Wednesday, October 01, 2008

Straight, But Not Narrow (Minded)

Senator McCain has become the first GOP nominee to be interviewed by a gay publication. As someone who is dismayed about the degree of influence the religious right has on the GOP and our politics as a whole, I find this development to be quite refreshing.

The Senator does try to walk a fine line and equivocates at times, but he also articulates some very clear principles, such as the Federalist principle that family law issues should be left to the states, that people should not be discriminated against because of their sexual orientation, that sex-ed should be based on scientific data of what works, that "criminal sentences for terrible crimes should [not] be longer because of the views of the perpetrator or the identity of the victim," and that courts should not legislate from the bench.

I think the most significant aspect of the interview is that it tries to build a bridge of inclusiveness between the straight majority GOP community and the LGBT community, by emphasizing common values. In particular, I think the best part of the interview would be better directed at the social conservatives who seem to believe that gay people are morally inferior to "good Christians":

I had the humbling experience of speaking at Mark Bingham’s funeral after the attacks on Sept. 11. Mark had supported me during the 2000 campaign. Unfortunately, I barely knew him, but our country learned about him after 9-11. He was one of the heroes on 9-11 who tried to retake control of United Flight 93. His efforts along with the other brave patriots could have saved hundreds of lives. I honor and respect Mark. Memories of his sacrifice and the other victims from 9-11 motivate me everyday to make sure we keep our nation safe from the terrorists who want to attack our way of life because freedom is a threat to their message of hate.

Here’s what I said during his eulogy:

I love my country, and I take pride in serving her. But I cannot say that I love her more or as well as Mark Bingham did, or the other heroes on United Flight 93 who gave their lives to prevent our enemies from inflicting an even greater injury on our country. It has been my fate to witness great courage and sacrifice for America's sake, but none greater than the selfless sacrifice of Mark Bingham and those good men who grasped the gravity of the moment, understood the threat, and decided to fight back at the cost of their lives. (The full eulogy is available at tampabaycoalition.com/files/0921McCainPR.htm)

This is the civil rights issue of our time, and the GOP needs to get on the right side of it.

Arming Yourself With Facts

The Mountain Sage has taken the time to link each and every article in Burning Down the House. Check it out. H/T: The Real Barack Obama.

UPDATE: Sage has also provided links to all the articles listed in another MouthPeace video.

As a bonus, here's a short history lesson from FNC, posted to the same site.



Tuesday, September 30, 2008

Friends of Freedom

OI will be monitoring which sites are taking down political videos like "Burning Down the House" to see where free speech is valued by the site owners and where it is not.

I want to be very clear on this point. This is in essence, not a free speech issue per se, but a property issue. Sites like YouTube are the property of their owners, who have the right to decide how their property is used.

But, the internet users of the world can and should exercise their "dollar votes"/"site-counter votes" on forums and sites where censorship is not tolerated. We just need to know where those sites are and choose to use them instead politically censored sites like YouTube.

As of the time of posting, I'm aware of two sites that have posted Burning Down the House that have not deleted it. They are LiveLeak and DailyMotion.
I'll be watching to see if that changes.

UPDATE: MetaCafe has a censored version of the MouthPeace video. They didn't approve of the language in "Money for Nothing." Well, neither to I, but I can't approve of this form of censorship either. They differ from YouTube in degree, but not in kind.

OUTRAGE: Political Blackout by YouTube (Financial Crisis Part V)

It was only a matter of time, I suppose.

For all the talk about how the internet was a bastion of free speech, the truth is that too few people own the primary public forums on the net. Which means those forums are their personal property and are good for free speech for only as long as the owners allow them to be.

The outstanding political infomercial, posted on this site and elsewhere around the internet, has been removed by YouTube. As of last night, only V1 was deleted; but V2 and V3 have since been removed as well. YouTube claims that these were deleted due to copyright claims over the soundtrack used.

Let's test that theory. Right now.

The soundtrack of the video is as follows:
Dire Straits--Money for Nothing
Tom Petty--Free Falling
Talking Heads-Burning Down the House
Bonnie Tyler--Holding Out for a Hero
AC/DC--Money Talks
Remy Zero-- Save Me
Survivor--Eye of the Tiger

The following videos, as of 1400hrs CDT 9/30/2008, were found on YouTube. All of the examples I'm posting are apparently unauthorized uses, such as DVP rips, Guitar Hero hacks, amatuer music videos, et. cetra.

Money for nothing:


Free Falling


Burning Down the House


Holding Out for a Hero


Money Talks


Save Me


Eye of the Tiger


YouTube is 0/7. Quite simply, YouTube's argument holds no water.

As for the legal side of this, this is called Fair Use.

§ 107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


The copyright argument is just a cover for censorship. There was a video spreading on the internet that presented facts that, if known by the average voter, could hurt Obama's chances of winning the election. So it was silenced. It's that simple.

Unless we do something very quickly about who controls the public fora in this country, our democracy will be a fig leaf as well.

PS: Here's the link to the video on another site: http://www.dailymotion.com/video/x6wxmr_burning-down-the-house-what-caused_news

Let Them Die? (Financial Crisis Part IV)

The news of the week is that the bailout failed. And interestingly enough, it seems that the reason the bailout failed was that millions of motivated voters jammed the phone and fax lines of their representatives, demanding that the bailout not be passed. That impresses the hell out of me--maybe the voters just saved us big time.

I'm not an economist, so I'm not entirely clear on what we can do to get out of this mess. To a large degree, I have to defer to the judgment of others. But, as Neptunus Lex so succinctly put it:

Does it occur to anyone else that the only people qualified to really explain to us the consequences of the “credit crisis” - not the politicians who dither, not the newscasters that blather - but the ones who really understand the consequences are 1) the ones who got us here in the first place, and 2) the ones who have the most to gain from our intervention saving their bacon.

Color me a Luddite, but if the same doctors that sent me into toxic shock assured me that only they could fix me, given another $700 billion, I’d be a little skeptical.

Nevertheless, I still can't write my own recovery plan. My instinct, though, is that a controlling principle of any whatever we do must be "the stupid will be punished." Any company that made or bought up these high-risk loans (other than, perhaps, the ones that only did so because of government-arm twisting) deserves everything bad that happens to them. They deserve to fail. Let them die. What I would want from a recovery package would be to protect the companies that are only in the situation they're in because they were forced to.

And at least one guy who knows a few things seems to agree:

The obvious alternative to a bailout is letting troubled financial institutions declare bankruptcy. Bankruptcy means that shareholders typically get wiped out and the creditors own the company.

Bankruptcy does not mean the company disappears; it is just owned by someone new (as has occurred with several airlines). Bankruptcy punishes those who took excessive risks while preserving those aspects of a businesses that remain profitable.

In contrast, a bailout transfers enormous wealth from taxpayers to those who knowingly engaged in risky subprime lending. Thus, the bailout encourages companies to take large, imprudent risks and count on getting bailed out by government. This "moral hazard" generates enormous distortions in an economy's allocation of its financial resources.

Thoughtful advocates of the bailout might concede this perspective, but they argue that a bailout is necessary to prevent economic collapse. According to this view, lenders are not making loans, even for worthy projects, because they cannot get capital. This view has a grain of truth; if the bailout does not occur, more bankruptcies are possible and credit conditions may worsen for a time.

Talk of Armageddon, however, is ridiculous scare-mongering. If financial institutions cannot make productive loans, a profit opportunity exists for someone else. This might not happen instantly, but it will happen.

H/T: Neptunus Lex

Monday, September 29, 2008

Buring Down the House (Responsibility for the Financial Crisis Part III)

I came across some amazing videos today.

