place. This year, including Thursday’s incident, she has already sent out five.
A handful of schools in Tempe were put on lockdown while police searched an area for a suspect from a road rage incident.
Mesa didn’t have a count of the number of lockdowns used so far this school year as of press time.
Allread said the Tempe Elementary School District looked at its safety and security measures last summer.
“But we’re always looking a safety and security and certainly after what happened in December, we took a look at what they had in place and tried to learn any lessons we could,” she said.
The 16-year-old student detained by police could face charges, Mesa Police’s Berry said. The student could also face punishment from the district, from a short suspension to expulsion, depending on the circumstances, Hollands said.
“At this point, without having any due process evaluation, I couldn’t say where within this guideline it would fall. It has a range, because you need to take into account all the mitigating circumstances,” she said.
Contact writer: (480) 898-6549 or mreese@evtrib.com
A serial killer speaks out against the death penalty
A serial killer speaks out against the death penalty
OK, he is not your run of the mill serial murderer, he is a serial murderer that works for the government killing people.
Source
Ex-Virginia executioner becomes opponent of death penalty
By Justin Jouvenal, Published: February 10
Jerry Givens executed 62 people.
His routine and conviction never wavered. He’d shave the person’s head, lay his hand on the bald pate and ask for God’s forgiveness for the condemned. Then, he would strap the person into Virginia’s electric chair.
Former executioner opposes death penalty: Jerry Givens executed 62 people in Virginia’s electric chair. Since leaving his job he has become one of the state’s most visible — and unlikely — opponents to capital punishment.
Givens was the state’s chief executioner for 17 years — at a time when the commonwealth put more people to death than any state besides Texas.
“If you knew going out there that raping and killing someone had the consequence of the death penalty, then why are you going to do it?” Givens asked. “I considered it suicide.”
As Virginia executed its 110th person in the modern era last month, Givens prayed for the man, but also for an end to the death penalty. Since leaving his job in 1999, Givens has become one of the state’s most visible — and unlikely — opponents of capital punishment.
His evolution underscores that of Virginia itself and the nation. Although polls show that the majority of state residents still support the death penalty, Virginia has experienced a sea change on capital punishment in recent years that is part of a national trend.
The state has had fewer death sentences over the past five years than any period since the 1970s. Robert Gleason, who was put to death Jan. 16, was the first execution in a year and a half. As recently as 1999, the state put 13 to death in a single year.
Nationwide, the number of death sentences was at record lows in 2011 and 2012, down 75 percent since 1996, according to the Death Penalty Information Center. Five states have outlawed capital punishment in the past five years, and Maryland Gov. Martin O’Malley (D) affirmed plans to push for a moratorium there. Gallup polls show support for capital punishment ebbing.
Givens’s improbable journey to the death chamber and back did not come easily or quickly for the 60-year-old from Richmond. A searing murder spurred his interest in the work, but it was the innocent life he nearly took that led him to question the system. And he was changed for good when he found himself behind bars.
His story helps explain how a state closely associated with the death penalty for decades has entered a new era.
“From the 62 lives I took, I learned a lot,” Givens said.
The first execution
Friends and strangers regularly ask Givens the essential question: What is it like to take another man’s life? In answering, he vividly recalls his first execution, in 1984.
That it involved one of America’s most notorious killers helped solidify Givens’s feelings then that the death penalty was just.
Linwood Briley was one of three brothers in a gang responsible for one of the bloodiest murder sprees — and death row escapes — in state history.
The day before Briley’s execution, Givens said, the death row team began a standard 24-hour vigil, monitoring Briley at the now-shuttered Virginia State Penitentiary in Richmond. The goal, as Givens put it, was to keep the condemned from killing himself before the state could. [Wow, those government folks will do anything to get their bloodthirsty wish of killing people they consider scum]
Nevertheless, the first execution took a toll. Givens said the most difficult part of that execution — or any other — was something he called the “transformation.”
Givens worked as a prison guard “saving lives” most of the time, as he put it, but when he took on the role of executioner, he had to become a killer.
Before Briley was put to death, he asked to be baptized, Givens said. The death team took him to the penitentiary’s chapel, and Givens prayed alongside the man whose life he would soon end.
Find Virginia executions from 1982 to present by year, method of execution and by the victims’ names.
“We don’t know our day and time, but these guys do,” Givens said of death row inmates. “They can repent. This is the advantage they have.”
The team moved Briley to the death chamber, and he was strapped in the electric chair. Givens took up a position along a wall outside, where the button was located. He could see Briley’s back through a small window.
At these moments, Givens said, he would empty his mind to avoid fear, insecurities or regret. He was solely focused on the grisly mechanics of electrocution.
“You are concentrating on the body itself,” he said. “With that much electricity, you are going to get burning and smoke. You want to make sure the current is right.”
At 11 p.m. Oct. 12, 1984, Givens pushed the button. He saw Briley’s body spasm through the window. And then it was over. He had taken his first life.
Inevitably, Givens said the emotion of an execution would come flooding back.
“You are not going to feel happy,” Givens said. “You feel for the condemned man’s family and the victim’s family. You have two sets of families that are losing someone.”
The chamber and back
Givens grew up in the Creighton Court housing complex in Richmond, where he also graduated from high school in the early 1970s. By 1974, he had gotten a job at a Philip Morris plant and then lost it after fighting with a co-worker.
He recalled someone telling him that he should apply for a job at the state penitentiary before he got sent there. Givens did just that.
After two years as a prison guard, he said, a supervisor approached him about working on death row. He would not be paid extra, but he accepted the job. The deciding factor, he said, was an event that marked him early in life.
When he was 14, Givens said, he was at a house party in Creighton Court. He spied a girl next to a window, and as he was trying to get up the confidence to ask her to dance, a gunman burst up a flight of stairs.
The man was looking for someone at the party, but he fired randomly and killed the girl.
Givens was furious. The incident left him with a firm conviction: Killers such as that shooter deserved to die.
In the years ahead, Givens said, he would recall the girl’s shooting each time he had to prepare for an execution. It was a touchstone that helped him carry out the grim work of the death chamber.
After Briley, the executions would come in quicker succession through the 1980s and 1990s. Givens executed Linwood Briley’s brother James in 1985. In 1993, it was Syvasky Poyner, who killed five women during an 11-day spree in southeast Virginia, and David Mark Pruett, who admitted to raping and killing his best friend’s wife.
Ultimately, though, it was a man he didn’t execute who would make the biggest impression. Earl Washington Jr. was sentenced to death in 1984 in the rape and killing of a 19-year-old mother of three in Culpeper.
Washington, who has an IQ of about 69, admitted to the killing, although many of his answers were inconsistent with the facts of the case. Just days before his scheduled execution in 1985, lawyers secured a stay based on doubts about his guilt.
In 1993, DNA tests provided strong evidence that Washington was not the killer. Then-Gov. L. Douglas Wilder (D) commuted his sentence to life in prison. After testing with a more advanced forensic science, Washington was cleared and eventually granted an absolute pardon, making him the first person on Virginia’s death row to be exonerated by DNA evidence.
It was a landmark moment locally and nationally. The case was among the first in a wave of exonerations based on post-conviction DNA testing. There have been 302 such cases across the nation, including 18 death row inmates, according to the Innocence Project.
Experts and opponents of the death penalty say the exonerations have been a key factor in the recent decline in death sentences in Virginia and elsewhere. They say judges and juries have become more sophisticated about how the system can fail and therefore more leery of applying a penalty that cannot be reversed.
The DNA testing “was a scientific process totally outside the system that said, ‘You’ve got the wrong guy,’ ” said Richard Dieter, executive director of the Death Penalty Information Center and an opponent of the death penalty. “The fact that you had the entirely wrong person was a revelation to some people.”
The man who would have been Washington’s executioner was one of them. Givens said the case shook his faith in the justice system. He came within days of putting an innocent man to death.
“If I execute an innocent person, I’m no better than the people on death row,” Givens said.
From executioner to inmate
Despite his growing reservations, Givens continued to work as Virginia’s chief executioner through the late 1990s. He had risen to the rank of captain in the Department of Corrections, raised a family and become an assistant football coach at a Richmond area high school.
But then it fell apart. Givens was charged with money laundering and lying to a federal grand jury about it in 1999. Prosecutors said Givens and an old friend from Creighton Court purchased a car together using proceeds Givens knew came from drug dealing. Givens was put on trial.
“There’s a fine line between lawfulness and unlawfulness,” the U.S. attorney reportedly told the jury in the case. “There are a lot of good things about Jerry Givens. He is by no means the worst criminal any of us will ever meet, but he did cross the line.”
Givens maintains his innocence, but he was convicted and forced to resign from the Department of Corrections. His distrust of the justice system was cemented.
The prison guard became an inmate and spent four years behind bars.
“This was God’s way of waking me up,” Givens said.
His incarceration gave him time to think and deepened his Baptist faith. He said he read the Bible more often — the story of Jesus’s crucifixion held a lot for a man who had spent his adult life putting people to death.
Givens said a pivotal moment came one day as he was walking around the prison track, where he often talked with God. He said God asked him a thorny question: Would Givens have executed His son if He were on death row?
