Free Markets, Free People

Crime


Speaking Of The “Drug War” …

Not everyone engaged in it is the sharpest knife in the drawer – and that goes for both sides.

In this particular case it’s the supply side, instead of the enforcement side, which gets the spotlight:

Officials say a suspected drug dealer who led police on a 90 mph chase in Indiana was arrested after he stopped suddenly at a Taco Bell parking lot.

Fort Wayne police Sgt. Mark Walters says 36-year-old Jermaine Askia Cooper told officers he “knew he was going to jail for a while” and wanted to get one last burrito.

Expect to see a variation on that theme in a Taco Bell commercial soon. At least Cooper was thinking outside the bun.

~McQ


Pirates, Armed Guards and “Civilized” Popinjays

With the spike in interest about combating piracy suddenly, any number of people have been sought out and quoted concerning their ‘expert’ opinion about what to do.

This one simply mystifies me.

Cyrus Mody of the International Maritime Bureau said that his organisation had qualms about the use of armed guards on ships: “We always have been against the carriage of arms on vessels. First, we don’t think there is legal backing. Two, there’s a risk of escalation. Three, you cannot carry arms on ships carrying hazardous or dangerous cargo.

“If you permit armed guards on certain vessels, the others, which cannot carry the armed guards will become vulnerable and be targeted a lot more.”

Maybe it is just me, but I simply don’t understand thinking like this. It reminds me of the rightfully ridiculed “if rape is inevitable, lay back and endure it” school of thought.

Note how Mr. Mody seems not to understand that we have an inherent right to self-defense and thus shouldn’t be particularly concerned with whether or not exercising that right has “legal backing”. When armed thieves attack you and your property, they certainly aren’t concerned with the niceties of legal backing. They are called “outlaws” for a reason. But like all human beings, they’re looking for easy targets. Lay back and offer no resistance and they’ll happily take your property and, perhaps, your life. Although that hasn’t been the case yet, it certainly could happen now that the military of various states are killing pirates. In fact, because they are using deadly force now, the need for being able to defend one’s self would seem to me to be even more urgent than before.

That brings us to point two – escalation. I hate to break it to Mr. Mody, but as noted, the military reaction to piracy has escalated the situation. What is obvious, however, is the military cannot provide protection to all of the shipping transiting the area – it can only react to attacks. In the last two attacks on American ships, there was no way for our navy to react immediately. In both cases the USS Bainbridge was hundreds of miles away when the attacks occurred. That leaves immediate self-defense in the hands of the crew of the ship being attacked.pirates

As for three, of course you can have weaponry on such ships if done properly. And think of it this way, pirates don’t know whether or not the ship is carrying “hazardous or dangerous cargo” when they attack. So when they launch that RPG they’re much more of a danger to those cargoes (and the crew) than someone on the ship putting a line of .50 cal rounds across the bow of a pirate skiff and scaring them away.

And four, per Mr. Mody, it just isn’t fair if some ships have armed guards (Mr. Mody was reacting to a story about armed guards on an Italian cruise ship foiling a pirate attack) and others don’t. That’s just nonsense. It’s like “gun free zones” – what do they tell criminals? That no one will be able to defend themselves because the criminal will be the only one with a gun. It’s stupid. The whole point is to make the pirates unsure as to whether the ship has armed guards and whether it is worth it to them to attempt to attack such a ship. One way to take that sort of calculation out of their attacks is to ensure ships are “gun free zones”.

Certainly there are non-lethal ways to fight pirates, but as Gen. Petraeus said the other day, and I’m paraphrasing, I wouldn’t want to be on a water cannon when the guy at the other end has an RPG.

Fighting off pirates requires resistance, and resistance requires at least equality in firepower. The whole point is to make piracy less and less attractive. Right now the pirates pick a target, board it and name their ransom. The risk to reward ratio is so low they won’t consider returning to their former life. One way to help them make such a decision more readily is to raise that reward-to-risk ratio to a level that it is no longer attractive. Seems to me armed ships along with military intervention are certainly a good way to do that.

What we don’t need to be doing is listening to the likes of Mr. Mody and trying to dress up stupidity as some form of “civilized behavior”.