This video walks you through the origins of the financial crisis, from its foundation to the explosion, complete with a clever soundtrack including Freefalling and Money Talks. It includes the efforts in 2003 and 2005 that I posted about earlier, but it puts all the pieces of the puzzle in place better than I ever could. This is a must see for any informed voter, and I highly encourage people watching it to pause it to read the posted articles, take notes for Google follow-ups, and to do everything in their power to see to it that others see this video as well.



This one is some old C-Span coverage getting people on the record--some sounding the alarm against Fannie and Freddie; others sticking their heads in the sand.



And finally, here's a link to McCain's Senate Testimony in support of the Federal Housing Enterprise Regulatory Reform Act of 2005.

For years I have been concerned about the regulatory structure that governs Fannie Mae and Freddie Mac--known as Government-sponsored entities or GSEs--and the sheer magnitude of these companies and the role they play in the housing market. OFHEO's report this week does nothing to ease these concerns. In fact, the report does quite the contrary. OFHEO's report solidifies my view that the GSEs need to be reformed without delay.

If Congress does not act, American taxpayers will continue to be exposed to the enormous risk that Fannie Mae and Freddie Mac pose to the housing market, the overall financial system, and the economy as a whole.


UPDATE: As of Tuesday 30 SEPT 2008, all three versions of the video infomercial above have been removed by YouTube. I found another copy here


Sunday, September 28, 2008

Newport News Flutag!

Instead of getting some shuteye, I opted to stay up late watching the Military Channel and caught a show on carrier construction. The best part: the catapult tests. They take these massive red sleds that weigh as much as combat-loaded aircraft and shoot them off the deck right into the water. It looks just like the Red Bull Flutag, except much faster. And surprisingly funny.

This is the shortest video I could find that features the test for CVN-77.

Friday, September 26, 2008

Killing Speedboats


The USS Boxer just got an upgrade for its old-school SeaSparrows, integrating an EO/IR camera into the fire-control system. The camera allows the crew to ID small craft out to 11nm, and the FCR was able to illuminate a 7-foot RRIB well enough to get 3/3 direct hits at 4nm. Essentially, this means we're using a SAM as an ATGM. That's not at all unreasonable, especially considering the apparent difficulty the Russians had dealing with a swarm of Georgian gunboats on the Black Sea. I would hope the EO/IR camera system would be equally capable of integration with VLS ESSMs as well.

It does bring up an interesting question though. We're loading up ships of all sizes now with .50cals, manually aimed 25mm chain guns, EO/IR directed remote gun mount chain guns, and we've even given the Phalanx an upgrade for use against small craft. It seems we've got those bases covered, especially now that we're using guided missiles at short ranges (which, after the Black Sea skirmish, I think is preferable to gun mounts).

Why then is the entire LCS ASUW module designed to blow up speedboats? We don't need a module specifically designed for this task; it's part of the expected capability of all our ships. In my mind, an ASUW package should give it the capabilty to take on other warships, something that, again, I think should be part of the expected capability of our ships, independent of any mission module. If we're going to have SeaSparrows (and maybe ESSMs) to blow up speedboats, then it seems even more senseless for the LCS's primary ASUW package to be the NLOS/Netfires missile system. The only added capabilty the NLOS/NetFires has over a speedboat-killing SeaSparrow is over-the-horizon capability. That isn't all that significant, because ROE is going to require a ship to fire warning shots, sound the horn, etc. to warn the craft off before they kill it. So the over-the-horizon engagements would only be against craft you can tell are hostile by looking at them from the UAV's IR camera. Things like gunboats, FACs, and corvettes. News flash: we already have an over-the-horizon weapon for these guys. It's called the Harpoon. It's already receiving an upgrade to enhance its littoral targeting capability--include with that an IR capability (like it's cousin, the SLAMM-ER) to keep it ahead of the stealth-ship game and you're golden.

I just don't get it. With ESSM and Harpoon, you can protect yourself from the littoral ASCM threat, deal with FACs and warships OTH, and still deal with the small craft swarming threat. What sense does it make to sacrifice meaningful AAW and ASUW capability just so you can blow up a speedboat a bit futher out than you otherwise could--a capability unlikely to ever be utilized?

It seems to be the NLOS/NetFires system would be better utilized in a Strike mission module, to attack small targets ashore. (You know, like counterfire on the C-802 battery that just fired a salvo at you. Assuming, of course, you have the air defense capabilty to survive that salvo.)

Thursday, September 25, 2008

Real Pirates Steal Tanks? YGTBFKM!?!

Via CNN:

KIEV, Ukraine (AP) -- The Foreign Ministry says pirates have seized a Ukrainian-operated ship off Somalia.

The ministry says the Faina was sailing with 21 people on board under the Belize flag, though it is operated by Ukrainian managing company Tomax Team Inc.

The ministry says in a statement that the ship's captain reported being surrounded by three boats of armed men Thursday afternoon.

The ship's passengers include 17 Ukrainian citizens including the captain, as well as three Russians and one Latvian citizen.

The ministry had no information on the ship's cargo. But the Interfax news agency cited an unnamed source as saying the ship was loaded with about 30 T-72 tanks and spare parts for them.
How long until someone takes Eyl down?

Wednesday, September 24, 2008

Wars and Rumors of Wars

There are two emerging sensitive situations worth following in the days or weeks to come.

First, the Gulf of Aden piracy situation is has taken a disturbing twist. Apparently, an Iranian freighter sailing from China to the Netherlands arrived around Aden a few days early and was scheduled to transit the Suez a few days later than it should have needed. In addition to whatever planned detour it was taking, it was captured by Somali pirates and taken to Eyl.

Within days, pirates who had boarded the ship developed strange health complications, skin burns and loss of hair. Independent sources tell The Long War Journal that a number of pirates have also died. "Yes, some of them have died. I do not know exactly how many but the information that I am getting is that some of them have died," Andrew Mwangura, Director of the East African Seafarers' Assistance Program, said Friday when reached by phone in Mombasa.
The syndicate set the ship's ransom at $2 million and the Iranian government provided $200,000 to a local broker "to facilitate the exchange." Iran refutes that it agreed to the price and has paid any money to the pirates. Nevertheless, after sanctions were applied to IRISL on September 10, Osman says, the Iranians told the pirates that the deal was off. "They told the pirates that they could not come because of the presence of the U.S. Navy." The region is patrolled by the multinational Combined Taskforce 150, which includes ships from the U.S. Navy's Fifth Fleet.

In a strange twist, the Iranian press claims that the U.S. has offered to pay a $7 million bribe to the pirates to "receive entry permission and search the vessel." Officials in the Pentagon and the Department of State approached for this story refused to comment on the situation. Somali officials would also not comment on any direct U.S. involvement but one high-level official in the Puntland government told The Long War Journal "I can say the ship is of interest to a lot of people, including Puntland."

Thin. But worth watching. H/T: Galrahn.

The other development is at the Lebanon-Syrian border.

Syria has massed thousands of troops along its border with northern Lebanon in what officials in Beirut fear is a prelude to the first incursion since Syrian forces pulled out three years ago.

Although Damascus insists that its forces are conducting an antismuggling operation, the Lebanese Government is eyeing the moves with unease, believing that the unusual scale of the deployment has more to do with tensions between the two countries over recent sectarian clashes in northern Lebanon.

H/T: Small Wars Journal

Monday, September 22, 2008

Linked: Palin's UN Speech...

...from the event she was un-invited from because Clinton had a hissy-fit.

Link.

The Bill that Would Have Averted Financial Disaster

Last week, I mentioned a Bush administration proposal in 2003 to clamp down on Fannie and Freddy. This week, Bloomberg reports on a 2005 Fannie/Freddie reform bill that was shot down was supported by Republicans in committee but kept from a full vote in the Senate by Democrats.

Some might say the current mess couldn't be foreseen, yet in 2005 Alan Greenspan told Congress how urgent it was for it to act in the clearest possible terms: If Fannie and Freddie ``continue to grow, continue to have the low capital that they have, continue to engage in the dynamic hedging of their portfolios, which they need to do for interest rate risk aversion, they potentially create ever-growing potential systemic risk down the road,'' he said. ``We are placing the total financial system of the future at a substantial risk.''