Givens said he could give only one reply: No, because Jesus was the son of God. He said he realized what he had done as executioner was not compatible with Jesus’s teachings of forgiveness. He realized that he could no longer support the death penalty. He said God told him to share his story.
Evelyn Givens said she thought her brother’s change was possibly the result of guilt about what he had done and a desire to spare others from “walking in his shoes.”
“He doesn’t want anyone else to feel what he felt,” she said.
After he was released from prison in 2004, he found work as a truck driver. Jonathan Sheldon, a lawyer and former executive director of Virginians for Alternatives to the Death Penalty (VADP), recalls hearing about Givens through a mutual acquaintance.
They agreed to meet at a Burger King off Interstate 95 outside Richmond. The activist and the former chief executioner sat across from each other, talking about the death penalty.
“It was quite a funny meeting,” Sheldon said.
It also planted a seed that would grow in the coming years.
Givens started attending VADP meetings and joined the board about 2009. He began giving speeches across the country about his experiences as chief executioner and his newfound opposition to the death penalty.
The work hit a high point in 2010, when he testified at a state legislative hearing on a bill that would expand the death penalty to accomplices in murders. Givens’s emotional testimony about the impact of death row work helped defeat it.
“The people who pass these bills, they don’t have to do it,” Givens said afterward. “The people who do the executions, they’re the ones who suffer through it.”
Sen. J. Chapman “Chap” Peterson (D-Fairfax) said it was a key moment.
“It was so dramatic, you could have heard a pin drop,” Peterson said. “No one knew who he was, and then he announced he had been the state’s chief executioner and gave an emotional and raw speech. It was something out of Dickens.”
All the while, Virginia was changing as well.
David Bruck, a law professor at Washington and Lee University’s law school and an opponent of capital punishment, said a number of other factors have contributed to the decline in use of the death penalty in Virginia.
Like most states, Virginia has enacted sentences of life without parole, giving juries and prosecutors an alternative. The creation of the state’s capital public defender system has given those facing the death sentence better representation.
Bruck also said the state’s prosecutors, who are elected in Virginia, feel less public pressure to pursue the death penalty than in years past because it has faded as a key political issue.
“Our death sentencing rate is becoming similar to states like Colorado that have the death sentence on the books but hardly use it,” Bruck said.
That’s good news to someone such as Givens. He said he has gained a measure of peace through his new calling. He wrote a book about his experiences, which was released last year.
Nevertheless, he still wonders whether there were any innocents among the 37 people he executed via the electric chair and the 25 by lethal injection. The man who prayed for the forgiveness of each of the condemned said he may need it himself.
“The only thing I can do is pray to God to forgive me if I did,” Givens said. “But I do know this — I will never do it again.”
North Korea tested miniature nuclear device
I am not a fan of North Korea, but having a nuclear bomb is almost a guarantee of preventing the American Empire from invading them like we have numerous other countries.
Bullies and tyrants like the American government don't terrorize countries that can defend themselves.
Source
North Korea tested miniature nuclear device, state media says
By David Pierson
February 11, 2013, 11:42 p.m.
BEIJING – North Korea tested a nuclear device Tuesday, state media said, defying international pressure to stop such activities and drawing quick condemnation from the White House.
State media said North Korea successfully detonated a miniature atomic bomb underground in a test geared toward protecting its safety and sovereignty from the United States.
The White House, meanwhile, issued a statement saying "these provocations do not make North Korea more secure."
“Far from achieving its stated goal of becoming a strong and prosperous nation, North Korea has instead increasingly isolated and impoverished its people through its ill-advised pursuit of weapons of mass destruction and their means of delivery," the White House statement said.
This is the third nuclear test for North Korea, and it comes on the heels of its launch in mid-December of a multistage rocket that put a small satellite into orbit. The technology for a satellite launch is similar to that of an intercontinental ballistic missile, with the main difference being the type of payload it carries.
Experts believe North Korea is still far from making a nuclear weapon that can reach the United States but that it is making strides quickly.
A nuclear test had been suspected Tuesday before state media reported the underground test because South Korea had detected signs of a man-made seismic event across its northern border.
The North Korean official news agency said the device was more powerful than the previous two the country had tested and was aimed at keeping its archrival, the United States, in check.
The size of the bomb is significant because North Korea hopes to build a warhead small enough to be mounted on a missile that can reach American soil.
Experts said it was too early to tell whether the device contained highly enriched uranium, which is easier to conceal. The last two North Korean nuclear tests in 2006 and 2009 used plutonium.
“To be able to tell whether they have tested uranium or plutonium, we have to collect the gas leaked from the … test site,” said Kim Min-seok, a spokesman for the South Korean Defense Ministry. “We can't tell for sure for now.”
Russia and Britain reportedly condemned the North Korean nuclear test, which defied United Nations instructions to shutter its atomic program or risk greater sanctions.
China, another permanent member of the U.N. Security Council, had yet to issue a statement.
Dorner manhunt: Officers opened fire on mother, daughter
Let me get this straight. Teachers and school employees can't
be trusted to have a gun to defend their children against some
nut job who wants to murder them. But these trigger happy
nut job cops can be trusted to protect our children???
Look I will trust the teachers with a gun any day of the year,
but I wouldn't let these trigger happy cops get anywhere near
the school campus
Source
Dorner manhunt: Officers opened fire on mother, daughter
February 9, 2013 | 7:47 am
In their pursuit of a fugitive ex-cop, at least seven officers opened fire on what turned out to be
a mother and daughter delivering newspapers on a quiet residential street, law enforcement sources
told The Times.
It was "a tragic misinterpretation" by officers working under "incredible tension," LAPD Chief
Charlie Beck said Friday in an interview with The Times.
Margie Carranza, 47, and her mother, Emma Hernandez, 71, were the victims.
Early Thursday morning, Christopher Jordan Dorner, 33, allegedly shot three police officers, one
fatally. And, in an online posting authorities attributed to him, Dorner threatened to kill more
police and seemed to take responsibility for the slaying over the weekend of the daughter of a
retired LAPD captain and her fiance.
Then around 5 a.m. Thursday in Torrance, police from nearby El Segundo saw a pickup truck exit a
freeway and head in the general direction of the Redbeam Avenue residence of a high-ranking Los
Angeles police official, which was being guarded by a group of LAPD officers.
A radio call indicated that the truck matched the description of Dorner's gray Nissan Titan.
As the vehicle approached the house, officers opened fire, unloading a barrage of bullets into the
back of the truck. When the shooting stopped, they quickly realized their mistake. The truck was
not a Nissan Titan, but a Toyota Tacoma. The color wasn't gray, but aqua blue. And it wasn't Dorner
inside the truck, but Carranza and her mother delivering copies of the Los Angeles Times.
Beck and others stressed that the investigation into the shooting was in its infancy. They declined
to say how many officers were involved, what kind of weapons they used, how many bullets were fired
and, perhaps most important, what kind of verbal warnings — if any — were given to the women before
the shooting began.
"How do you mistake two Hispanic women, one who is 71, for a large, black male?" said Richard Goo,
62, who counted five bullet holes in the entryway to his house.
Glen T. Jonas, the attorney representing the women, said the police officers gave "no commands, no
instructions and no opportunity to surrender" before opening fire. He described a terrifying
encounter in which the pair were in the early part of their delivery route through several South
Bay communities. Hernandez was in the back seat handing papers to her daughter, who was driving.
Carranza would briefly slow the truck to throw papers on driveways and front walks.
As bullets tore through the cabin, the two women "covered their faces and huddled down," Jonas
said. "They felt like it was going on forever."
Hernandez was shot twice in her back and is expected to recover. Her daughter escaped with only
minor wounds from broken glass.
Beck said he had not yet received a detailed briefing, which typically occurs a few days after
officer-involved shootings to give investigators time to collect evidence and put together the
basic summary of what happened. But he did say that the gunfire occurred in two bursts: The first
came from an officer positioned down the block from the LAPD official's residence, and the second
when Carranza accelerated away from the gunfire and toward other officers.
After the investigation is completed, Beck and an oversight board will decide if officers were
justified in the shooting or made mistakes that warrant either punishment or training.
Arizona AG Tom Horne wants his hit and run case tossed
Arizona Attorney General Tom Horne wants his hit and run case tossed
Source
Arizona Attorney General Tom Horne wants traffic case tossed
Associated Press Wed Feb 13, 2013 5:10 PM
PHOENIX — Lawyers for Arizona Attorney General Tom Horne asked a judge Wednesday to dismiss a misdemeanor hit-and-run case against him, arguing he’s being singled out for prosecution and FBI agents who witnessed the incident while tailing him are refusing to answer questions.
A court filing obtained by The Associated Press accused the FBI’s top agent in Arizona of personally calling Phoenix Police Chief Daniel V. Garcia and asking him to investigate after FBI agents tailing Horne saw him back into another vehicle and leave. Horne’s lawyer, Michael D. Kimerer, wrote in his court filing that police did so even though it violated their own written policy of not investigating cases involving less than $5,000 in private property damage.
Kimerer wrote that singling out Horne for prosecution violates the U.S. Constitution’s Equal Protection clause. The only logical explanation for doing so when others are not investigated or prosecuted for similar crimes is that Horne is an elected official.