~McQ


The AIPAC and Harman Scandal

The blogosphere is abuzz after this Jeff Stein piece in CQ Politics, essentially regurgitating old news:

Influence Peddler?

Influence Peddler?

Rep. Jane Harman , the California Democrat with a longtime involvement in intelligence issues, was overheard on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department reduce espionage-related charges against two officials of the American Israeli Public Affairs Committee, the most powerful pro-Israel organization in Washington.

Harman was recorded saying she would “waddle into” the AIPAC case “if you think it’ll make a difference,” according to two former senior national security officials familiar with the NSA transcript … In exchange for Harman’s help, the sources said, the suspected Israeli agent pledged to help lobby Nancy Pelosi , D-Calif., then-House minority leader, to appoint Harman chair of the Intelligence Committee after the 2006 elections, which the Democrats were heavily favored to win.

Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, “This conversation doesn’t exist.”

The fact that Harman was recorded via an NSA wiretap has some in the blogosphere declaring a victory for irony:

There’s a large poetic justice factor here in that Harman has been a big defender of potentially abusive surveillance so she doesn’t, personally, have much to stand on as an opponent of abusive surveillance when applied to her.

[...]

Thinking about that further reenforces (sic) the point that selective, unaccountable surveillance is very dangerous. A president could do a great deal to gin up pretexts to wiretap members of congress and blackmail them even without the members doing anything unusually egregious. But it’s also a reminder that we have a political system that’s substantially powered by a kind of systematic, quasi-legalized bribery.

Matthew Yglesias’ self-righteousness is supposedly justified by the fact that Rep. Harman backed the Bush Administration’s terrorist surveillance program, fondly remembered by the left as the inappropriately named “domestic warrantless wiretapping” program. However, Harman was not caught on tape by that program, but instead via a regular, old court-approved wiretap:

It’s true that allegations of pro-Israel lobbyists trying to help Harman get the chairmanship of the intelligence panel by lobbying and raising money for Pelosi aren’t new.

They were widely reported in 2006, along with allegations that the FBI launched an investigation of Harman that was eventually dropped for a “lack of evidence.”

What is new is that Harman is said to have been picked up on a court-approved NSA tap directed at alleged Israel covert action operations in Washington.

Nevertheless, thanks to Harman’s transgressions against the anti-war/anti-Bush left, in the form of her support of anti-terrorism activities, she is not getting any sympathy from Democrats. Which is a shame because it doesn’t necessarily appear that she’s done anything wrong here.

Because the article provides a paucity of specific information, I’m hard-pressed to figure out what Harman’s illegal action could have been. All the allegations are to unnamed sources, and there is no indication of what the supposed illegal activity was. The insinuation is that, based on earlier reports, Harman would help out AIPAC in return for the lobbying group raising money for Pelosi, who would then show her appreciation by promoting Harman to the Chairmanship of the Senate Intelligence Committee. Yet the facts as alleged don’t even support that theory.

First of all, there is nothing wrong with Harman “waddling into” the AIPAC case merely to advocate for a lighter sentence for the Israeli defendant accused of spying. It may not have been smart, nor exactly savory, but it would not have been illegal as far as I know. If instead Harman had tried to use her official powers to alter the outcome someway (which is not alleged), I could see wher there may some problems. Merely making a case for a lighter sentence does not even begin to rise to that level, however.

Furthermore, I’m not so sure that there is any real quid pro quo here. If after Harman “waddled into” the spy case, AIPAC went to Nancy Pelosi and said “that Harman chick is one swell gal! You should promote to the head of Senate intelligence panel, or something,” what would be the problem? Does AIPAC not have the freedom of speech to say they like one congressman over another? Some might think that AIPAC is a foreign lobbyist firm (it’s not), and thus should be restricted from certain activities with respect to supporting political appointments, but that’s not true. Foreign lobbyists are more restricted when it comes to elections, but no lobbyist is prevented from advocating for the appointment of an already elected official to committee assignment or the like. So, again, based on the information provided, I’m just not sure what the charge is here.

