Category Archives: Crime and Punishment

So much for the glass ceiling: Woman makes Most Wanted Terrorists list

most wanted

Does Esquire still do its Dubious Achievement Awards? (I ask because, though I was a subscriber back in the ’70s, I haven’t picked up a copy in many a year.)

If so, here’s something for the list:

The Federal Bureau of Investigation announced today that it has named Joanne Chesimard to its “Most Wanted Terrorists” list, with a $2 million reward being offered for her capture. Chesimard has the dubious distinction of being the first woman on the list, which has existed since 2001 and featured such notorious names as Khalid Sheikh Mohammed, Osama bin Laden, Ayman al-Zawahiri, and Adam Gadahn. Chesimard, who was a member of a group called the Black Liberation Army, was named to the list 40 years to the day after she allegedly shot and killed a state trooper on the New Jersey Turnpike. “Joanne Chesimard is a domestic terrorist who murdered a law enforcement officer execution-style,” FBI Special Agent Aaron Ford said in a press release. “Today, on the anniversary of Trooper Werner Foerster’s death, we want the public to know that we will not rest until this fugitive is brought to justice.”…

Congratulations, ladies. Another barrier has fallen.

But I have to say, this smacks of tokenism to me. Talk about your diligent affirmative action — reaching back 40 years? There must be scores of deserving, better-qualified male terrorists out there who would just love a crack at this kind of recognition, guys who’ve been very busy keeping their resumes current with far-more-recent acts of mayhem, but they’ve been passed over.

I’ll bet some of them are really going to be ticked when they see this.

Great story: the shootout in Boston, by Cullen of the Globe

Earlier today, I heard Kevin Cullen of The Boston Globe on the radio, giving a riveting, shot-by-shot description of the gun battle between Boston-area cops and the Tsarnaev brothers last Thursday night. It’s a great story, and Cullen tells it well in his column this morning. In fact, I don’t recall ever having read a more compelling story about cops in action in a newspaper. An excerpt:

Joe Reynolds is a young cop in Watertown, and last Friday he was driving, alone in his cruiser, when he saw them.

The bombing suspects.

Tamerlan Tsarnaev and his brother Dzhokhar were in two cars, following each other closely.

Reynolds called it in.

Do not engage, the dispatcher told him. Not on your own.

The brothers pulled over. So did Reynolds. He didn’t know it, but he was about to interrupt the two as they tried, police believe, to transfer their crude, homemade explo­sives from one vehicle to another.

As Reynolds waited for backup, it felt like hours, but it was only minutes and that backup, in the form of Sergeant John MacLelland, was speeding up the street just as the Tsarnaevs turned and at least one of them opened up on Joe Reynolds. Reynolds threw his cruiser into reverse and sped backwards. He and MacLelland got out and ­began returning fire.

The suspects had to know they had only one chance if they were going to make their way to New York, perhaps to kill again. They had to shoot their way out. But the cavalry was on the way to ensure that would not happen. A bevy of Watertown, Boston, Transit, and State Police were rushing to help….

It’s not quite the same as hearing it in Cullen’s accent. But just pretend that when he writes “cops,” you’re hearing “cawps.” That will help…

AP: Tsarnaev clammed up after hearing Miranda warning

The Associated Press reported this yesterday. Somehow I missed it until now, but it’s interesting enough to go ahead and take note of:

BOSTON (AP) — The surviving suspect in the Boston Marathon bombings acknowledged to the FBI his role in the attacks but did so before he was advised of his constitutional right to keep quiet and seek a lawyer, U.S. officials said Wednesday.BostonSuspect2

Once Dzhokhar Tsarnaev was read his rights on Monday, he immediately stopped talking, according to four officials of both political parties who were briefed on the interrogation but insisted on anonymity because the briefing was private.

After roughly 16 hours of questioning, investigators were surprised when a magistrate judge and a representative from the U.S. Attorney’s office entered the hospital room and read Tsarnaev his rights, the four officials and one law enforcement official said. Investigators had planned to keep questioning him…

Authorities say they have more than enough evidence without a confession, but they no longer have a font of information on the Tsarnaev brother’s actions, plans or associations.