Horne is accused in Phoenix city court of not stopping or leaving a note after he backed a borrowed car he was driving into another vehicle. FBI reports released by Phoenix police in October say he left the scene because he was having an affair with a female employee who was in the car and he didn’t want their relationship to be reported.
Horne has declined comment on allegations of an affair and repeatedly said he didn’t know he had caused any damage. He declined comment Wednesday, referring instead to the court filing.
The agents who were following Horne in March 2012 had apparently been doing so during the course of a campaign finance investigation, although agents interviewed by Kimerer refused to say that was the case.
The FBI waited seven months before notifying Phoenix police, until after the Maricopa County attorney’s office filed civil charges in the campaign finance case.
“It just shows animus the way they pursued this,” Kimerer said in an interview. “They were just rabid to get him.”
In the campaign finance case, Horne and employee Kathleen Winn are accused of illegally coordinating with an independent expenditure committee during the 2010 election. Horne is appealing Maricopa County Attorney Bill Montgomery’s findings that Horne illegally coordinated his 2010 campaign with a group that was supposed to be operating independently. The group aired television advertising critical of Horne’s general election opponent.
Montgomery is demanding that Horne’s 2010 campaign and the other group, Business Leaders for Arizona, return up to $513,000 of contributions. There also could be large civil fines.
Because of the alleged coordination, the contributions made to a group headed by a Horne ally who now works in his office actually were contributions that exceeded campaign finance limits on money given to candidates, Montgomery said. Candidates aren’t allowed to discuss strategy or other matters with so-called independent expenditure committees, but there’s evidence that Horne was involved in both raising money and deciding how to spend it on advertising by Business Leaders for Arizona, Montgomery said in October.
Horne, a lawyer who is the top-elected law enforcement official for the state, denied any coordination. He had been considering running for governor but now says he’ll seek re-election in 2014.
Sassing a cop is constitutionally protected free speech!!!
Source
Sassing a cop may be unwise, but it’s constitutionally protected
Talking back to a police officer while you’re under arrest is usually not the smartest move, a bit like tugging on Superman’s cape, or spitting into the wind. But it’s legal, according to a federal appeals court — and if the officer retaliates in some way, like hauling you off to jail instead of giving you a ticket and letting you go, you might be entitled to damages.
“Police officers may not use their authority to punish an individual for exercising his First Amendment rights,” the Ninth U.S. Circuit Court of Appeals in San Francisco said in a 2-1 ruling Feb. 8 that reinstated a lawsuit against the city of Yakima, Wash., and two of its policemen.
Eddie Ford, an African American who grew up in the central Washington community, was driving to his night-shift job at a bottling company in July 2007 when a police car came up from behind and stopped him, apparently for playing his stereo too loud. As Officer Ryan Urlacher approached, Ford got out of the car shouting that the stop was racially motivated. Urlacher told him to get back in the car, then said he would arrest Ford for violating a city noise ordinance, and commented, according to the court, that “he might only get a ticket if he cooperates.”
Ford kept talking for awhile after Urlacher handcuffed him, put him in the patrol car and threatened to jail him unless he shut up. He quieted down, but the officer drove him away and booked him at the suggestion of a superior officer, telling Ford that “your mouth and your attitude talked you into jail.” Urlacher later testified that he jailed Ford because of “his rageful … behavior towards the law enforcement,” which, the officer said, put public safety at risk.
Ford went to trial on the noise-violation charge, was found not guilty, and then sued for damages. A judge dismissed the suit, ruling that Urlacher had acted reasonably and had not punished Ford for freedom of speech, but the appeals court said a jury might conclude otherwise.
The Constitution protects “a significant amount of verbal criticism and challenge directed at police officers,” the court said, quoting a 1987 Supreme Court ruling. Even if police had reason to arrest Ford in the first place, they were not entitled to jail him in retaliation for speaking his mind, said the court majority, Judges Procter Hug and Dorothy Nelson.
Dissenting Judge Connie Callahan looked at the case through the other end of the telescope, the viewpoint of the officers. Once someone is under arrest, she said, that person’s free-speech rights are reduced, and police are entitled to jail someone like Ford based on what he says, which might indicate he posed a danger to himself or others. In this case, Callahan said, Urlacher may have simply been trying to give Ford “an opportunity to change his attitude,” and the court oversteps its bounds when it tries to “impose such etiquette upon peace officers.”
Robert Christie, a lawyer for the city and its police, said they agreed with Callahan and were considering whether to ask the full appeals court for a rehearing. Ford’s lawyer, William Pickett, said the court had reaffirmed a basic constitutional principle.
“Citizens have an absolute right to be critical of law enforcement, and they can vocalize that criticism without any fear of being retaliated against,” Pickett said.
The ruling can be viewed
here.
Let the police decide which rights we have???
Vanessa Goldberg thinks the police should decide which rights we are allowed to have
Vanessa Goldberg doesn't seem to understand that the whole purpose
of the Bill of Rights which includes the Second Amendment is to protect us from government tyrants.
And of course the police are the arm of government that tyrants use to force their will on us.
So if we let the "police" pick and choose which "rights" we get to keep, we will soon have no rights.
Source
Listen to police, not NRA
Wed Feb 13, 2013 9:08 PM
Listen to the police on the weapons issue!
Who would know the weapons issue better than the police, who are on the front lines of combating gun-related crimes and dealing with the horrific aftermaths? Should we not therefore listen to what they have to say about the question of gun control?
Should we not be made thoughtful by the fact that the International Association of Chiefs of Police has historically backed gun-control measures?
Their IACP website recently stated: “Our membership was, and remains, a leading proponent of universal background checks for gun purchases, the ban on military-style assault weapons, high-capacity magazines, and ensuring that the Bureau of Alcohol, Tobacco and Firearms (and Explosives) has both a permanent director and sufficient resources to enforce our nation’s gun laws.”
I ask my fellow readers: Should we listen to police chiefs or to the NRA?
— Vanessa Goldberg
Scottsdale
Drones will be coming to the "drug war" in Arizona???
This article says that the politicians don't want to let the police use drones to spy on Arizona's. But that is one great big LIE!!!!!
Of course later on in the article it says there will be exceptions for cops in the "drug war".
When you consider that two thirds of the people in American prisons are their for victimless drug war crimes, that means the police will be allowed to use drones in two thirds of police work they do which is about drug war crimes.
I am a little bit more negative on this issue, and my question is when will the police begin using drones to murder suspected "drug war" criminals, like the American government uses drones to murder suspected "terrorists" in Iraq, Afghanistan, Pakistan and other countries throughout the world.
Source
Arizona seeks to be a key player in drone work
By Alia Beard Rau The Republic | azcentral.com Wed Feb 13, 2013 11:35 PM
Arizona lawmakers are bidding to make the state a center for aerial-drone research, but they also want to make sure local police don’t use the unmanned surveillance aircraft to spy on Americans.
As the sophisticated eye-in-the-sky technology deployed by the military in the war on terror in Afghanistan and against drug cartels on the Mexican border becomes a Pentagon fixture, state lawmakers have introduced several bills this session to ensure that the state is part of the high-tech revolution, without turning Arizona into a “police state.”
The U.S. military has used drones around the world for more than a decade, patrolling hot spots, gathering evidence and launching airstrikes. The unmanned craft are nothing new to Arizona, either.
The federal government has used them within the state to help fight forest fires and patrol the border. The Fort Huachuca Army base in southern Arizona houses the largest unmanned-aircraft-system training center in the world, according to the Army, employing hundreds of private contractors and civilian instructors and training more than 1,300 students a year.
Arizona-based defense contractors are cashing in on what has become a $4 billion-a-year investment for the military alone, not to mention the growing private and foreign government uses.
And local universities are pushing to develop the necessary workforce. Embry-Riddle Aeronautical University in Prescott, the University of Arizona and Arizona State University offer programs related to drones.
Arizona lawmakers are doing their part via legislation to prepare for greater growth.
House Concurrent Resolution 2009, sponsored by Rep. Tom Forese, R-Chandler, reinforces Arizona’s push to be selected by the Federal Aviation Administration as one of six national drone- testing sites.
The National Defense Authorization Act, which President Barack Obama signed in 2011, authorized the establishment of sites where officials could test drones in civil airspace near commercial air traffic. The sites were scheduled to be chosen in December, but the FAA delayed a decision indefinitely, saying it needed to address safety and privacy concerns.
Arizona officials said they are hopeful the state will still be chosen. HCR 2009 has passed the House Public Safety, Military and Regulatory Affairs Committee with unanimous bipartisan support. It now awaits a vote of the full House.
Officials are also preparing for what they fear could be a worst-case scenario in the future of drone technology.
House Bill 2574, sponsored by Rep. Jeff Dial, R-Chandler, makes it illegal for state or local law-enforcement officials to use a drone to collect information unless they have a search warrant.
It also makes it illegal to monitor individuals inside their homes or places of worship. It has exceptions for law-enforcement officials investigating human trafficking or drug smuggling as long as they are doing so on public property or with permission on private property.