Interestingly enough, if there is anyone who should be worried about this latest report (assuming any of it is true), it is Alberto Gonzales. According to Stein’s article, other than the fact that Harman was caught on tape, the only other new news here is that “contrary to reports that the Harman investigation was dropped for ‘lack of evidence,’ it was Alberto R. Gonzales, President Bush’s top counsel and then attorney general, who intervened to stop the Harman probe.”

Why? Because, according to three top former national security officials, Gonzales wanted Harman to be able to help defend the administration’s warrantless wiretapping program, which was about break in The New York Times and engulf the White House.

As for there being “no evidence” to support the FBI probe, a source with first-hand knowledge of the wiretaps called that “bull****.”

[...]

The identity of the “suspected Israeli agent” could not be determined with certainty, and officials were extremely skittish about going beyond Harman’s involvement to discuss other aspects of the NSA eavesdropping operation against Israeli targets, which remain highly classified.

But according to the former officials familiar with the transcripts, the alleged Israeli agent asked Harman if she could use any influence she had with Gonzales, who became attorney general in 2005, to get the charges against the AIPAC officials reduced to lesser felonies.

[...]

Harman responded that Gonzales would be a difficult task, because he “just follows White House orders,” but that she might be able to influence lesser officials, according to an official who read the transcript.

According to the rest of the story, the Justice Department and the CIA were ready to conduct a full scale investigation of Harman because of the transcripts, but Gonzales stepped in and stopped it because he needed her help:

According to two officials privy to the events, Gonzales said he “needed Jane” to help support the administration’s warrantless wiretapping program, which was about to be exposed by the New York Times.

Harman, he told Goss, had helped persuade the newspaper to hold the wiretap story before, on the eve of the 2004 elections. And although it was too late to stop the Times from publishing now, she could be counted on again to help defend the program

He was right.

On Dec. 21, 2005, in the midst of a firestorm of criticism about the wiretaps, Harman issued a statement defending the operation and slamming the Times, saying, “I believe it essential to U.S. national security, and that its disclosure has damaged critical intelligence capabilities.”

Pelosi and Hastert never did get the briefing.

And thanks to grateful Bush administration officials, the investigation of Harman was effectively dead.

The problem with this version of the story is that it fails to allege what wrongdoing Harman was being accused of. Lots of “sources familiar with the transcript” are quoted, although none are named, and not a single person identified which statute or regulation Harman allegedly violated. Why is that?

Of course, regardless of whether Harman had actually committed any crime, if Gonzales called the dogs off for political reasons (as the story asserts), then he has a problem. I don’t think it would be obstruction of justice per se since, after all, he was head of the DoJ. Short-circuiting a criminal investigation for political gain, however, is exactly the sort of use of public office that Harman appears to be accused of in the Stein story.

At this point it is difficult, if not impossible, to tell exactly what happened. There are tiny whiffs of spice conjured up here there, but no real meat on any of the bones. Stein even admits at the end of his story that none of the supposed gains bargained for were actually realized:

Ironically, however, nothing much was gained by it.

The Justice Department did not back away from charging AIPAC officials Steve Rosen and Keith Weissman for trafficking in classified information.

Gonzales was engulfed by the NSA warrantless wiretapping scandal.

And Jane Harman was relegated to chairing a House Homeland Security subcommittee.

All of which calls the veracity of the story into question. I don’t know what actually went down, and apparently neither does anyone else whose willing to be named. Until there are some solid facts produced and names put behind them, this whole “scandal” looks pretty contrived in my opinion. Which really just leaves two questions: (1) Why this old story now, and (2) Cui bono? Your guess is as good as mine.


SEALS 4, Pirates 0 – Final

Some form of strange aquatic life, not native to the coast of Somalia, helped Captain Richard Phillips escape his pirate captives. He’s now safe aboard the USS Bainbridge.

The pirates? Not so good:

The American captain of a cargo ship held hostage by pirates jumped overboard from the lifeboat where he was being held, and U.S. Navy SEALs shot and killed three of his four captors, according to a senior U.S. official with knowledge of the situation.

You knew it was coming – you just wondered when.

My guess is remaining pirates will now immediately go to remedial flag identification class and learn the difference between the US flag and the flag of Panama.