Which sort of makes this a perfect way of raising yet again the question which so divides the left and right of the political spectrum: Should terrorism be treated as a crime, with emphasis on what it takes to get a conviction, or should we shove prosecutorial considerations aside in order to get information to prevent future attacks?

In a way, we got both approaches here, and perhaps the best of both: A few days of interrogation that led to a preliminary conclusion that the brothers acted without confederates and that now that one is dead and the other in custody, there’s no further danger. Now, the prosecutors can do their thing.

And maybe that’s the way to do it. But I’m sure some would argue that he should have heard his Miranda rights immediately, while others would like to have him continuing to sing to investigators. The latter seems the preference of our own Lindsey Graham, according to Politico:

… Sen. Lindsey Graham (R-S.C.), who had been calling for Tsarnaev to be tried as an enemy combatant rather than as a criminal, on Thursday slammed Attorney General Eric Holder and said he sympathized with the FBI.

“This is the Eric Holder crowd basically refusing to embrace interrogation techniques available to us to make us safe,” he said on “America Live with Megyn Kelly.” After reiterating that Tsarnaev should have earned enemy combatant designation, Graham added, “I know that the FBI agent and the counter terrorism experts have to be incredibly frustrated that they could not continue to interview this suspect about what awaits us as a nation. This was a big mistake.”

What do y’all think?

WMDs finally found — on the streets of Boston

A piece of the WMD in question, according to the FBI.

A piece of the WMD in question, according to the FBI.

There’s something very ironic in the charge filed against Dzhokhar Tsarnaev today:

Boston Marathon bombing suspect Dzhokhar Tsarnaev was charged today with using a weapon of mass destruction in the April 15 attacks that ripped through a crowd at the finish line of the world-renowned race, killing three people and injuring scores of others

Tsarnaev’s initial court appearance was conducted today by a federal magistrate judge in his hospital room, said Gary H. Wente, circuit executive for the federal courts in the First Circuit. Tsarnaev was able to respond to inquiries, nodding or mouthing yes or no, according to a person familiar with the proceedings in the room…

I realize that the law can have definitions that don’t necessarily match the ones we use out in the real world. But if those pressure-cooker bombs were WMDs, then we found plenty of them in Iraq. Every one one of those IEDs built from artillery shells would qualify.

Usually, we make a distinction between such conventional weapons and weapons of mass destruction, which in a military sense refers equally to nuclear, chemical and biological weapons.

But in civilian criminal law, it’s different, according to Wired:

The actual bomb Tsarnaev allegedly constructed and detonated is pretty much the opposite of what people think about when they think “weapon of mass destruction,” a vague term that usually means a weapon carrying an unconventional payload, like a nuclear, chemical or biological yield. The FBI affiant, Special Agent Daniel Genck, confirms the bombs used pressure cookers for their hulls — “of the same brand” — packed with “low grade explosive” containing BBs and nails and a “green hobby fuse.”

Bashar Assad’s chemical arsenal this ain’t. But, as Danger Room explained after U.S. citizen and anti-Assad fighter Eric Harroun, faced similar charges, “weapon of mass destruction” is a very broad category under federal law. Grenades, mines, missiles and rockets all apply. So do homemade bombs of the sort Tsarnaev allegedly constructed. About all that doesn’t apply are firearms and pyrotechnics gear. No one ever said the law had to coincide with military terminology.

It’s an interesting choice for an initial charge. Not murder or accessory to murder. Not resisting arrest. I’m going to be interested to learn more about this prosecutorial decision…

What Lindsey Graham said about bombing suspect

There’s been a lot of overwrought reaction to Lindsey Graham’s suggestion that Dzhokhar Tsarnaev should be tried by military tribunal rather than under our criminal system.

For instance, there was this writer over at Forbes who moaned, “Why is it that those who spend an inordinate amount of time professing their dedication and fealty to the United States Constitution seem to always be among the first to toss our founding document out the window the moment it becomes inconvenient to their desires?”

Which is a grossly unfair mischaracterization of Lindsey Graham and what he said.

What did he say? The main ideas can be found in a series of Tweets starting Friday night, and continuing through this morning:

If captured, I hope Administration will at least consider holding the Boston suspect as enemy combatant for intelligence gathering purposes.

If the #Boston suspect has ties to overseas terror organizations he could be treasure trove of information.