Dial said he is working on the bill and expects to make some changes. It has been assigned to the House public-safety committee but is not yet scheduled for a hearing.
Rep. Carl Seel, R-Phoenix, also introduced a bill that would forbid the state and local governments from assisting in any way with enforcing portions of the National Defense Authorization Act of 2012 that allows the military to detain a U.S. citizen. But Seel said he is putting his support behind Dial’s bill.
The bills come amid controversy surrounding a White House legal argument justifying drone-missile strikes against U.S. citizens who are part of terrorist groups overseas.
“We need to protect something called the Fourth Amendment,” Seel said, adding that he has heard “unverified” reports of drones being used to survey citizens in Arizona. The Fourth Amendment protects citizens from unreasonable searches.
He said the bills restricting drones are not intended to limit the federal government’s use of drones to protect the border.
Dial said his bill is intended to be pre-emptive.
“What I want to do is protect citizens’ rights,” he said.
“We don’t want to live in a police state. We don’t want to have drones everywhere in society.”
Dial also supports the resolution seeking to make Arizona a test site and efforts to promote drone research and business opportunities in the state. “I want the jobs here, and there are definitely uses for drones,” he said. “But I don’t want civil liberties and privacy invaded.”
He said the two bills address separate issues and can work together.
“The problem isn’t technology,” Dial said. “It’s how humans use the technology.”
Assistant House Minority Leader Ruben Gallego, D-Phoenix, a former Marine who serves on the House public-safety committee, said he wants to see the final details of Dial’s bill but supports the effort in general.
“Technology is always advancing, and we have to put safeguards in place to protect people’s civil liberties while still allowing drones to be used as a law-enforcement tool,” he said. “As long as we can find that balance, I don’t have any problem with the bill.”
Tom Horne continues to self destruct
To be honest laws should not be selectively enforced.
That is downright wrong.
But sadly the police routinely selectively enforce the law.
The police routinely apply the full force of the law to people
they dislike while ignoring the same violations committed by
other people that are not on the police hate list.
Of course one group of people the police routinely let violate
the law are elected officials, and government employees.
Cops are rarely if ever arrested and put on trial for crimes they
commit.
Source
Posted on February 14, 2013 8:25 am by Laurie Roberts
Tom Horne continues to self destruct
The attorney general of the state of Arizona is asking a judge to dismiss his misdemeanor hit-and-run charge.
Tom Horne says he’s being singled out because the head of the FBI in Arizona actually called the Phoenix police chief and asked him to investigate after his agents saw Horne back into a Land Rover and drive away without even checking for damage. Then, the Phoenix police chief actually agreed to investigate.
Oh, the agony, the utter unfairness of it all.
Horne’s attorney, Mike Kimerer, says police violated their own policy of not investigating such cases when the damage is less than $5,000.
And so it seems Horne’s constitutional rights have been trampled, shredded into bits just like his credibility.
There certainly are questions about why the FBI was following Horne in March 2012, as he and one of his employees at the AGs office were en route for a little lunchtime rendezvous at her apartment. Perhaps Horne will escape a misdemeanor conviction given the oh-so-outrageous conduct of the FBI and police chiefs.
Horne has denied doing anything wrong and pointed out that the damage, if any, was minor.
Perhaps so, as far as the Land Rover goes.
But damage to Horne’s career? That’s significant — and getting worse all the time as the top law enforcement official in the state attempts to wiggle his way out of responsibility for his own actions.
Legal Loophole Could Hold Up $1M Christopher Dorner Reward
Source
Legal Loophole Could Hold Up $1M Dorner Reward
By RUSSELL GOLDMAN | ABC News
A legal loophole could prevent good Samaritans, instrumental in ending the manhunt for a fugitive ex-cop accused of killing four people, from claiming more than $1 million in reward money because Christopher Dorner died and was not captured.
Last weekend, Los Angeles Mayor Antonio Villaraigosa pledged $1 million, sourced from private individuals, companies and unions, "for information that will lead to Mr. Dorner's capture."
The L.A. City Council followed up with its own promise of a $100,000 reward, for information "leading to the identification, apprehension and conviction of Christopher Dorner."
But Dorner, accused of killing four people and threatening the lives of several dozen more, was never captured, apprehended or convicted. Instead, he died following a standoff with police near Big Bear, Calif., when the cabin in which he was barricaded burned down with him inside.
The mayor's office has not yet determined if the reward could still be paid out given Dorner died.
"At this time, no decision has been made on the reward," Villaraigosa's spokesman Peter Sanders told ABC News.com in an email.
So far, none of the privately sourced "funds have been deposited into the City's 'Special Reward Trust Fund,'" according to the Frank T. Mateljan, spokesman for the city attorney.
That still leaves an additional $100,000 that the city council could pay with municipal money, but there legal questions there, as well.
"The reward is definitely still on the table," said Jessica Tarman, spokeswoman for Councilman Daniel Zine.
But there are still plenty of questions.
The council ultimately decides how and to whom the reward will get paid. If its members are feeling generous, they could interpret the language of the original offer to make sure a worthy recipient gets paid.
"Arguably, city law is broad enough to allow payment to persons who assisted in the "identification, apprehension OR arrest and conviction" of a suspect," Metaljan said in an email [emphasis his].
If the city decides to honor the reward, there are still multiple steps before a claimant can be paid.
Anyone who thinks they are worthy must apply in writing. That claim would then be reviewed by the LAPD robbery and homicide division, and a recommendation would be made to the police commissioner. The commissioner would tell the council to consider the claim, and the council would vote on it.
So far, no one has come forward to ask for the reward. More than 1,000 leads were called to a city hotline
One couple seems most deserving, if they decide to seek the reward. Jim and Karen Reynolds, a couple in whose Big Bear, Calif., home Dorner is believed to have hidden for days, called in the tip Tuesday that ultimately put police on the trail to Dorner's final location.
On Tuesday, the couple found Dorner at their home. He briefly held them captive, but they managed to escape and call in their tip.
Drones are taking to the skies in the U.S.
I wonder when the police will start using drones to murder suspected "drug dealers" and blow up suspected "crack houses" in American's insane and unconstitutional war on drugs!!!!
Source
Drones are taking to the skies in the U.S.
By Brian Bennett and Joel Rubin, Los Angeles Times
February 15, 2013, 5:20 p.m.
WASHINGTON — While a national debate has erupted over the Obama administration's lethal drone strikes overseas, federal authorities have stepped up efforts to license surveillance drones for law enforcement and other uses in U.S. airspace, spurring growing concern about violations of privacy.
The Federal Aviation Administration said Friday it had issued 1,428 permits to domestic drone operators since 2007, far more than were previously known. Some 327 permits are still listed as active.
Operators include police, universities, state transportation departments and at least seven federal agencies. The remotely controlled aircraft vary widely, from devices as small as model airplanes to large unarmed Predators.
The FAA, which has a September 2015 deadline from Congress to open the nation's airspace to drone traffic, has estimated 10,000 drones could be aloft five years later. The FAA this week solicited proposals to create six sites across the country to test drones, a crucial step before widespread government and commercial use is approved.
Local and state law enforcement agencies are expected to be among the largest customers.
Earlier this month, TV footage showed a midsized drone circling over the bunker in southeast Alabama where a 65-year-old gunman held a 5-year-old boy hostage. After a tense standoff, an FBI team stormed the bunker, rescued the boy and shot his captor. Authorities refused to say who was operating the AeroVironment drone, which has a 9-foot wingspan.
In Colorado, the Mesa County Sheriff's Office has used a fixed-wing drone to search for lost hikers in the mountains, and a helicopter drone to help crews battling fires. Flying manned planes or helicopters would cost at least $600 an hour, explained Ben Miller, who heads the program.
"We fly [drones] for less than $25 an hour," Miller said. "It's just a new way to put a camera up that's affordable."
Big-city police departments, including Los Angeles, have tested drones but are holding back on buying them until the FAA issues clear guidelines about operating in congested airspace, among other issues.
"You've got to take baby steps with this," said Michael Downing, the LAPD deputy chief for counter-terrorism and special operations.
Los Angeles Police Department officials went to Simi Valley in December, he said, to watch a demonstration of a helicopter-like device that measured about 18 inches on each side and was powered by four propellers. It could fly about 90 minutes on its battery.
Downing said the LAPD was "pursuing the idea of purchasing" drones, but wouldn't do so unless the FAA granted permission to fly them, and until the department could draw up policies on how to keep within privacy laws.
If the LAPD bought drones, Downing said, it initially would use them at major public events such as the Oscars or large protests. In time, drones could be flown to track fleeing suspects and assist in investigations. Tiny drones could even be used to fly inside buildings to shoot video if a suspect has barricaded himself within.
In theory, drones can offer unblinking eye-in-the-sky coverage. They can carry high-resolution video cameras, infrared sensors, license plate readers, listening devices and other high-tech gear. Companies have marketed drones disguised as sea gulls and other birds to mask their use.
That's the problem, according to civil liberties groups. The technology is evolving faster than the law. Congress and courts haven't determined whether drone surveillance would violate privacy laws more than manned planes or helicopters, or whether drone operators may be held liable for criminal trespassing, stalking or harassment.