What happened next was extraordinary. For the first time in history, a serious Fannie and Freddie reform bill was passed by the Senate Banking Committee. The bill gave a regulator power to crack down, and would have required the companies to eliminate their investments in risky assets.

But the bill didn't become law, for a simple reason: Democrats opposed it on a party-line vote in the committee, signaling that this would be a partisan issue. Republicans, tied in knots by the tight Democratic opposition, couldn't even get the Senate to vote on the matter.

And the icing on the cake:

But we now know that many of the senators who protected Fannie and Freddie, including Barack Obama, Hillary Clinton and Christopher Dodd, have received mind-boggling levels of financial support from them over the years.

Throughout his political career, Obama has gotten more than $125,000 in campaign contributions from employees and political action committees of Fannie Mae and Freddie Mac, second only to Dodd, the Senate Banking Committee chairman, who received more than $165,000.

Oh, and there is one little footnote to the story that's worth keeping in mind while Democrats point fingers between now and Nov. 4: Senator John McCain was one of the three cosponsors of S.190, the bill that would have averted this mess.

Well, folks, the facts are in. We know how we got here. We know who tried to fix it, and who tried to keep it broken (and we know he was paid off to do so). So the only question now is, why the fuck are Obama's numbers climbing from the Wall Street news? Why is the "failed Bush policies"/"failed economic philosophy" argument winning with the public when the facts say exactly the opposite?

Friday, September 19, 2008

2 out of 3 ain't bad (I hope)


The Navy unveiled the 3rd and final mission module for the LCS yesterday--the ASW module. While many details still need to be filled in (or perhaps won't be, because this kind of stuff tends to be more classified than others), my first impression is very positive.

Although the package accepted yesterday probably does not have everything to be included in the final module, here's what should be there when it's done:
1 MH-60R
1 Fire Scout Unmanned Aerial Vehicle
2 USV's
2 Remote Multimission Vehicles (semi-submersible)

The USVs will either have a sonar similar to a dipping sonar or a towed array. The RMMVs are meant to work in tandem with one using active sonar and the other listening for returns (bi-static). The UAV is a data relay that allows the USVs and RMMVs to operate beyond the horizon from the LCS mothership.

All in all, quite brilliant. It creates a web extending outward from the ship, without using expendible sonobouys (which can get expensive if you use a lot of them); and, it allows the use of active transmissions without giving away the location of the mothership. It's a quantum leap forward in ASW capability, both in terms of effectiveness and survivability.

Well, survivability against torpedoes anyways. I'd feel better about this thing if it had the ESSM and a few Harpoons, but apparently being able to blow up a speedboat is good enough these days.

The Russian Crossroads

For those of us that missed it (and yes, that included me; I had to watch it a day late on grainy State Dept. video), Secretary Rice gave a major speech on Russia yesterday, which might be considered something of an epilogue on the war in Georgia. It's worth reading/watching in its entirety, but here is a summary and some highlights:


Rice lamented an emerging pattern of behavior by the Russians:
I’m referring, among other things, to Russia’s intimidation of its sovereign neighbors, its use of oil and gas as a political weapon, its unilateral suspension of the CFE Treaty, its threat to target peaceful nations with nuclear weapons, its arms sales to states and groups that threaten international security, and its persecution – and worse – of Russian journalists, and dissidents, and others.

The picture emerging from this pattern of behavior is that of a Russia increasingly authoritarian at home and aggressive abroad.
Rice admitted that Georgia had been foolish in responding to S. Ossetian shelling with an offensive operation; however, this did not amount to fault:
But Russia’s leaders used this as a pretext to launch what, by all appearances, was a premeditated invasion of its independent neighbor. Indeed, Russia’s leaders had laid the groundwork for this scenario months ago – distributing Russian passports to Georgian separatists, training and arming their militias, and then justifying the campaign across Georgia’s border as an act of self-defense.

Regarding the aftermath of the war, Rice said an EU force of peacekeepers was ready to deploy to the separatist regions, but Russia has refused to allow international monitors and NGO's into the regions, "despite ongoing militia violence and retribution against innocent Georgians." (Do recall that a lack of a neutral peacekeeping force in the regions was one of the principal causes of the war.) Predictably, there was no tough talk about restoring Georgia's borders; only a softly-spoken line about hoping that the provinces will be turned back peacefully at some point in the future.

Rice also commented about Russia's lame "how would you like it if our military assets were in the Carri bean" attempt to punish us for having warships (well, really, just one "warship"--a DDG--and a command ship and a coast guard cutter) in the Black Sea. She said Russia was free to associate with countries in the Western hemisphere...
But we are confident that our ties with our neighbors – who long for better education and better health care and better jobs, and better housing – will in no way be diminished by a few, aging Blackjack bombers, visiting one of Latin America’s few autocracies, which is itself being left behind by an increasingly peaceful and prosperous and democratic hemisphere.

Rice also hit the familiar points about Russia isolating itself from world economic institutions, and how this war only hurt them without accomplishing any "enduring strategic objective." The language of liberalism appeared frequently, especially with regard to globalisation and democracy.

Moving onto the more strategically consequential parts, Rice noted an apparent shift in the world-view of the Russians from the liberal, globalised outlook to a rather backward looking view; which she impliedly attributed to Putin.
But perhaps the worst fallout for Moscow is that its behavior has fundamentally called into question whose vision of Russia is really guiding that country. There was a time recently when the new president of Russia laid out a positive and forward-looking vision of his nation’s future.

This was a vision that took into account Russia’s vulnerabilities: its declining population and heartbreaking health problems; its failure thus far to achieve a high-tech, diversified economy like those to Russia’s west and increasingly to Russia’s east; and the disparity between people’s quality of life in Moscow, and St. Petersburg, and in a few other cities – and those in Russia’s countryside.
This was a vision that called for strengthening the rule of law, and rooting out corruption, and investing in Russia’s people, and creating opportunities not just for an elite few, but for all Russian citizens to share in prosperity.

This was a vision that rested on what President Medvedev referred to as the “Four I’s”: investment, innovation, institutional reform, and infrastructure improvements to expand Russia’s economy. And this was a vision that recognized that Russia cannot afford a relationship with the world that is based on antagonism and alienation.

This is especially true in today’s world, which increasingly is not organized around polarity – multi-, uni-, and certainly not bi-. In this world, there is an imperative for nations to build a network of strong and unique ties to many influential states.

And that is a far different context than much of the last century, when U.S. foreign policy was, frankly, hostage to our relationship with the Soviet Union. We viewed everything through that lens, including our relations with other countries. We were locked in a zero-sum, ideological conflict. Every state was to choose sides, and that reduced our options.

Well, thankfully, that world is also gone forever, and it’s not coming back. As a result, the United States is liberated to pursue a multidimensional foreign policy. And that is what we are doing.
This view, one might assume, is what leads to the differences in how Russia and the West view the role of the NATO alliance. Rice described our view of NATO as:
With the end of the Cold War, we and our allies have worked to transform NATO – form – to bring it from an alliance that manned the ramparts of a divided Europe, to a means for nurturing the growth of a Europe whole, free, and at peace – and an alliance that confronts the dangers, like terrorism, that also threaten Russia.

We have opened NATO to any sovereign, democratic state in Europe that can meet its standards of membership. We’ve supported the right of countries emerging from communism to choose what path of development they pursue and what institutions they wish to join.
But, the Russians:
[V]ew the emergence of free and independent democratic neighbors – most recently, during the so-called “color revolutions” in Georgia, and Ukraine, and Kyrgyzstan – not as a source of security, but as a source of threat to Russia’s interests.
Where do we go from here?
[O]ur strategic goal now is to make clear to Russia’s leaders that their choices could put Russia on a one-way path to self-imposed isolation and international irrelevance....We cannot afford to validate the prejudices that some Russian leaders seem to have: that if you press free nations hard enough – if you bully them, and you threaten them, and you lash out – they will cave in, and they’ll forget, and eventually they will concede.