~McQ


Enabling Theft Should Be Punished, Not Encouraged

This is, at least to me, an example of the entitlement mentality which has been fostered in this country:

When the woman who calls herself Queen Omega moved into a three-bedroom house here last December, she introduced herself to the neighbors, signed contracts for electricity and water and ordered an Internet connection.

What she did not tell anyone was that she had no legal right to be in the home.

Ms. Omega, 48, is one of the beneficiaries of the foreclosure crisis. Through a small advocacy group of local volunteers called Take Back the Land, she moved from a friend’s couch into a newly empty house that sold just a few years ago for more than $400,000.

Michael Stoops, executive director of the National Coalition for the Homeless, said about a dozen advocacy groups around the country were actively moving homeless people into vacant homes — some working in secret, others, like Take Back the Land, operating openly.

The entitlement mentality is further enabled by morally misguided groups that confuse legitimate civil rights concerns with outright theft:

In addition to squatting, some advocacy groups have organized civil disobedience actions in which borrowers or renters refuse to leave homes after foreclosure.

I have some empathy for those who find themselves in a situation where they are forced from their homes because they can’t afford to pay what they agreed to pay (and I’m especially sympathetic to those who have children). But I cannot condone activities which assume a “right” to something they don’t own. And I certainly don’t define actions to secure what isn’t rightfully theirs as “civil disobedience”.

It’s theft. Property rights are a fundamental building block of a free society. Allow the subversion of those rights and the society won’t be free for long.

And groups and “community organizers” that encourage such subversion or enable the thieves are accessories to theft and should be treated as such.

Instead, they’ll most likely receive federal “stimulus” money.

~McQ


Ooops

Pirates, operating off the coast of Somalia, have grabbed an American flagged ship. Although they’re rare, it’s just not a good idea to grab American flagged ships because it is likely to bring a response that for which the pirates aren’t looking.   I.e., a crew that fights back, and every available American military vessel in the area.

As it turns out the pirates grabbed the Masersk Alabama off the eastern coast of Somalia yesterday. That’s below the Horn of Africa since the Gulf of Aden, their previous hunting grounds, has been pretty effectively policed by TF-151 – a coalition of 12 navies.

It is assumed, since the attack on the Alabama occurred 350 miles off the coast of Somalia, that the pirates came from a “mother ship”, a larger ship from which they launch their attacks in the small, swift skiffs they use.

The pirates grabbed the Alabama early in the morning but by afternoon, the crew had retaken the ship. All except the captain who the pirates somehow kept in their custody. Apparently they negotiated with the crew for a pirate the crew had captured and agreed to an exchange. But the pirates didn’t keep their side of the bargain and kept the captain while the crew gave up the pirate.

The pirates and captain are now, apparently sitting in a lifeboat near the ship, negotiating with the crew. On site are the destroyer USS Bainbridge and some air assets.

My guess is this will go on a couple more days with the military content to let it continue as long as they don’t threaten to kill the captain or try to move out of the area. In the meantime they’ll gather as much intel as they can and formulate a plan to retake the captive.

Lesson to pirates? When they see that flag with a blue field full of stars and red and white stripes below it – let it pass. Not worth the effort. They don’t play patsy like the others do.

Oh – and too those trying to make this a presidential level “crisis”, it’s not unless he injects himself into it (and I don’t think he will). If the Pentagon needs guidance or permission for something, they’ll ask. Otherwise they should keep the administration informed and be left to do their job (here’s an interesting rundown of the last US ships taken in international waters and the reaction of three different presidents).

However, one has to wonder if the seizure of a US flagged ship might not increase calls for this:

Retired U.S. Ambassador Robert Oakley, who was special envoy to Somalia in the 1990s, said U.S. special operations forces have drawn up detailed plans to attack piracy groups where they live on land, but are awaiting orders from the Obama national security team.

“Our special operations people have been itching to clean them up. So far, no one has let them,” Oakley told the Daily News.

The veteran diplomat, who also was ambassador to Pakistan, said teams of Army Delta Force or Navy SEALs “could take care of the pirates in 72 hours” if given the order to strike.