"Americans have the right to know if and how the government is using drones to spy on them," said Catherine Crump, a lawyer for the American Civil Liberties Union, which has called for updating laws to protect privacy.
A backlash has already started.
In Congress, Reps. Ted Poe (R-Texas) and Zoe Lofgren (D-San Jose) introduced privacy legislation Thursday that would require police to get a warrant or a court order before operating a drone to collect information on individuals.
"We need to protect against obtrusive search and surveillance by government and civilian use," Poe said in a telephone interview. A similar bill failed last year.
Legislatures in 15 states are considering proposals to limit drone use. The City Council in Charlottesville, Va., passed a resolution on Feb. 4 barring local police from using drones — which they don't yet have — to collect evidence in criminal cases.
In Seattle, Mayor Mike McGinn ordered police to return two Draganflyer X6 helicopter drones earlier this month after privacy advocates and others protested. The police said they had hoped to use them for search-and-rescue operations.
Federal agencies fly drones to assist in disasters, check flood damage, do crop surveys and more. U.S. Customs and Border Protection flies the largest fleet, 10 unarmed Predators, along the northern and southern borders to help track smugglers and illegal immigrants.
Although flying drones might appear as easy as playing a video game, pilots and crews require extensive training.
In 2004 and 2005, the U.S. Marshals Service tested two small drones in remote areas to help them track fugitives, according to law enforcement officials and documents released to the ACLU under the Freedom of Information Act. The Marshals Service abandoned the program after both drones crashed.
Except in rare cases, the military is barred from using drones in U.S. airspace to conduct surveillance or pursue individuals. No state or federal agency has proposed arming domestic drones with weapons, but the prospect has raised alarms in Congress and elsewhere.
In response to a question during an online Google chat Thursday, President Obama said drones had never been used to kill "an American citizen on American soil."
"The rules outside of the United States are going to be different than the rules inside the United States, in part because our capacity, for example, to capture terrorists in the United States are very different than in the foothills or mountains of Afghanistan or Pakistan," Obama said.
No drone was sent up to help find suspected killer Christopher Dorner after his truck was found burning near Big Bear Lake on Feb. 7, said Al Daniel, an officer in the aviation division of the San Bernardino County Sheriff's Department. But Customs and Border Protection transmitted secure video from a Pilatus PC-12 plane to police commanders on the ground.
Despite a massive manhunt, Dorner vanished and authorities speculated he had escaped to Mexico. Five days later, however, he was found in a snowbound cabin near his truck and died after a shootout and fire.
The long delay, and the embarrassing fact that Dorner was hiding close by the police command post, sparked sharp criticism of police tactics and abilities.
Steve Whitmore, a spokesman for the Los Angeles County Sheriff's Department, said an aerial drone might have helped find Dorner more quickly.
"The search would have been much wider and quicker because you'd have an unmanned aircraft looking," he said. "You can cover more ground."
brian.bennett@latimes.com
joel.rubin@latimes.com
Bennett reported from Washington and Rubin from Los Angeles. Times staff writer Robert Faturechi in Los Angeles contributed to this report.
China to use drones to murder suspected drug war criminals????
Please don't give a copy of this article to the FBI, or DEA, they will
probably copy the idea and use it to murder suspect drug war criminals
in the USA. If they are not already secretly doing it.
Source
Chinese Plan to Kill Drug Dealer With Drone Highlights Military Advances
By JANE PERLEZ
Published: February 20, 2013
BEIJING — China considered using a drone strike in a mountainous region of Southeast Asia to kill a Myanmar drug lord wanted in the killings of 13 Chinese sailors, but decided instead to capture him alive, according to an influential state-run newspaper.
The plan to use a drone, described to the Global Times newspaper by a senior public security official, highlights China’s increasing capacity in unmanned aerial warfare, a technology dominated by the United States and used widely by the Obama administration for the targeted killing of terrorists.
Liu Yuejin, the director of the public security ministry’s antidrug bureau, told the newspaper that the plan called for using a drone carrying explosives to bomb the outlaw’s hide-out in the opium-growing area of Myanmar in the Golden Triangle at the intersection of Laos, Thailand and Vietnam.
China’s law enforcement officials were under pressure from an outraged public to take action after 13 Chinese sailors on two cargo ships laden with narcotics were killed in October 2011 on the Mekong River. Photos of the dead sailors, their bodies gagged and blindfolded and some with head wounds suggesting execution-style killings, circulated on China’s Internet.
It was one of the most brutal assaults on Chinese citizens abroad in recent years. Naw Kham, a member of Myanmar’s ethnic Shan minority and a major drug trafficker, was suspected in the killings.
A manhunt by the Chinese police in the jungles of the Golden Triangle produced no results, and security officials turned to a drone strike as a possible solution.
China’s global navigation system, Beidou, would have been used to guide the drones to the target, Mr. Liu said. China’s goal is for the Beidou system to compete with the United States’ Global Positioning System, Russia’s Glonass and the European Union’s Galileo, Chinese experts say.
Mr. Liu’s comments on the use of the Beidou system with the drones reflects the rapid advancement in that navigation system from its humble beginnings more than a decade ago.
The experimental navigation system was started in 2000 and has since expanded to 16 navigation satellites over Asia and the Pacific Ocean, according to an article in Wednesday’s China Daily, an English-language state-run newspaper. The Chinese military, particularly the navy, is now conducting patrols and training exercises using Beidou, the newspaper said.
As an example, China Daily quoted the information chief at the headquarters of the North Sea Fleet, Lei Xiwei, saying a fleet with the missile destroyer Qingdao, along with the missile frigates Yantai and Yancheng, entered the South China Sea on Feb. 1 using the Beidou navigation system to provide positioning, security and protection for the fleet.
As China has been vastly improving its navigation system, it is also making fast progress with drones, and many manufacturers for the Chinese military have research centers devoted to unmanned aerial vehicles, according to a report last year by the Defense Science Board of the Pentagon.
Two Chinese drones, apparently modeled on the American Reaper and Predator unmanned aerial vehicles, were unveiled at the Zhuhai air show in November. A larger drone that Western experts say is akin to the American RQ-4 Global Hawk is also known to be in the Chinese arsenal.
One of the Chinese drones, the CH-4, had a range of about 2,200 miles and was ideal for surveillance missions over islands in the East China Sea that are the subject of a dispute between China and Japan, an official with the China Aerospace Science and Technology Corporation said at the Zhuhai air show.
China has acknowledged a pilot program that uses drones as part of its stepped-up surveillance of its coastal areas, as well as in the South China Sea and the East China Sea.
By 2015, the State Oceanic Administration has said it plans to use drones along China’s coastline on a permanent basis and would establish monitoring bases in provinces along the coastline for drones.
As for Naw Kham, the fugitive, he was captured by Lao authorities at the Mekong River port of Mong Mo after a six-month hunt in the jungles of the Golden Triangle by the combined police forces of China, Myanmar, Thailand and Laos. After his extradition to China, Naw Kham received a death sentence from a Chinese court in Yunnan Province and awaits execution, according to Chinese press reports.
“We didn’t use China’s military, and we didn’t harm a single foreign citizen,” Mr. Liu bragged after the arrest in April 2012.
Bree Feng contributed reporting.
Drones have murdered 4,700 - U.S. Sen. Lindsey Graham
My only question is when will the American Empire
start using drones to murder suspected drug dealers
on American soil.
If Obama, the CIA, DEA and Generals in the military
don't have any qualms about being the judge, jury and
executioner of suspect or accused criminals
on foreign soil, I doubt if they won't have any qualms about
murdering suspected drug dealers on American soil.
I wonder what the cost of each of these murders was.
The General Atomics MQ-1 Predator program cost $2.38 billion.
Dividing the $2.38 billion by the 4,700 drone murders gives us a
cost of $506,382 per drone murder. Of course that doesn't
count for the operation costs of the program, such as manpower
and fuel.
Source
Drones have killed 4,700, U.S. senator says
By Olivier Knox, Yahoo! News
Just how many people have America’s drones killed? Republican Sen. Lindsey Graham has put the death toll at 4,700 — the first time an American official has publicly put a precise figure on the impact of strikes by unmanned aerial vehicles. The South Carolina lawmaker's office said he was citing an estimate already discussed on cable television.
Graham, a member of the Senate Armed Services Committee, used the figure during a question and answer session on Tuesday with the Rotary Club of Easley in his home state of South Carolina. His remarks were first reported by the Easley Patch.
“We've killed 4,700,” the lawmaker said. “Sometimes you hit innocent people,
and I hate that, but we're at war, and we've taken out some very senior members of al-Qaida.”
Drone strikes, President Barack Obama’s signature tactic for killing suspected al-Qaida
and other extremist fighters, have been “very effective,” said Graham.
“It's a weapon that needs to be used.”
Amid a controversy sparked by Obama’s targeted assassination of American citizens overseas suspected of consorting with terrorists, Graham came down sharply against any judicial oversight of the drone war, calling the idea “crazy.”
“I can't imagine, in World War [II] for Roosevelt to have gone to a bunch of judges and said,
'I need your permission before we can attack the enemy,'” Graham said.