The United States and Europe must stand up to this kind of behavior, and to all who champion it. For our sake – and for the sake of Russia’s people, who deserve a better relationship with the rest of the world – the United States and Europe must not allow Russia’s aggression to achieve any benefit. Not in Georgia – not anywhere.
***
We will resist any Russian attempt to consign sovereign nations and free peoples to some archaic “sphere of influence.”
***
And we will not allow Russia to wield a veto over the future of the Euro-Atlantic community – neither what states are offered membership, nor the choice of states that accept it. We have made this particularly clear to our friends in Ukraine.
Analysis

Overall, I think this is very consistent with our strategic thinking. We are trying to pressure Russia to deepen its ties to the world economic market, become more democratic, thus attempting to capitalize of the peace dividends from economic interdependence and the "democratic peace." Russia's partial integration, as they are now, threatens this system and creates the potential for conflict.

Moving onto the details, I find encouragement in that she showed some empathy for the Russians, both in terms of their paranoia (quoted) and their desire to regain their previous strength (not quoted). It's also encouraging that this empathy is not simply words; Rice has highlighted our invitations to offer the Russians transparency on our ABM systems and the seat Russia has at every NATO summit. There is no doubt we are trying to assuage their fears--the problem is that they still don't believe us.

And therein lies the problem. We don't want NATO to be about opposing Russia anymore. That world, to us, is over. But clearly, it's not to the Russians. They see NATO as the same enemy they did during the Cold War; and when NATO expands to their border they lose their post-WWII "buffer." When they attack Georgia, threaten Poland, foment riots in and cyber-attack Estonia, and speculate about an invasion of Crimea, they are forcing NATO to live in their world. The prophecy becomes self-fulfilling. So, while we insist NATO is about terrorism and more generalized collective security (which is true as an ideal), the reality is that NATO is very much concerned about preventing another Georgia. Which in turn confirms Russia's (Putin's) worldview and puts the (Medvedev's) integration/reform agenda on hold.

...and that puts us on a track to a new cold war. I don't see anything here that gets us off that track. Sure, there is clearly a lot of economic pressure on Russia, but can we expect them to place their comfort over (what they believe is) their security?

Thursday, September 18, 2008

Peril On the Sea


Yet another tragic accident for the Russians. This time, it was a fire on the Udaloy-class Marshal Shaposhnikov. Two dead. The Udaloys seem to be just about the only Russian escort ships at sea these days, too. Well, those and the ocean-going tugs that always head out with the fleet.

Wednesday, September 17, 2008

Which Party Is Responsible for the Financial Crisis?

it's Bush's fault, of course! Bush's failed economic policies! The White House is the Government! Never mind that the Dem's controlled congress... and never mind this Bush proposal that Dem's in Congress opposed! We have an image to sell, don't let the facts get in the way...

From 2003's NYT:

The Bush administration today recommended the most significant regulatory overhaul in the housing finance industry since the savings and loan crisis a decade ago.

Under the plan, disclosed at a Congressional hearing today, a new agency would be created within the Treasury Department to assume supervision of Fannie Mae and Freddie Mac, the government-sponsored companies that are the two largest players in the mortgage lending industry.

The new agency would have the authority, which now rests with Congress, to set one of the two capital-reserve requirements for the companies. It would exercise authority over any new lines of business. And it would determine whether the two are adequately managing the risks of their ballooning portfolios.

The plan is an acknowledgment by the administration that oversight of Fannie Mae and Freddie Mac -- which together have issued more than $1.5 trillion in outstanding debt -- is broken. A report by outside investigators in July concluded that Freddie Mac manipulated its accounting to mislead investors, and critics have said Fannie Mae does not adequately hedge against rising interest rates.

***

The proposal is the opening act in one of the biggest and most significant lobbying battles of the Congressional session.

***

Significant details must still be worked out before Congress can approve a bill. Among the groups denouncing the proposal today were the National Association of Home Builders and Congressional Democrats who fear that tighter regulation of the companies could sharply reduce their commitment to financing low-income and affordable housing.

''These two entities -- Fannie Mae and Freddie Mac -- are not facing any kind of financial crisis,'' said Representative Barney Frank of Massachusetts, the ranking Democrat on the Financial Services Committee. ''The more people exaggerate these problems, the more pressure there is on these companies, the less we will see in terms of affordable housing.''

Representative Melvin L. Watt, Democrat of North Carolina, agreed.

''I don't see much other than a shell game going on here, moving something from one agency to another and in the process weakening the bargaining power of poorer families and their ability to get affordable housing,'' Mr. Watt said.
H/T: Neptunus Lex (yet again!)

Update: Follow-up posts here and here.

Tuesday, September 16, 2008

Linked: The Mistress of Disaster

Meet the person behind the law enforcement/intelligence wall that impeded the 20th hijacker investigation, as well as Fannie Mae; and who will now be defending Duke U.

Hat tip: Neptunus Lex

Monday, September 15, 2008

More Media Lies



The US is arming Israel to strike Iran's nuclear facilities, if you believe the AP headlines.

Fact check: The 250 lb Small-Diameter Bomb (GBU-39) is not a bunker buster. It's a little shit bomb designed to be used in areas where the larger bombs we currently carry cause too much collateral damage. Its penetration ability is the same as other conventional bombs.

The truth is, Isreal asked for bunker-busters a few days earlier and was turned down. So the US sold Israel a weapon they can use to reduce civilian casualties in airstrikes in Lebanon, but refused to sell them weapons that they could use to start a war with Iran. But apparently that's not the reality that the MSM wants the people to know, so they're spinning the sale of the GBU-39 as something it's not.

I said it before, I'll say it again. Journalism is dead.

See also: Sexing up the headlines

Images: The SDB "bunker buster" vs. the GBU-28 bunker buster on F-15E Strike Eagles. Which do you think can take out a reactor in an underground bunker?

Saturday, September 13, 2008

Linked: ABC edited out key parts of Palin interview

Link

This needs to be disseminated far and wide.

Hat tip: Neptunus Lex

Friday, September 12, 2008

Krauthammer Unwittingly Hands My Ass to Me

In yesterday's post, I invoked the "Bush Doctrine." Interestingly enough, about the same time, ABC's Palin interview also invoked a "Bush Doctrine," but it was a very different thing he was talking about.

To me, the Doctrine was our policy of treating regimes that harbor terrorists as hostile--the justification for the war in Afghanistan. To ABC's Gibson, the Doctrine was preemptive war--which he incorrectly attributes to being the justification for the war in Iraq and perhaps other future wars as well. (I say incorrectly because Iraq was sold as a preventative war, not a preemptive war. This "Bush Doctrine" was a new and controversial concept borne out of the risks of rogue states or terrorists acquiring WMD. Anticipatory self-defense/preemption applies to strikes against military forces which are poised to or are mobilizing to strike. It is not new and is widely accepted.)

But as Krauthammer points out, we're both wrong:

There is no single meaning of the Bush Doctrine. In fact, there have been four distinct meanings, each one succeeding another over the eight years of this administration -- and the one Charlie Gibson cited is not the one in common usage today. It is utterly different.


The first was American unilateralism with respect to the ABM treaty and Kyoto; Krauthammer himself coined the term "Bush Doctrine" to refer to the administration's unilateral approach.

The second was the one I used.

The third was the one Gibson used.