The last thing we may want to do is read Boston suspect Miranda Rights telling him to “remain silent.”

The last thing we may want to do is read Boston suspect Miranda Rights telling him to “remain silent.”

The Obama Administration needs to be contemplating these issues and should not rush into a bad decision.

I appreciate the hard work and bravery of our law enforcement and intelligence communities. #Boston

Now that the suspect is in custody, the last thing I want is for him to remain silent. #Boston

It is vital he be questioned for intelligence gathering purposes about possible future plots. #Boston

We should be focused on preventing possible attacks over the coming hours and days. #Boston

The least of my worries is a criminal trial which will likely be held years from now. #Boston

The Law of War allows us to hold individual in this scenario as potential enemy combatant w/o Miranda warnings or appointment of counsel.

The goal is to gather intelligence and protect our nation which is under threat from radical Islam. #Boston

I hope the Obama Administration will seriously consider this option. #Boston

Just put out this statement with @SenJohnMcCain about #Boston suspect and #Miranda warning. http://www.facebook.com/USSenatorLindseyGraham …

It is clear events we have seen over the past few days in Boston were an attempt to kill American citizens & terrorize a major American city

The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise….

Under the Law of War we can hold #Boston suspect as a potential enemy combatant not entitled to Miranda warnings or appointment of counsel.

Just released this statement with @KellyAyotte @SenJohnMcCain and @RepPeteKing about Boston / enemy combatant.. https://www.facebook.com/USSenatorLindseyGraham

American citizens who take up arms against our nation or collaborate with our enemies HAVE been held as enemy combatants.

The questioning of an enemy combatant for national security purposes has no limit on time or scope.

In a case like #Boston, it could take weeks to prepare the questions needed to be asked & months before intelligence gathering is completed.

An enemy combatant is entitled to a habeas hearing before a federal judge with appointment of a counsel. Usually, w/in 30 days of capture.

As to any future trial, if this suspect is an American citizen, he is NOT subject to military commission trial. #Boston

Under the Law of War, suspect must be humanely treated, consistent w/ the Detainee Treatment Act, domestic law, and the Geneva Conventions.

A decision to NOT read Miranda rights to the suspect was sound and in our national security interests.

I could care less about the trial – a first year law student could do this trial – I want to gather intelligence. http://www.mediaite.com/tv/lindsey-graham-on-bombing-suspect-take-up-arms-against-america-and-you-can-be-killed-or-captured/ …

Graham spoke with @foxandfriends earlier this morning about enemy combatant status for Boston suspect.
http://www.iqmediacorp.com/ClipPlayer/default.aspx?ClipID=2cc05f9e-32ee-4024-b64c-c9941c890f05&PN=bt9sZFac%2bKA%3d …

The reason you see some repetition in those Tweets is that Graham was responding to comments by others, and reiterating points.

As it happened, so far Graham’s wishes have been followed — the prisoner has not been Mirandized, and apparently has been interrogated to the extent that his wounds (he was shot in the throat) will allow. It is not necessary to consider him an “enemy combatant” to withhold the Miranda warnings, under the public safety exemption — in other words, to gather the intelligence that Sen. Graham values.

As to his being considered an “enemy combatant” — well that’s a war of words that Republicans have been carrying on with Democrats for 12 years now. Republicans prefer the rules of war; Democrats prefer to treat terrorism as a cops-and-robbers thing.

This case seems to be to dwell in sort of a twilight area — and arguments to treat it as war and as crime both seem to have some legitimacy.

Tsarnaev — the one who still lives — is a citizen. And not a citizen off in Yemen somewhere working with al Qaeda, whom President Obama might kill with a drone (just to help us remember that Democrats, too, have gone far beyond the bounds of due process in pursuing what can only be called a war — else there’s no justification for such actions). He’s a citizen who went bad like the Columbine killers.

His brother’s recent fascination with radical Islamism does suggest something that fits within the “War on Terror,” but I think we need to see more evidence that these attacks were somehow coordinated with a hostile foreign organization before we consider this something other than a mass murder. Perhaps such evidence will emerge.