Drone war expert Micah Zenko of the Council on Foreign Relations noted on his blog that Graham’s figure lined up with the high-end estimate by The Bureau of Investigative Journalism.
“Either Graham is a big fan of TBIJ’s work, or perhaps he inadvertently revealed the U.S. government’s body count for nonbattlefield targeted killings,” Zenko said.
Asked about the disclosure, Graham's office forwarded a clip from MSNBC
in which the anchor cites the figure of 4,700 killed. Asked whether the Obama Administration harbored any concerns about Graham's comments, National Security Council Spokesman Tommy Vietor sent along a blog post including the same clip.
Graham's remarks, as reported, did not specify whether he was discussing CIA drone strikes or military drone strikes.
Obama's expanded drone war has broad popular support in the U.S., according to a poll released earlier this month by the nonpartisan Pew Research Center. That survey found 56 percent support such strikes and 26 percent oppose them. At the same time, 53 percent worry about potential civilian casualties. But overseas it faces majority opposition, Pew found last year.
TSA apologizes for screening that upset girl, 3
You never can be too careful. My sister's 3 year old daughter packs an AK-47
and defected to the Taliban when she was 18 months old.
From letters she has written back home that toddler has killed
at least 12 American soldiers in her jihad against sick American values.
I'm just joking, but I suspect the TSA thugs are 100 percent serious
when it comes to suspecting that all 3 year old children are armed
with AK-47s and members of the Taliban. Especially the ones with brown skin.
Source
TSA apologizes for screening that upset girl, 3
Associated Press Thu Feb 21, 2013 10:35 AM
ST. LOUIS — The Transportation Security Administration is apologizing after agents at Lambert Airport in St. Louis sought to screen a 3-year-old girl in a wheelchair.
The mother of the child shot video that caused a stir in social media after it was posted online.
The incident happened Feb. 8. The girl and her family were about to fly to Disney World in Orlando, Fla. A TSA agent asked to pat down the 3-year-old and screen her wheelchair. The agent initially told the girl’s mother, Annie Schulte, it was illegal to tape the activity.
On the video, the little girl, Lucy, who has spina bifida, is seen crying.
Agents eventually decided against a pat-down.
The TSA says it regrets the incident and will address concerns with its workers.
Afghanistan - a jobs program for generals???
Afghanistan - a jobs program for generals??? A government welfare program for generals??? Both???
Source
NATO Plan Tries to Avoid Sweeping Cuts in Afghan Troops
By THOM SHANKER
Published: February 21, 2013
BRUSSELS — NATO defense ministers are seriously considering a new proposal to sustain Afghanistan’s security forces at 352,000 troops through 2018, senior alliance officials said Thursday. The expensive effort is viewed as a way to help guarantee the country’s stability — and, just as much, to illustrate continued foreign support after the NATO allies end their combat mission in Afghanistan next year.
The fiscal package that NATO leaders endorsed last spring would have reduced the Afghan National Security Forces to fewer than 240,000 troops after December 2014, when the NATO mission expires. That reduction was based on planning work indicating that the larger current force level was too expensive for Afghanistan and the allies to keep up, and might not be required. Some specialists even argued that the foreign money pouring into Afghanistan to support so large a force was helping fuel rampant official corruption.
Recruiting, training, equipping and operating Afghanistan’s army and national police forces at their present level will cost about $6.5 billion for the current American fiscal year, which ends Sept. 30. Afghanistan pays $500 million of that total, its international partners add $300 million, and the United States provides the remaining $5.7 billion.
Senior NATO officials said Thursday that the allies were examining a new assistance package to Afghanistan that would last at least five years and keep the security forces at the higher troop level.
The alliance is “strongly considering” the proposal, said one senior NATO official, although many of its provisions are not yet settled, including how the cost would be shared. That official and others who described the closed-door deliberations did so on standard diplomatic rules of anonymity.
Defense Secretary Leon E. Panetta joined his counterparts at the alliance’s headquarters here in Brussels on Thursday to open a two-day conference, their first since President Obama announced in his State of the Union address that the United States would draw down its forces in Afghanistan by 34,000 troops within a year.
NATO officials acknowledged that the Taliban and other insurgent groups in Afghanistan were pointing to the approaching end of the coalition combat mission as proof that the United States and its allies were abandoning Afghanistan, repeating a cycle of intervention and withdrawal. Alliance officials worry that ordinary Afghan citizens and even some Afghan leaders could adopt the same view. So NATO is discussing expanded financial aid and the continued presence of a small contingent of American and allied troops after 2014 as concrete proof of continued foreign support for Afghanistan, officials said.
“The will and the endurance and the commitment of the coalition equals the confidence and hope on the part of the Afghans,” said one NATO official.
“There is a post-2014 mission,” the official added. “There is a train-advise-and-assist mission. And we are going to use that as an insurance policy, to ensure that the success we’ve had over the past 12 years will continue.”
One thing NATO forces are trying to achieve as they hand off security responsibilities to Afghan forces is to diminish the insurgents’ ability to depict foreign forces as invaders and occupiers.
“The Afghans will be in the lead across the nation this spring,” the official said. “At that point, we now will have Afghans fighting Afghans. It’s pretty hard to talk about the coalition as occupiers at that point.”
NATO officials who have been briefed on the current military plans say that even with the new withdrawal timeline set by Mr. Obama, the bulk of American forces now in Afghanistan will stay there through the summer fighting season and then withdraw in late autumn and early winter.
“The commanders on the ground believe they have the flexibility to do this mission and absorb the drawdown,” one NATO official said. “This drawdown can be done without interfering with our campaign objectives.”
Senior NATO officials also said Thursday that Gen. Philip M. Breedlove, currently the commander of United States Air Force units in Europe and Africa, was emerging as the Mr. Obama’s likely nominee to be the alliance’s supreme military commander, who is customarily an American. Gen. John R. Allen, of the Marine Corps, had been in line for the post, but he announced his retirement recently.
General Breedlove is the Air Force’s top officer for the European Command and for the Africa Command, and thus is well known at NATO. He was commissioned into the Air Force in 1977 from the R.O.T.C. program at Georgia Tech. According to his official biography, he has commanded a fighter squadron, an operations group and three fighter wings, and rose to vice chief of staff of the Air Force before being appointed to his current commands.
Mandatory Gun Insurance??? A round about way to disarm Americans???
Machine guns were not made illegal,
but the National Firearms Act, enacted on June 26, 1934,
slapped a $200 tax on a machine gun that cost $10 to $50 at the time
and effectively made them unaffordable for for most people.
I suspect this so called "mandatory gun insurance" is designed to do the same thing.
Requiring people who own guns to purchase insurance which will be made unaffordable to prevent people from legally buying and owning guns by making the insurance too expensive.
And of course after the government passes a law requiring mandatory gun insurance, the next step would be to pass laws that make it impossible for insurance companies to sell the mandatory gun insurance, effectively making guns illegal.
This isn't a new trick by our government rulers. They did the same thing when they made drugs illegal.
The "1914 Harrison Narcotic Tax Act" and the "1937 Marihuana Tax Act" effectively made drugs illegal by slapping a tax on them, while at the same time the government stopped issuing the tax licenses.
Source
Latest Front in the Gun Debate Is Mandatory Insurance
By MICHAEL COOPER and MARY WILLIAMS WALSH
Published: February 21, 2013 609 Comments
In a nation sharply divided over efforts to curb violence and the right to bear arms, both sides of the gun debate seem to agree on at least one thing: a bigger role for the insurance industry in a heavily armed society.
David P. Linsky is a Democratic state representative in Massachusetts who wants to require gun owners to buy insurance.
But just what that role should be, and whether insurers will choose to accept it, are very much in dispute.
Lawmakers in at least half a dozen states, including California, Connecticut, Maryland, Massachusetts, New York and Pennsylvania, have proposed legislation this year that would require gun owners to buy liability insurance — much as car owners are required to buy auto insurance. Doing so would give a financial incentive for safe behavior, they hope, as people with less dangerous weapons or safety locks could qualify for lower rates.
“I believe that if we get the private sector and insurance companies involved in gun safety, we can help prevent a number of gun tragedies every year,” said David P. Linsky, a Democratic state representative in Massachusetts who wants to require gun owners to buy insurance. He believes it will encourage more responsible behavior and therefore reduce accidental shootings. “Insurance companies are very good at evaluating risk factors and setting their premiums appropriately,” he added.
Groups representing gun owners oppose efforts to make insurance mandatory, arguing that law-abiding people should not be forced to buy insurance to exercise their constitutional right to bear arms. But some groups, including the National Rifle Association, endorse voluntary liability policies for their members. And as several states pass laws making it easier for people to carry concealed weapons and use them for self-defense, some gun groups are now selling policies to cover some of the legal costs stemming from self-defense shootings.
The United States Concealed Carry Association recently began selling what it calls Self-Defense Shield. “If you’re forced to justifiably use your gun in self-defense,” its Web site says, “Self-Defense Shield will help pay for your expert pro-2nd Amendment lawyer by reimbursing your legal-defense expenses following your acquittal — an ingenious system critical to the arsenal of any responsibly armed citizen.”