And the fourth--and current--use of the Bush Doctrine is nothing other than conventional tried-and-true liberalism:

...the fourth and current definition of the Bush doctrine, the most sweeping formulation of the Bush approach to foreign policy and the one that most clearly and distinctively defines the Bush years: the idea that the fundamental mission of American foreign policy is to spread democracy throughout the world. It was most dramatically enunciated in Bush's second inaugural address: "The survival of liberty in our land increasingly depends on the success of liberty in other lands. The best hope for peace in our world is the expansion of freedom in all the world."


Applying that doctrine to the Pakistan issue, it would seem that the moral imperative of going after AQ/the Taliban wherever they are is much diminished in the face of the overriding priority of spreading freedom into "the Gap."

So, I was wrong. You don't suppose Gibson will admit that he was wrong too, do you?

Thursday, September 11, 2008

Pakistan and the Bush Doctrine

"The search is underway for those who are behind these evil acts. I've directed the full resources of our intelligence and law enforcement communities to find those responsible and to bring them to justice.

We will make no distinction between the terrorists who committed these acts and those who harbor them."

President George W. Bush, 9/11/01

This morning, NYT reportedthat although we will notify Pakistan about any future border crossing by our troops, we will not ask for permission. Pakistan is, quite predictably, pissed off about that. I don't think they have much room to talk though. It's not exactly a secret that the Taliban is running a government in exile from the border regions. And Pakistan isn't exerting much control in those areas, leaving them semi autonomous. If they want to claim sovereignty, shouldn't they be exercising it? If all they are going to do is refuse us access, what's the difference between what they are doing now and that the Taliban/Afghanistan did with respect to Al Queda in 2001?

Unfortunately, I don't think the question is this simple, because there is more going on here than the routing of the Taliban insurgency. Pakistan itself is on a major precipice right now. And in transitioning from being run by a dictator to a true democracy, they have an opportunity to do for themselves through the political process what we did for Iraq with our military. The next year could decide whether Pakistan becomes a modern, moderate Muslim democracy, or goes the way of Iran--except that they already have nuclear weapons. The future of Pakistan is far more important than capturing Bin Laden or finishing off the Taliban. For this reason, I don't think incensing the Pakistani populace against us is a good move right now.

It's lose-lose either way. If we sit back and rely on negotiations--which we have been doing--not much is going to change. The Taliban insurgency will continue, and it isn't at all clear that an Afghan "surge" would be successful, because "The Surge" was simply providing Iraq with the troops necessary to carry out the Petraeus strategy. I doubt that this strategy--including such operations as clearing and holding insurgent safe havens--can be successful in an battlefield where the biggest safe haven of all is politically off-limits. So, maintaining cooperation with Pakistan, short of a diplomatic miracle, means a longer war in Afghanistan, complete with the military and civilian casualties, expenditures, and wear-and-tear on our equipment that comes with that.

But for the time being, I think a longer war in Afghanistan is worth a good chance at a bloodless "victory" in Pakistan, and is favorable to dealing with than two Iran's.

Wednesday, September 10, 2008

As the Dust Begins to Settle

The Palin media frenzy has probably run 80% of its course, with the vicious attacks only garnering the interest of political junkies like myself. The rest of the country is probably ready to move on, is waiting for real facts, or just doesn't care. So much the better. That, of course, isn't stopping Salon and CBC, just to name a few outlets, that continue with attacks leveled at her and her family.

But, as cooler heads are slowly beginning to prevail, at least one person is actually out there with some thought-provoking analysis, and is doing so while speaking to a left-leaning audience. It's a bit lengthy, but worth reading every page. Here's a few snippets:

Conservative though she may be, I felt that Palin represented an explosion of a brand new style of muscular American feminism. At her startling debut on that day, she was combining male and female qualities in ways that I have never seen before. And she was somehow able to seem simultaneously reassuringly traditional and gung-ho futurist. In terms of redefining the persona for female authority and leadership, Palin has made the biggest step forward in feminism since Madonna channeled the dominatrix persona of high-glam Marlene Dietrich and rammed pro-sex, pro-beauty feminism down the throats of the prissy, victim-mongering, philistine feminist establishment.


As a dissident feminist, I have been arguing since my arrival on the scene nearly 20 years ago that young American women aspiring to political power should be studying military history rather than taking women's studies courses, with their rote agenda of never-ending grievances.


The gun-toting Sarah Palin is like Annie Oakley, a brash ambassador from America's pioneer past. She immediately reminded me of the frontier women of the Western states, which first granted women the right to vote after the Civil War -- long before the federal amendment guaranteeing universal woman suffrage was passed in 1919. Frontier women faced the same harsh challenges and had to tackle the same chores as men did -- which is why men could regard them as equals, unlike the genteel, corseted ladies of the Eastern seaboard, which fought granting women the vote right to the bitter end.


Let's take the issue of abortion rights, of which I am a firm supporter. As an atheist and libertarian, I believe that government must stay completely out of the sphere of personal choice. Every individual has an absolute right to control his or her body. (Hence I favor the legalization of drugs, though I do not take them.) Nevertheless, I have criticized the way that abortion became the obsessive idée fixe of the post-1960s women's movement -- leading to feminists' McCarthyite tactics in pitting Anita Hill with her flimsy charges against conservative Clarence Thomas (admittedly not the most qualified candidate possible) during his nomination hearings for the Supreme Court. Similarly, Bill Clinton's support for abortion rights gave him a free pass among leading feminists for his serial exploitation of women -- an abusive pattern that would scream misogyny to any neutral observer.
But the pro-life position, whether or not it is based on religious orthodoxy, is more ethically highly evolved than my own tenet of unconstrained access to abortion on demand.

Sunday, September 07, 2008

Linked: Nobody is saying they're unpatriotic...


...Oh wait. I am.

Link
Thomas Lifson
Actions do speak louder than words. Democrats tossed 12,000 American flags in the garbage following their convention. This sort of thing takes the breath away. How much do you have to hate America to do such a thing? Have they never heard of the fine people of the VFW and American Legion who proudly help dispose of worn and otherwise useless flags with dignity?

Thursday, September 04, 2008

Hat Tips from the Political Blogosphere

Galrahn and Neptunus Lex chime in on the Palin-family issue with their own personal stories. I'm new to both sites, but Gal doesn't usually do politics and it's probably not Lex's meat and potatoes either... but still, very touching reads.

Also: Look out Chuck Norris, you have incoming!
Russian ultranationalist Vladimir Zhirinovsky once threatened to reannex Alaska. Now, however, Dimitry Medvedev stays up nights worried that Sarah Palin will annex Russia.

Wednesday, September 03, 2008

Failure of the Press

Before getting to the meat of this post, I want to follow up briefly on the previous post. As I indicated there, I was leaning McCain but still undecided. That ended with Obama's acceptance speech. For all his talk about being new and being about change, when the time came to put some substance into his message it was nothing more than the same tired socialist agenda I've been hearing from the Dem's since I started paying attention. No thank you.

Now, onto the subject that has everyone buzzing: Palin.

I'm just shocked and appalled at the new low the left has gone to in attacking Governor Palin, and I'm equally appalled that several mainstream media outlets have dropped any vestige of journalistic ethics and become de facto advocates for the Obama campaign.

The Daily Kos "scoop" was libelous, pure and simple. But it wasn't surprising for them, which is a sad commentary on the standing of politics in this country. What is surprising is how far others have gone, including organizations like CNN and the New York Times. There's so much that's out of bounds it's ridiculous. For starters, you have an apparently hard-news reporter on CNN using the revelation of Bristol's pregnancy to advance the Democratic talking point about sex-ed needing to include instruction on contraception instead of just abstinence (I point that I happen to agree with), saying that the Governor can't raise her own daughter according to her values. A reporter shouldn't be doing that at all for any issue. Adding insult to injury, it isn't even a legitimate point. None of these commenters (or reporters) know whether the Palin's taught their daughter about contraception or whether such parental advice--or different public education--would have made a difference. They're using a personal, private family situation to make a cheap political point. We do expect politicians to make cheap political points (e.g. capitalizing on the "7 homes" gaffe), but as Obama has correctly noted, family members, especially children, are off limits. Well, not for CNN, and others apparently.