“They have plans on the table but are waiting for the green light,” Oakley said.

A Special Operations Command spokesman at McDill Air Force Base in Tampa, Fla., declined comment.

A U.S. intelligence official, though dismissive of the pirates having any terrorism links, said “there is a more intense focus” now on these criminal gangs.

We’ll see.  What concerns me about this is the administration may see this as a relatively cheap opportunity to demonstrate its willingness to use military force to protect American interests.  Piracy, while a pain in the rear, is not such a threat that it requires that level of a response (of the 33,000 ships that transit the Gulf of Aden, less that 1% are hijacked).

~McQ


“It was a game changer”

Thus was the reason, according to former ACORN worker, Anita Moncrief, why the New York Times killed a story about the connections between the activist group and the Obama campaign.

A lawyer involved with legal action against Association of Community Organizations for Reform Now (ACORN) told a House Judiciary subcommittee on March 19 The New York Times had killed a story in October that would have shown a close link between ACORN, Project Vote and the Obama campaign because it would have been a “a game changer.”

Heather Heidelbaugh, who represented the Pennsylvania Republican State Committee in the lawsuit against the group, recounted for the ommittee what she had been told by a former ACORN worker who had worked in the group’s Washington, D.C. office. The former worker, Anita Moncrief, told Ms. Heidelbaugh last October, during the state committee’s litigation against ACORN, she had been a “confidential informant for several months to The New York Times reporter, Stephanie Strom.”

[...]

Obama and ACORN

Obama and ACORN

During her testimony, Ms. Heidelbaugh said Ms. Moncrief had told her The New York Times articles stopped when she revealed that the Obama presidential campaign had sent its maxed-out donor list to ACORN’s Washington, D.C. office.

Ms. Moncrief told Ms. Heidelbaugh the [Obama] campaign had asked her and her boss to “reach out to the maxed-out donors and solicit donations from them for Get Out the Vote efforts to be run by ACORN.”

Ms. Heidelbaugh then told the congressional panel:

“Upon learning this information and receiving the list of donors from the Obama campaign, Ms. Strom reported to Ms. Moncrief that her editors at The New York Times wanted her to kill the story because, and I quote, “it was a game changer.”’

ACORN does not exactly deny Moncrief’s allegations, but instead waives her off as a “disgruntled” employee:

“None of this wild and varied list of charges has any credibility and we’re not going to spend our time on it,” said Kevin Whelan, ACORN deputy political director in a statement issued last week.

And the NYT isn’t saying much either:

Ms. Mathis [the New York Times’ Senior Vice President for Corporate Communications] wrote, “In response to your questions to our reporter, Stephanie Strom, we do not discuss our newsgathering and won’t comment except to say that political considerations played no role in our decisions about how to cover this story or any other story about President Obama.”

Strangely, neither the Obama administration nor anyone connected with his campaign comments on the story. Of course, if the allegations regarding handing over the donor list are true, then there may campaign finance law violations to worry about, so they probably wouldn’t say much anyway.

I have to admit, this is almost a dog-bites-man story. There can’t be too many people who will seriously contend that the NYT isn’t a liberal newspaper. And it wasn’t any big secret during the run-up to the election that the MSM was in the tank for Obama. But I do wonder if many people realize the lengths that the MSM would go to in order to see their boy to the finish line. Hillary supporters got the message pretty loud and clear during the primaries, and Palin’s backers can cite chapter and verse on how the MSM dragged her and her family through the gutter. Some people might even remember that story suggesting that McCain had an affair with lobbyist Vicki L. Iseman (for which she sued the NYT and settled out of court).

Yet, how many people realize that the de facto leader of the MSM would spike a story that’s not just critical of their chosen candidate, but that implicates him in illegal activity with a notorious election law violator? Seems like that would be news fit to print. Just not in the NYT apparently.

By the way, keep this story in mind as plans continue to unfold regarding the federal government subsidizing newspapers. If the NYT was willing to spike a story just to help its chosen one, what will they do when that chosen one is paying the bills?