Premiums for such insurance range from around $200 to $300 per year; in general, the coverage is narrowly written and excludes cases where a gun is used to commit a crime.
Some specialized underwriters are reviewing what their policies cover when it comes to shootings, and weighing whether they should offer new types of coverage for gun owners. And as more states pass laws allowing people to bring guns to public venues — including restaurants, bars, churches and the parking lots of their workplaces — some business groups have expressed concerns that they could be held liable for shootings on their properties, which could drive up their insurance costs.
On Thursday, when Gov. Dannel P. Malloy of Connecticut outlined his proposals to reduce gun violence — which included universal background checks, a ban on large-capacity ammunition magazines and a stronger assault weapons ban — he called for officials to study “whether owners of firearms should be required to carry additional insurance.”
The insurance industry is wary of some of the proposals to require gun owners to buy liability coverage — and particularly of bills, like one that was filed in New York that would require coverage for damages resulting not only from negligence but also from “willful acts.”
Robert P. Hartwig, the president of the Insurance Information Institute, said that insurance generally covered accidents and unintentional acts — not intentional or illegal ones. “Insurance will cover you if your home burns down in an electrical fire, but it will not cover you if you burn down your own house, and you cannot insure yourself for arson,” he said.
Some claims stemming from shootings have been covered by homeowners’ insurance — even by policies that said they did not cover illegal acts.
The families of the two students responsible for the 1999 killings at Columbine High School in Colorado were able to use money from their homeowners’ policies to settle a lawsuit brought by families of most of the victims. In 2001, a California court ordered an insurance company to defend a policyholder whose 16-year-old son shot and killed a friend with a Beretta handgun that he had found in his mother’s coat. But the year before, a North Carolina court ruled that an insurance company did not have to cover the expenses of a policyholder who had shot and wounded a prowler on his property.
Christopher J. Monge, an insurance agent and gun owner in Verona, Wis., recently wrote a book, “The Gun Owner’s Guide to Insurance for Concealed Carry and Self-Defense,” which he sells at gun shows. Mr. Monge said that the problem with most liability insurance is that it promises coverage only in cases of a gun owner’s negligence, or an accidental shooting — and not if the gun owner shoots someone intentionally in self-defense. “A negligent act is covered by your liability policy, but if you intentionally shoot somebody, it could be excluded,” he said.
So as more states pass self-defense laws, Mr. Monge said that he found several insurance companies that would specifically offer liability coverage in cases of self-defense, usually in the form of an “umbrella” policy that added a higher level of coverage than the routine coverage for negligence in a homeowners’ policy. An umbrella policy adds coverage for unusual, but potentially expensive, incidents.
But he opposes proposals to make liability insurance mandatory. “They’re barking up the wrong tree, if you ask me,” he said. “Ninety-nine percent of gun owners are going to be safe and not go crazy.”
States have been considering mandatory gun insurance bills for years, but no state has passed one yet, said Jon Griffin, a policy associate at the National Conference of State Legislatures. When Illinois considered a bill in 2009, the National Rifle Association wrote that it would “put firearms ownership out of reach for many law-abiding Illinoisans.” The N.R.A. endorses a policy that offers excess liability coverage — “because accidents do happen no matter how careful you are” — and another that offers “self-defense insurance.”
The recent trend of allowing guns in more public places has alarmed some business groups. When Ohio enacted a law allowing guns in bars in 2011, the Ohio Restaurant Association opposed it, writing officials that restaurant owners “expect that this law would be perceived by insurance companies as increasing the risk of injury in establishments that sell alcohol, which of course would result in increased liability insurance costs.” Owners have not reported higher premiums because of the new law, said a spokesman for the association, Jarrod A. Clabaugh, but some worry that a shooting could drive up their insurance costs.
The current debate over mandatory liability laws is being watched with interest by Nelson Lund, the Patrick Henry professor of Constitutional Law and the Second Amendment at George Mason University School of Law. Professor Lund proposed the idea of mandatory insurance in a 1987 article in the Alabama Law Review, seeing it as a form of gun control that could be consistent with the constitutional right to bear arms. But he said that he had not studied any of the current proposals, and noted that it made a great deal of difference how they are written.
“If this were done, the private insurance market would quickly and efficiently make it prohibitively expensive for people with a record of irresponsible ownership of guns to possess them legally,” he wrote in the 1987 article, “but would not impose unreasonable burdens on those who have the self-discipline to exercise their liberty in a responsible fashion.”
Military service chiefs warn budget cuts will undermine readiness
Military service chiefs warn budget cuts will undermine readiness
Translation - The American Empire will only be able to fight two major world wars at a time.
Of course in all probability even with the budget cuts the American military will receive more money then all the other worlds armies, air forces and navies combined.
It's not about readiness, it's a jobs program for generals and a government welfare program for the corporations in the military industrial complex.
Source
Military service chiefs warn budget cuts will undermine readiness
By Ernesto Londoño and Lisa Rein, Published: February 21
After staying largely on the sidelines of the debate over deficit reduction, the U.S. military’s service leaders have begun painting a stark picture of the toll a congressionally mandated budget cut could take on the readiness of the world’s largest armed forces.
The $46 billion dent to the Pentagon’s fiscal 2013 budget, long considered by the brass as nothing more than a political pawn, has taken on an air of inevitability, forcing commanders across the military to plan for painful reductions and argue that American lives and livelihoods are hanging in the balance.
Injecting ominous warnings about national security into policy debates has in the past snapped elected leaders into action, but there is no sign that Republicans and the White House are close to compromising on a more measured approach to reducing the deficit. Some lawmakers and analysts have dismissed the caution as posturing by a force reluctant to shrink too much in a postwar era.
In response, the military’s service chiefs are amplifying the months-long warnings of Defense Secretary Leon E. Panetta and others and providing what they have described as the specific and serious consequences of the across-the-board cuts.
Gen. Ray Odierno, the Army’s chief of staff, recently warned that the cuts may curtail training for 80 percent of ground forces, including some in the deployment pipeline, forcing him to extend the deployments of troops already in Afghanistan.
Facing a $8.6 billion shortfall, the Navy has delayed the deployment of the USS Harry Truman, leaving just one aircraft carrier instead of two in the Persian Gulf, where tensions continue with Iran. The budget crunch also will mean delays for repairs of a carrier and the construction of another.
The Air Force has warned that slashing $12.4 billion from its budget for the remainder of the fiscal year would require cutting 200,000 flying hours. That means that by May, two-thirds of the force’s pilots would “drop below acceptable level of readiness,” Air Force chief Mark Welsh told lawmakers recently.
After holding out hope for a compromise, Pentagon civilians were startled Wednesday when Panetta notified 800,000 employees that they might face a 20 percent pay cut if furloughs are implemented starting in April. Although the payroll for uniformed personnel is spared, the threat of extended deployments has confounded troops in Afghanistan.
“It’s like I’m just waiting for the other shoe to drop,” said one service member there, Maj. Dustin Navarro, 31. “I’d rather have higher taxes and fewer base resources at home than have this kind of uncertainty while deployed.”
With cuts set to begin March 1, Odierno said in a speech last Friday that the Army is scrambling to find up to $24 billion in reductions for the last seven months of the fiscal year. The shortfall will affect training, he said, presenting a thankless choice between sending untrained troops to Afghanistan and keeping certain units there months beyond their exit dates. American lives are at stake, he warned.
“It is our responsibility to ensure that we never send soldiers into harm’s way that are not trained, equipped, well-led and ready for any contingency, to include war,” Odierno told lawmakers last week. “If we have to reduce the amount of training we give our pilots, they will go in with a hell of a lot less capability. That means mistakes will be made. That means we’ll have accidents. That means we’ll be more likely to be shot down by enemy fire.”
Some lawmakers have reacted apologetically to the predictions of a dangerous drop in readiness. But other lawmakers and analysts say the Pentagon’s doomsday predictions have a measure of hyperbole and might be, at least in part, an attempt to protect budgets and programs as the war in Afghanistan draws to an end.
“Across-the-board cuts are bad policy,” said Rep. Keith Ellison (D-Minn.), one of 22 Congress members from both parties who wrote to President Obama and congressional leaders arguing that defense spending should be part of any debt-reduction deal. “At the end of the day, if cuts are going to be made, the military cannot be spared.”
Anthony Shaffer, a senior fellow at the Center for Advanced Defense Studies, said he was skeptical of the dire predictions about readiness.
“A lot of us who look at this hard say it’s disingenuous to say, ‘We can’t deploy the Truman because the money’s not there,’ ” said Shaffer, a former Defense Intelligence Agency official. “This is all political theater. It’s being prompted by those in the Pentagon who do not want to make hard choices and cut back.”
Among the most striking examples in a country where most people pledge steadfast support for the troops, Odierno warned that some might have to do without air conditioning later in the year at bases nationwide. But the cuts also probably would have consequences for U.S. forces overseas — Panetta planned to warn NATO defense chiefs during a two-day meeting that began Thursday in Brussels that the belt-tightening could impair the United States’ ability to pay its bills to the alliance and to participate in alliance programs.