But it gets worse. The NYT had to put 3 front-page stories up about Palin's family. One of them was particularly atrocious. With the thinnest of veils ("Ms. Palin has set off a fierce argument among women"), the NYT proceeds to pose questions about "whether there are enough hours in the day for her to take on the vice presidency, and whether she is right to try" because apparently women can't be mothers and seek office too. How far we've come. The entire article mentions her husband once: "Ms. Palin’s husband, Todd, seems like a supportive spouse." No mention of what his share of the domestic duties are. Or how about this gem they plucked from an Obama supporter: "You can juggle a BlackBerry and a breast pump in a lot of jobs, but not in the vice presidency."" Or the invocation of Jane Swift, a failed Republican acting governor who wasn't up to the task: "Ms. Leive cited the cautionary tale of Jane Swift, a Republican who gave birth to twin girls in 2001 while acting governor of Massachusetts and then, her popularity ratings low in part because of her prior use of aides as baby sitters, dropped out of the 2002 primary race for election in her own right. Later she attributed her struggles to the difficulties of balancing work and family.
“I know now that it was virtually impossible for me to take advice and make decisions when I was responding emotionally as a mother, not thinking rationally as a public official,” she wrote in an essay in Boston magazine."

Oh, so because Palin is also a woman, of course she's going to be incompetent, just like Swift! Women, or at least mothers, are apparently incapable of rational thinking in the NYT's view.

I think Senator Thompson was right yesterday, about the left and the media being in a panic. They can't stomach the thought of a conservative woman having a career and a family, and they're going to do whatever they can to bring her down before she has a chance to get her message across. Hopefully, she (and both campaigns, for that matter) will be able to steer the discussion back to the issues ASAP.

At least Peggy Noonan at the Wall Street Journal got the press's role in this right:
This is true: fact is king. Information is king. Great reporting is what every honest person wants now, it's the one ironic thing we have less of in journalism than we need. But reporting that carries an agenda, that carries Bubblehead assumptions and puts them forth as obvious truths? Well, some people want that. But if I were doing a business model for broadsheets and broadcast networks I'd say: Fact and data are our product, we're putting everything into reporting, that's what we're selling, interpretation is the reader's job, and think pieces are for the edit page where we put the hardy, blabby hacks.

That was a long way of saying: Dig deep into Sarah Palin, get all you can, talk to everybody, get every vote, every quote, tell us of her career and life, she may be the next vice president. But don't play games. And leave her kid alone, bitch.

Thursday, August 21, 2008

Better Kind of Politics My Ass

I really enjoyed the Saddleback discussions, and I thought Obama came ahead big time. McCain was the commensurate politician, he had a answer for everything, made his talking points, told anecdotes in typical cookie cutter politico fashion... The pundits loved him for it...why not, he did exactly as the conventional wisdom said he should, but it left me unimpressed. Obama on the other hand was thoughtful, honest, and in particular on the when does life begin question, appropriately humble. He really did look like a different kind of leader... one who would base polices on what makes sense, that he'd actually think about these issues.... while McCain would be the typical pandering-to-wherever-the-votes-are politician.

It actually put me in a dilemma where I'd have to choose between voting for my issues (McCain) and voting for a better way to run government (Obama).


But now today, in spite of Obama's repeated statements about not taking political cheap shots, he's latching on to this thing about McCain not knowing how many condos he has in his investment portfolio to score cheap political points by painting McCain as out of touch with the common voter.

Hypocrisy. Gotta love it.

Sunday, August 17, 2008

Deciphering the Russian Strategy

I think the strategic goal of the Russian invasion of Georgia is to undermine the effectiveness of the NATO alliance. I'll admit this is very thin at this opening juncture, but, the theory fits the facts on the ground and seems to make sense.

Let's start with the Russian's operational goals in Georgia. We know that despite two ceasefire agreements, the Russians continue to destroy military facilities and civilian infrastructure, and they have declared their intention to continue these "security operations" until Monday. The scope of these operations is clearly much, much greater than is necessary for the security of the people of S. Ossetia, in whose name the invasion was purportedly launched. They are trying to destroy as much of Georgia's military capability as they can, cripple their economy, and generally destroy as much as possible.

We also know that the Russians have moved irregular "volunteer" forces into Georgia, and that rebel militias in Abkhazia and S. Ossetia have been causing trouble both inside and outside of their respective provinces. This suggests that there will continue to be violence in Georgia long after the Russian army has left. The destruction of Georgia's military will give these irregulars a wide berth to cause trouble. Georgia is about to become another Iraq--a weak, discredited government will be fighting an insurgency in its borders. They're going to need help.

We've already committed to a humanitarian and reconstruction mission. We've said we don't expect this to be an operation involving military force, but this is naive. There have already least two instances of these irregulars interfering with humanitarian aid convoys. Unless we want another Mogadishu on our hands, we will need to support our humanitarian effort with military force. We can also fully expect attacks by irregulars against civilian infrastructure that Georgia is attempting to rebuild. Oh, and another thing---Russia has absolutely no intention of honoring its word to turn the rebel provinces over to international peacekeepers. They continued to sent in fresh reinforcements to both provinces after the first ceasefire agreement; not to mention they have pretty much announced their intentions in the media. We can expect these provinces to act as a safe haven for rebel forces to operate out of and retreat to--an area where the victorious "sweep and hold" counterinsurgency strategy cannot be implemented.

Russia has essentially handed the US a lose-lose situation. We are already stretched too thin to get involved in another insurgency. So we can either underestimate the commitment involved in Georgia and wear our military down to the point that we can't back up our obligations to NATO; or, we do nothing and allow Georgia to collapse, in which case NATO and Eastern Europe won't be looking to us for help either. If Western Europe decided to pull their weight in Georgia, this situation could be avoided, but the Russians are gambling on them being too timid to do so. It's a pretty safe bet given their track record.

Thursday, August 14, 2008

Did I Mention I Love These Guys?

Another Gem from Information Dissemnation:

With the Navy being given the green light, we are about to observe the first major US Navy operation since the 2005 Tsunami. That may not sound like much to those not familiar with that story, but it is. These events will further shape the way we look at military power strategically.

For the second time in the 21st century, the United States is about to exercise military power in a major way other than war, but instead of confronting the challenge of a natural disaster, this time the confrontation is with a military power exercising political control. Is this a military mission? In the 21st century, yes.

But not in your traditional way. This is the perfect example why military strategy is incomplete when it focuses only on the duties of conducting war. This is not a peacekeeping mission, peacekeeping is what nations do when the UN asks them to fill space between wars. This scenario, the full spectrum multi-agency option other than war, logistically supported by the tools of war, is what we mean when we use the world peacemaking in 21st century strategy.

This is the black dot in the white side of the Yin Yang. This will be interesting.


http://informationdissemination.blogspot.com/2008/08/all-ahead-slow.html

Wednesday, August 13, 2008

Black Sea Missile Battle?

Found a great naval blog, http://informationdissemination.blogspot.com/. They're passing on a story from the Ukrainian press about the details of the naval battle reported some days ago, when a Georgian missile boat was reported sunk. Here's the account:

We took up station guarding the opposed landing on the Abkhaz shore when all of a sudden four high speed targets were detected. We sent out an IFF signal and the targets didn't react. Receiving a command from the flagship, we got into formation and right at that moment the unidentified targets opened fire on the ship formation and flagship. The cruiser was damaged and a small fire broke out aboard. Then, fearing for seaworthyness, the flagship withdrew from the firing area." - the sailor said.