Federal Drug Warriors Double Down On The Drug War (UPDATE)

New administration, same lame approach:

U.S. Secretary of State Hillary Rodham Clinton on Wednesday pledged to stand “shoulder to shoulder” with Mexico in its violent struggle against drug cartels, and acknowledged the U.S. shares blame because of its demand for drugs and supply of weapons.

She said the United States shares responsibility with Mexico for dealing with violence now spilling across the border and promised cooperation to improve security on both sides.

And it’s your fault:

“I feel very strongly we have a co-responsibility,” Clinton told reporters, adding: “Our insatiable demand for illegal drugs fuels the drug trade. Our inability to prevent weapons from being illegally smuggled across the border to arm these criminals causes the deaths of police officers, soldiers and civilians.”

Of course, if we had control of our borders and drugs weren’t “illegal”, we probably wouldn’t be seeing the slaughter on the border now, would we?

Look, I know, as does everyone who reads this blog, that the sudden realization that it is the prohibition that drives all of this violence and not the demand, isn’t going to suddenly dawn on the politicians. The lessons of 1920′s prohibition have apparently been lost on them. The lawlessness, the gun violence, the flouting of the law by a majority of the population – all were essentially eliminated with the repeal of the 18th Amendment.

I’m not going to make the argument that drugs are good for you, harmless or something I’d want my grandkids to do. But I understand, despite all of that, that our approach – prohibition – is an abject failure and the war on the border is simply a manifestation of that failure.

The key to winning this war is to take the profit motive for criminals out of the equation. For most observers that seems self-evident. No profit, no war. No war, no need for guns and killing.
drugwar1
Yet governments seem to resist that obvious point. Instead they wage “war” on the producers, suppliers and users. But the profits, propped up by the government prohibition, are so obscene that the replacement of producers and suppliers taken out of the “business” is almost instant. And the size of the user population is such that only low single digit percentages of them are ever caught and prosecuted.  It is, relatively speaking, a low risk business with very high rewards for the producers.

In reality, a criminal business is motivated by the very same things as is a legal business. It responds to the same sorts of market incentives as a legal business. The market, however, isn’t created by natural demand and regulated by competition. Instead, the market is one created by government prohibition. No prohibition, no “illegal” demand. No illegal demand, no possibility of the obscene profits enjoyed and no real appeal to a criminal enterprise or syndicate.

So calling for more of the same in terms of addressing this problem seems insane. As long as the prohibition remains in place the profit motive for the criminal gangs remains in place as well. And as long as the profits are large enough to more than offset the losses incurred in the distribution process (and the fight with governments and police), they will continue in their “business” until such a profit motive disappears.  And as long as the price of drugs remains reasonably low and readily available (and the enjoyment remains high), and the population wanting them remains large, demand will remain pretty constant.

As has been demonstrated for decades, governmental efforts to stem both supply and demand through prohibition has been a pitiful failure. Yet here we are, getting ready to double down on this horribly failed policy.

In reality, this is again a manifestation of the nanny state. It is a determination by government that something it has decided is detrimental to individuals should be denied them. Instead of approaching the issue as it did with alcohol, our government has eschewed the lessons learned and the success of that effort in favor of the approach it is now taking.

To most rational people such an approach seems absurdly irrational. Yet there is no serious debate within government circles about the failure of the present approach or discussion of alternatives. And that’s in the face of evidence that drugs are now being used to finance terror organizations.

Something has got to change. And it needs to change quickly, or what you see on the border now will only grow worse. We’ve talked about how governments can distort markets. What you see now is a classic example of the results of such a distortion.

UPDATE: New York is trying something different in terms of combatting drugs.  Although still not signed into law, the Governor and legislature have agreed to legislation which would dismantle much of the ’70s era “mandatory sentencing” laws and put more of an emphasis on treatment:

The deal would repeal many of the mandatory minimum prison sentences now in place for lower-level drug felons, giving judges the authority to send first-time nonviolent offenders to treatment instead of prison.

The plan would also expand drug treatment programs and widen the reach of drug courts at a cost of at least $50 million.