Few members meet NATO’s defense spending target of 2 percent of gross domestic product. In recent weeks, the Obama administration has warned allies with their own economic problems, including NATO stalwarts such as Britain and France, that significant cuts would undermine its arguments to Congress on the need to support defense spending.
“What is particularly tragic to me is that sequestration is not the result of an economic recession or emergency,” Deputy Defense Secretary Ashton Carter told the House Armed Services Committee last week, using the term for the automatic cuts. “It’s not in reaction to a more peaceful world. All this is purely the collateral damage of political gridlock.”
Pentagon contractors are making preemptive moves that could affect thousands of employees. BAE Systems Ship Repair, a major defense contractor, issued layoff warnings this week to 3,500 shipyard workers — including 1,600 in Virginia’s Hampton Roads area — who could lose their jobs if the Navy puts ship maintenance on hold. The Navy told BAE that it plans to cancel or defer maintenance and upgrades on 13 destroyers and cruisers the company is contracted to work on.
“We regret the anxiety [this] causes our employees and their families,” BAE Systems President Bill Clifford said in the letter that warned of layoffs.
The potential cuts are creating anxiety in Hampton Roads, where 40,000 people work in shipbuilding and repair.
“Once these availabilities are missed, they can’t be made up,” said Tom Taylor, the owner of MF&B Marine in Chesapeake, a small ship-repair company in Hampton Roads, referring to contracts.
Taylor said he fears he might have to lay off some of his 46 employees as he waits to see whether the Navy will lock in plans to cancel or delay billions of dollars more in ship maintenance and repairs.
“There’s no HR department I can send them to,” he said. “I’ve got to look them in the face and tell them they’re out of a job. If we’re going to have a smaller defense, fine, but this is nothing but politics. How can a ship go to sea without its capability?”
Karen DeYoung contributed to this report.
U.S. drone strikes up sharply in Afghanistan
Sounds like the old Vietnam oxymoron which said "You have to destroy the village to save the village"
Let's face it, the wars in Afghanistan and Iraq are not about American security, but rather are jobs programs for Generals and a corporate welfare program for the corporations in the military industrial complex.
Source
U.S. drone strikes up sharply in Afghanistan
By Shashank Bengali and David S. Cloud, Los Angeles Times
February 21, 2013, 3:41 p.m.
KABUL, Afghanistan — One morning recently, a teenager named Bacha Zarina was collecting firewood on her family's small farm in eastern Afghanistan. About 30 yards away, as family members recall, two Taliban commanders stood outside a house.
A missile screamed down from the sky, killing the two men instantly. Two chunks of shrapnel flew at Bacha Zarina and lodged in her left side.
Her family raced her to the nearest hospital, a half-hour's drive away, but she died en route, an accidental victim of the rapidly escalating U.S.-led campaign of drone strikes in Afghanistan. She was 14 or 15 years old.
The U.S. military launched 506 strikes from unmanned aircraft in Afghanistan last year, according to Pentagon data, a 72% increase from 2011 and a sign that American commanders may begin to rely more heavily on remote-controlled air power to kill Taliban insurgents as they reduce the number of troops on the ground.
Though drone strikes represented a fraction of all U.S. air attacks in Afghanistan last year, their use is on the rise even as American troops have pulled back from ground and air operations and pushed Afghan soldiers and police into the lead. In 2011, drone strikes accounted for 5% of U.S. air attacks in Afghanistan; in 2012, the figure rose to 12%.
Military spokesmen in Kabul and at the Pentagon declined to explain the increase. But officers familiar with the operation said it was due in part to the growing number of armed Reaper and Predator drones in Afghanistan and better availability of live video feeds beamed directly to troops on the ground.
The increase has coincided with a shift by the Obama administration toward a new strategy in Afghanistan that relies on a smaller military footprint to go after the Taliban and remaining Al Qaeda fighters.
The use of armed drones is likely to accelerate as most of the 66,000 U.S. troops in the country are due to withdraw by the end of 2014. The remotely piloted long-range aircraft, which kill targets with virtually no risk to American lives, carry an unmistakable attraction for military commanders.
"With fewer troops, and even with fewer manned aircraft flying overhead, it's harder to get traditional support in combat missions," said Joshua Foust, a Washington-based analyst who has advised the U.S. military in Afghanistan. "Drones provide a good way to do that without importing a bunch of pilots and the support infrastructure they'd need to remain based there."
The strategy isn't without risk: Drone strikes can kill civilians, as underscored by the Sept. 23 incident that claimed Bacha Zarina's life.
After Marine Gen. John R. Allen, the former coalition commander, issued an order limiting airstrikes in populated areas last year, U.S. and NATO forces reduced civilian casualties in air attacks by 42% in 2012, according to United Nations figures.
But after an airstrike this month that reportedly killed 10 civilians in addition to four Taliban leaders, Afghan President Hamid Karzai banned his forces from requesting coalition airstrikes in residential areas, a decree that also would apply to drones.
Defenders of drones say they are more accurate and less prone to causing civilian casualties than manned aircraft, because they can watch a potential target longer and often use smaller munitions.
When civilians are inadvertently killed, it is sometimes because they are close to a location where an airstrike is carried out, one U.S. officer said. But there also are instances when troops on the ground mistakenly call for an airstrike against a target where only civilians are present.
The U.S. military has acknowledged multiple times that it has accidentally killed civilians in drone strikes, including in 2010 when 24 Afghans were killed in Oruzgan province after being mistaken for insurgents, based on drone camera images. They were later determined to be noncombatants.
Last year, five coalition drone strikes killed 16 civilians and injured three, according to the U.N. mission in Afghanistan, which documented just one such incident in 2011. It wasn't immediately clear whether those were strikes from U.S. drones; Britain's Royal Air Force also flies armed Reaper drones in Afghanistan, although the vast majority of the coalition's unmanned aircraft belong to the U.S.
Many of the recent strikes have hit eastern Afghanistan, where Taliban insurgents retain control of many villages. In Marawara district of Kunar province, where Bacha Zarina lived, the two Taliban commanders killed in the Sept. 23 strike led a group of hard-line fighters who had banned cigarettes and shaving for men, littered the area with roadside bombs, and threatened to kill Afghans who worked for the U.S. military at an outpost an hour's drive away, villagers said.
Bacha Zarina's older brother Saidaa, who, like many Afghans, has just one name, said in a telephone interview that the U.S. military at first denied that the airstrike had killed a civilian, citing the accuracy of drones. After Afghan officials vouched for the family's story, the Americans paid Bacha Zarina's father about $2,000 in compensation.
"Do mistakes happen? Yes," said the U.S. officer, who spoke on the condition of anonymity because he was not authorized to discuss drone operations. "But they also happen with an F-16, maybe more so."
Cmdr. Bill Speaks, a Pentagon spokesman, said, "We have always made safeguarding civilians a top priority in all operations. These strict guidelines apply to all of our weapons platforms."
The Obama administration has come under increasing pressure this month from Congress to disclose details and legal underpinnings for drone strikes, especially a 2011 attack that killed Anwar Awlaki, an American citizen and a leader of the group Al Qaeda in the Arabian Peninsula.
On Tuesday, Sen. Lindsey Graham (R-S.C.) said U.S. drone strikes worldwide had killed 4,700 people, the first public estimate of the death toll by a U.S. official since the attacks began early in the George W. Bush administration.
"Sometimes you hit innocent people, and I hate that, but we're at war, and we've taken out some very senior members of Al Qaeda," Graham told the Easley Rotary Club in South Carolina, according to news reports.
The increase in Afghan drone strikes also has coincided with a greater U.S. military focus in the region on deterring Iran, which has put more demands on the Navy fighters flying off two U.S. aircraft carriers in the Persian Gulf and Arabian Sea. In the past, one of the carriers had focused on air operations over Afghanistan.
The U.S. military drone strikes in Afghanistan are separate from the CIA drone campaigns against suspected Taliban and Al Qaeda targets in Pakistan and Yemen. In Afghanistan, analysts say, drones often are used to back up ground forces or for killing insurgents who are spotted trying to plant roadside bombs.
But another strike last year demonstrated that U.S. forces are also using drones for targeted killings, much as the CIA is in Pakistan and Yemen.
In late July, according to officials in the eastern province of Nuristan, a teacher and another Afghan civilian were traveling in a sport utility vehicle along a rocky road toward the Taliban-held village of Waygal. Three senior Taliban leaders and a junior operative stopped the car and demanded a ride, said Shamsuddin Aselzai, the head of the provincial council, who is from that village.
Minutes later, Aselzai said, a drone strike destroyed the SUV, killing the three Taliban leaders and the teacher, Abdul Qayum, a 48-year-old father of four. The other civilian and the junior Talib were injured but survived.
Since then, Taliban leaders in Waygal have gone almost into hiding, Aselzai said, fearful of the next drone attack.
"They are afraid, otherwise they wouldn't hide even for a second," Aselzai said by phone. He called Qayum's death a tragedy and a mistake, but said the drone strikes were "very useful."
"The Taliban are destroying our country," he said, "and we need to take some serious steps."
shashank.bengali@latimes.com
david.cloud@latimes.com
Bengali reported from Kabul and Cloud from Washington. Special correspondent Hashmat Baktash in Kabul contributed to this report.
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