"Right then the small missile boats clearly fired," the participant continued. "Taking up position, our MRK launched a "Malakhit" (SS-N-9) anti-surface missile, which literally cut the lead ship, the "Tbilisi" to ribbons. After that, fire was shifted to the rest of the Georgian ships. Another ship was damaged, we couldn't finish it off, allowing it to leave the scene under its own power.




Three interesting items of note there. First of all, that could not have been the Tblisi, and I can prove it. Here she is, burning at port:




And here she is on her better days:


Georgia has no other boats of that class, so it's definitely her. So, the unfortunate implication is that the boat this sailor believes he sunk was actually Georgia's only other (and much more powerful) missile boat, the Dioskuria. Damn. (Or, there were no Georgian missile boats there at all.)

Item two: Apparently the mighty Moskva was hit in this fight and had to withdraw. Did the infamous Exocet strike again? Or were the Russian ships just incapable of keeping the Georgian gunboats at a safe distance and got shelled? In any case, the Slava-class design "is said to be marred by large quantities of flammable material and poor damage-control capabilities," so a small amount of damage might take it out of the fight. I'd hate to be on board if those Sandboxes started cooking off...



Thirdly, as far as I'm aware, this is the first time the SS-N-9 Siren was used in combat. If only one was fired, then it's 1/1.... but I suspect they fired several and mostly missed. They might have been too close for it to be as effective as it could have been.

EDIT:
I just wanted to follow up on this post since I recently installed SiteMeter and noticed this article is still getting hits. The best evidence now suggests the ship sunk in the skirmish was a gunboat; not either of the missile boats Tblisi or Dioskiria. The Dio was towed out to sea from Poti and scuttled.

More here.

Tuesday, August 12, 2008

How do you say "dumbass" in French or German?

You would think that after WWII, everyone would have learned that appeasement is bad foreign policy. Well, I guess being on the wrong side of that war prevented Germany from learning that lesson. I have no idea what France's excuse is.

Why do I say this? Well, France and Germany opposed Georgia's entry into NATO because they were fearful of angering Russia. If Georgia had been a NATO member, Russia would have been deterred from invading Georgia. There would not be a shooting war going on now, 2000+ people would still be alive, and the US and EU wouldn't have to put the pieces back together when it's all over.

The lesson here is obvious, and it's a lesson we all should have learned long ago. When you're dealing with a bully, show strength, not weakness. Bullies love to act when they know they can get away with it.

Friday, June 27, 2008

Heller: A Fork In the Road

Sundown at Coffin Rock
by Raymond K. Paden

The old man walked slowly through the dry, fallen leaves of autumn, his practiced eye automatically choosing the bare and stony places in the trail for his feet. There was scarcely a sound as he passed, though his left knee was stiff with scar tissue. He grunted occasionally as the tight sinews pulled. Damn chainsaw, he thought.

Behind him, the boy shuffled along, trying to imitate his grandfather, but unable to mimic the silent motion that the old man had learned during countless winter days upon this wooded mountain in pursuit of game. He's fifteen years old, the old man thought. Plenty old enough to be learning. But that was another time, another America. His mind drifted, and he saw himself, a fifteen-year-old boy following in the footsteps of his own grandfather, clutching a twelve gauge in his trembling hands as they tracked a wounded whitetail.

The leg was hurting worse now, and he slowed his pace a bit. Plenty of time. It should have been my own son here with me now, the old man thought sadly. But Jason had no interest, no understanding. He cared for nothing but pounding on the keys of that damned computer terminal. He knew nothing about the woods, or where food came from...or freedom. And that's my fault, isn't it?

The old man stopped and held up his hand, motioning for the boy to look. In the small clearing ahead, the deer stood motionless, watching them. It was a scraggly buck, underfed and sickly, but the boy's eyes lit up with excitement. It had been many years since they had seen even a single whitetail here on the mountain. After the hunting had stopped, the population had exploded. The deer had eaten the mountain almost bare until erosion had become a serious problem in some places. That following winter, three starving does had wandered into the old man's yard, trying to eat the bark off of his pecan trees, and he had wished the "animal rights" fanatics could have been there then. It was against the law, but old man knew a higher law, and he took an axe into the yard and killed the starving beasts. They did not have the strength to run.

The buck finally turned and loped away, and they continued down the trail to the river. When they came to the "Big Oak," the old man turned and pushed through the heavy brush beside the trail and the boy followed, wordlessly. The old man knew that Thomas was curious about their leaving the trail, but the boy had learned to move silently (well, almost) and that meant no talking. When they came to "Coffin Rock," the old man sat down upon it and motioned for the boy to join him.

"You see this rock, shaped like a casket?" the old man asked. "Yes sir." The old man smiled. The boy was respectful and polite. He loved the outdoors, too. Everything a man could ask in a grandson ....or a son.

"I want you to remember this place, and what I'm about to tell you. A lot of it isn't going to make any sense to you, but it's important and one day you'll understand it well enough. The old man paused. Now that he was here, he didn't really know where to start.

"Before you were born," he began at last, "this country was different. I've told you about hunting, about how everybody who obeyed the law could own guns. A man could speak out, anywhere, without worrying about whether he'd get back home or not. School was different, too. A man could send his kids to a church school, or a private school, or even teach them at home. But even in the public schools, they didn't spend all their time trying to brainwash you like they do at yours now." The old man paused, and was silent for many minutes. The boy was still, watching a chipmunk scavenging beside a fallen tree below them.

"Things don't ever happen all at once, boy. They just sort of sneak up on you. Sure, we knew guns were important; we just didn't think it would ever happen in America. But we had to do something about crime, they said. It was a crisis. Everything was a crisis! It was a drug crisis, or a terrorism crisis, or street crime, or gang crime. Even a 'health care' crisis was an excuse to take away a little more of our rights." The old man turned to look at his grandson.

"They ever let you read a thing called the Constitution down there at your school?" The boy solemnly shook his head. "Well, the Fourth Amendment's still in there. It says there won't be any unreasonable searches and seizures. It says you're safe in your own home." The old man shrugged. "That had to go. It was a crisis! They could kick your door open any time, day or night, and come in with guns blazing if they thought you had drugs ...or later, guns. Oh, at first it was just registration -- to keep the guns out of the hands of criminals! But that didn't work, of course, and then later when they wanted to take 'em they knew where to look. They banned 'assault rifles', and then 'sniper rifles', and 'Saturday night specials.' Everything you saw on the TV or in the movies was against us. God knows the news people were! And the schools were teaching our kids that nobody needed guns anymore. We tried to take a stand, but we felt like the whole face of our country had changed and we were left outside."

"Me and a friend of mine, when we saw what was happening, we came and built a secret place up here on the mountain. A place where we could put our guns until we needed them. We figured some day Americans would remember what it was like to be free, and what kind of price we had to pay for that freedom. So we hid our guns instead of losing them."

"One fellow I knew disagreed. He said we ought to use our guns now and stand up to the government. Said that the colonists had fought for their freedom when the British tried to disarm them at Lexington and Concord. Well, he and a lot of others died in what your history books call the 'Tax Revolt of 1998,' but son, it wasn't the revolt that caused the repeal of the Second Amendment like your history book says. The Second Amendment was already gone long before they ever repealed it. The rest of us thought we were doing the right thing by waiting. I hope to God we were right."

"You see, Thomas. It isn't government that makes a man free. In the end, governments always do just the opposite. They gobble up freedom like hungry pigs. You have to have laws to keep the worst in men under control, but at the same time the people have to have guns, too, in order to keep the government itself under control. In our country, the people were supposed to be the final authority of the law, but that was a long time ago. Once the guns were gone, there was no reason for those who run the government to give a damn about laws and constitutional rights and such. They just did what they pleased and anyone who spoke out...well, I'm getting ahead of myself."

"It took a long time to collect up all the millions of firearms that were in private hands. The government created a whole new agency to see to it. There were rewards for turning your friends in, too. Drug dealers and murderers were set free after two or three years in prison, but possession of a gun would get you mandatory life behind bars with no parole.