New York’s drug sentencing laws, imposed during a heroin epidemic that was devastating urban areas nearly four decades ago, helped spur a nationwide trend toward mandatory sentences in drug crimes. But as many other states moved to roll back the mandatory minimum sentences in recent years, New York kept its laws on the books, leaving prosecutors with the sole discretion of whether offenders could be sent to treatment.

“We’re putting judges in the position to determine sentences based on the facts of a case, and not on mandatory minimum sentences,” said Jeffrion L. Aubry, an assemblyman from Queens who has led the effort for repeal.

“To me, that is the restoration of justice.”

To me, it’s a start.

~McQ


The Growing Problem At The Mexican/US Border (UPDATE)

The Drug War along the Mexican-US border is getting some high level consideration:

President Obama weighed in Wednesday on the escalating drug war on the U.S.-Mexico border, saying that he was looking at possibly deploying National Guard troops to contain the violence but ruled out any immediate military move.

“We’re going to examine whether and if National Guard deployments would make sense and under what circumstances they would make sense,” Obama said during an interview with journalists for regional papers, including a McClatchy reporter.

“I don’t have a particular tipping point in mind,” he said. “I think it’s unacceptable if you’ve got drug gangs crossing our borders and killing U.S. citizens.”

Already this year there have been 1,000 people killed in Mexico along the border, following 2008′s death toll of 5,800, according to federal officials who credit Mexican President Felipe Calderon for a crackdown on drug cartels.

But the spillover on the border — for example, to El Paso from neighboring Ciudad Juarez — has created a political reaction.

In a recent visit to El Paso, Texas Gov. Rick Perry called for 1,000 troops to protect the border.

Obama was cautious, however. “We’ve got a very big border with Mexico,” he said. “I’m not interested in militarizing the border.”

I agree with his point about not “militarizing the border”. And I certainly understand the desire to send in help to quell and control the violence that spills over the border. But my question is, how will the troops be mobilized? The only way Obama can send in National Guard troops as I understand it is by federalizing them. Then it becomes a matter of their role. The Posse Comitatus act prevents federal troops from being used in a law enforcement role except on federal property (like Washington DC). So he’s limited in the role to which he can commit any troops even if he wanted too.

It would seem instead, that perhaps the best way to proceed in this case, if the desire is to send NG troops to the border to help in law enforcement, is for the Governors to mobilize and send them while letting active military lend logistical, intel and perhaps advisory support. But unless they’re sent in a war-fighting mode, there isn’t much of a role for federal troops in this case.

UPDATE: Commenter Jay Evans notes a recent change in the law which may effect this (the John Warner National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122)):

 SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES. (a) USE OF THE ARMED FORCES AUTHORIZED.— (1) IN GENERAL.—Section 333 of title 10, United States Code, is amended to read as follows: ‘‘§ 333. Major public emergencies; interference with State and Federal law ‘‘(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.— (1) The President may employ the armed forces, including the National Guard in Federal service, to— ‘‘(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that— ‘‘(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and ‘‘(ii) such violence results in a condition described in paragraph (2); or ‘‘(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2). ‘‘(2) A condition described in this paragraph is a condition that— ‘‘(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
‘‘(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

‘‘(3) In any situation covered by paragraph (1)(B), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

‘‘(b) NOTICE TO CONGRESS.—The President shall notify Congress of the determination to exercise the authority in subsection (a)(1)(A) as soon as practicable after the determination and every 14 days thereafter during the duration of the exercise of that authority.’’.

(2) PROCLAMATION TO DISPERSE.—Section 334 of such title is amended by inserting ‘‘or those obstructing the enforcement of the laws’’ after ‘‘insurgents’’.

It looks like it now depends on the classification of the problem. 

~McQ


Be A Pro, Or Go

Police pick up a 15 year old girl. 15 year old girl gets lippy and calls them “fat pigs”. Police put 15 year old girl in holding cell and tell her to take off her “basketball shoes”. 15 year old girl slips off left one and kicks it toward the officer and it strikes him in the shin.

Watch how “professionally” the officer handles the situation:

 

 

Yeah, I know – nobody likes lippy 15 year olds who petulantly kick basketball shoes at them, but then nobody likes policemen who act like this dolt either.

~McQ

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