"I don't know how they found out about me, probably knew I'd been a hunter all those years, or maybe somebody turned me in. They picked me up on suspicion and took me down to the federal building."

"Son, those guys did everything they could think of to me. Kept me locked up in this little room for hours, no food, no water. They kept coming in, asking me where the guns were. 'What guns?' I said. Whenever I'd doze off, they'd come crashing in, yelling and hollering. I got to where I didn't know which end was up. I'd say I wanted my lawyer and they'd laugh. 'Lawyers are for criminals', they said. 'You'll get a lawyer after we get the guns.' What's so funny is, I know they thought they were doing the right thing. They were fighting crime!"

"When I got home I found Ruth sitting in the middle of the living room floor, crying her eyes out. The house was a shambles. While I was down there, they'd come out and took our house apart. Didn't need a search warrant, they said. National emergency! Gun crisis! Your grandma tried to call our preacher and they ripped the phone off the wall. Told her that they'd go easy on me if she just told them where I kept my guns." The old man laughed. "She told them to go to hell." He stared into the distance for a moment as his laughter faded.

"They wouldn't tell her about me, where I was or anything, that whole time. She said that she'd thought I was dead. She never got over that day, and she died the next December."

"They've been watching me ever since, off and on. I guess there's not much for them to do anymore, now that all the guns are gone. Plenty of time to watch one foolish old man." He paused. Beside him, the boy stared at the stone beneath his feet.

"Anyway, I figure that, one day, America will come to her senses. Our men will need those guns and they'll be ready. We cleaned them and sealed them up good; they'll last for years. Maybe it won't be in your lifetime, Thomas. Maybe one day you'll be sitting here with your son or grandson. Tell him about me, boy. Tell him about the way I said America used to be." The old man stood, his bad leg shaking unsteadily beneath him.

"You see the way this stone points? You follow that line one hundred feet down the hill and you'll find a big round rock. It looks like it's buried solid, but one man with a good prybar can lift it, and there's a concrete tunnel right under there that goes back into the hill."

The old man stood, watching as the sun eased toward the ridge, coloring the sky and the world red. Below them, the river still splashed among the stones, as it had for a million years. It's still going, the old man thought. There'll be someone left to carry on for me when I'm gone. It was harder to walk back. He felt old and purposeless now, and it would be easier, he knew, to give in to that aching heaviness in his left lung that had begun to trouble him more and more. Damn cigarettes, he thought. His leg hurt, and the boy silently came up beside him and supported him as they started down the last mile toward the house. How quiet he walks, the old man thought. He's learned well.

It was almost dark when the boy walked in. His father looked up from his paper. "Did you and your granddad have a nice walk?"

"Yes," the boy answered, opening the refrigerator. "You can call Agent Goodwin tomorrow. Gramps finally showed me where it is."


Perhaps a bit further down the road, now.

But where would we be now if not for Roberts and Alito? Despite our President's many sins... he saved us.

Heller Post-Mortem Follow-Up

Apparently Justice Breyer "shares" my concern, in a manner of speaking. Although he seems more worried that it will cause new weapons NOT to be banned....

Nor is it at all clear to me how the majority decides which loaded "arms" a homeowner may keep. The majority says that that Amendment protects those weapons "typically possessed by law-abiding citizens for lawful purposes." Ante, at 53. This definition conveniently excludes machineguns, but permits handguns, which the majority describes at "the most popular weapon chosen by Americans for self-defense in the home." Ante, at 57, see also ante, at 54-55. But what sense does this approach make? According to the majority's reasoning, if Congress and the States lift restrictions on the possession and use of machineguns, and people buy machineguns to protect their homes, the court will have to reverse course and find that the Second Amendment does, in fact, protect the individual self-defense-related right to possess a machinegun. On the majority's reasoning, if tomorrow someone invents a particularly useful, highly dangerous self-defense weapon, Congress and the States had better ban it immediately, for once it becomes popular Congress will no longer possess the constitutional authority to do so. In essence, the majority determines what regulations are permissible by looking to see what existing regulations permit. There is no basis for believing that the Framers intended such circular reasoning.


BREYER, J., dissenting at 42. (emphasis added)

Thursday, June 26, 2008

Heller Post-Mortem: Wagging the Dog

As I mentioned in the previous post, the individual vs. collective rights issue was a constitutional no-brainer. The only surprise there was that it went 5-4 over this point.

We also didn't get a standard to apply. I was predicting intermediate scrutiny, which in hindsight was quite stupid of me. The smart move for the Court to make was to punt the standard to the lower courts, so they get a chance to see how it goes before they pick a rule with the force of stare decisis. So my predictions get no points.

I wish I could say I was pleased with the decision, but the more I think about it, the more I'm troubled. The problem is in Justice Scalia's definition of the "arms" that are protected by the RKBA. Consider the following passages:

We think that Miller's "ordinary military equipment" language must be read in tandem with what comes after: "[O]rdinarily when called for [militia]service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time." The traditional militia was formed from a pool of men bringing arms "in common use at the time" for lawful purposes like self-defense. "In the colonial and revolutionary era, [small-arms] weapons used by militiamen and weapons used in defense of person and home were one and the same."


We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those "in common use at the time." We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of "dangerous and unusual weapons."
It may be objected that if weapons that are most useful in military service--M-16 rifles and the like--may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment's ratification was the body of all citizens capable of military service, would would bring the sorts of lawful weapons that possessed at home to militia duty. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. But the fact that modern developments have limited the degree of fit between the prefatory clause and the protected right cannot change our interpretation of the right.


The problem here is the limiting of the RKBA to apply to weapons "in common use" by civilians at the time. I preferred the straight up Miller approach, which implied that weapons that are "any part of the ordinary military equipment" or those the use of which would "contribute to the common defense" were within the scope of protection. The difference between these two standards is very slight, but has one crucial difference: The government doesn't get to decide which weapons "contribute to the common defense," but it absolutely can determine which weapons are "in ordinary use" by civilians. Case in point: If not for the National Firearms Act of 1934, weapons such as the M-16 and MP-5 would be in common use by civilians today. But because they are severely regulated, these weapons are not in ordinary use.... and are therefore ineligible for protection. The tail has wagged the dog. Looking prospectively, to ban weapons the government need only pick a weapon not in ordinary use (perhaps, for example, .50 caliber rifles), or regulate a weapon or class of weapons until the people stop ordinarily using it, making that new weapon or class of weapons eligible to be banned.

So, while on its face Justice Scalia and the majority have appeared to prevent the "extinction" of the Second Amendment, they have provided the government with a method to narrow the scope of the Second Amendment until it collapses into irrelevance.

Heller Predictions

A decision is expected in less than two hours, so I need to get on the record quickly. Here goes:

Judgment: Affirmed
Holding: RKBA is individual right, not collective.
Rule: Intermediate scrutiny; similar to the 1st Amendment's Time, Place, and Manner standard. The government must prove that the regulation serves an important/overriding/compelling interest not related to the suppression of gun ownership/use rights, and the regulation must be reasonably tailored to support that interest without unnecessarily harming the RKBA.
Application: DC ban does not pass scrutiny.

Of these, I think the Rule is the only outcome that's even in doubt. As long as there is an individual RKBA, the DC ban absolutely violates it. And the Supremes don't fail at reading comprehension enough not to find an individual RKBA.

For what it's worth, I hope we get strict scrutiny instead, but I don't think the Court will go there. Ordinarily SS would mean that 90%+ of the challenges against gun laws would win, which is simply not politically acceptable to the Court. And if they found a way to articulate the RKBA in such a way that many laws could pass SS, then SS itself would be harmed, and with it protections for other rights. So my bet is on intermediate scrutiny, which in all likelihood will only lead to the downfall of the most extreme gun control laws.