When he is criminally prosecuted on state and federal charges, I wonder if there will be a charge — along with multiple counts of murder and many more of attempted murder — having to do with bringing Boston to a halt? I wonder what that cost, in terms of lost economic activity. This is on my mind after reading about the guy who we are told ran off naked on acid, and all the resources devoted to trying to find him. How much more did the Tsarnaev brothers cost the city, state and federal governments, plus untold thousands of businesses?

But I digress. By the way, while I was traveling over the weekend — driving to Memphis and back for a wedding — Bryan Caskey already did a post on this subject, which you might want to check out.

1 bombing suspect dead, the other at large after shootout

This just gets wilder:

BOSTON — The two suspects in the Boston Marathon bombings led police on a wild and deadly chase through the suburbs here early Friday morning that ended in the death of one of the suspects as well as a campus police officer; the other suspect remained at large while hundreds of police officers conduct a manhunt through Watertown, about five miles west of downtown Boston.

The one police identify as Dzhokhar A. Tsarnaev, at large.

The one police identify as Dzhokhar A. Tsarnaev, at large.

 The surviving suspect was identified as Dzhokhar A. Tsarnaev, 19, of Cambridge, Mass., a law enforcement official said. Investigators believe that that both of the suspects were Chechens, a law enforcement official said….

 The pursuit began after 10 p.m. Thursday when two men robbed a 7/11 near Central Square in Cambridge. A security camera caught a man identified as one of the suspects, wearing a gray hoodie.

About 10:30, police received reports that a campus security officer at M.I.T. was shot while he sat in his police cruiser. He was found with multiple gunshot wounds, according to a statement issued by Middlesex Acting District Attorney Michael Pelgro, Cambridge Police Commissioner Robert Haas, and MIT Police Chief John DiFava. The officer was taken to Massachusetts General Hospital, where he was pronounced dead.

A short time later, police received reports of an armed carjacking of a Mercedes SUV by two males in the area of Third Street in Cambridge, the statement said. “The victim was carjacked at gunpoint by two males and was kept in the car with the suspects for approximately a half hour,” the statement said. He was later released, uninjured, at a gas station on Memorial Drive in Cambridge.     …

One report I saw they just killed the MIT officer execution-style, no chance.

What sequence of events has loosed mad, bloodthirsty Chechen brothers onto the streets of Boston?

I’m going to be traveling today but will try to check in. Y’all have at it…

Boston bombings: Why did authorities telegraph the arrest? (Uh… what arrest?)

While I was at home having a late lunch, the following bulletins came on my phone in rapid succession:

  • AP Mobile: Breaking (1:41PM EDT): Law enforcement official: Arrest imminent in marathon bombing, suspect to be brought to court.
  • WSJ: Suspect in Boston bombings about to be arrested, according to AP. WSJ can’t independently confirm.
  • NYTimes: Investigators Say They Have Video of Man Believed to Have Planted Bombs in Boston
  • AP Mobile: Breaking (2:02PM EDT): Law enforcement official: Boston Marathon bomb suspect in custody, expected in federal court.

And then just now, as I was typing this, the following:

  • AP Mobile: Breaking (2:47PM EDT): Federal officials deny that Boston Marathon bombing suspect is in custody.

OK, first, why on Earth would any law enforcement official say someone was about to be arrested when the suspect was not yet in custody? Do they suppose mad bombers don’t have smartphones? I mean, a guy doesn’t even need a police scanner these days to keep tabs on the cops at this rate.

And then, on that last bulletin — What the…? Does anyone, in the media or the law enforcement establishment, know what’s going on?

 

Report: Now, ricin-laced letter has been mailed to Obama

First, there was the report last night that mail containing ricin had been intercepted on its way to Mississippi Republican Sen. Roger Wicker.

Now, there’s this:

 WASHINGTON – A letter addressed to President Obama, containing a suspicious substance, was intercepted at a screening facility outside the White House, the Secret Service said on Wednesday.

The letter was received on Tuesday – similar timing to the letter addressed to Senator Roger Wicker, Republican of Mississippi, which tested positive for ricin. The letter had similar markings and is similar in appearance to the one addressed to Mr. Wicker, according to a law enforcement official.

The Secret Service did not disclose what was in the letter or provide any details, saying it was intercepted in a facility that “routinely identifies letters or parcels that require secondary screening or scientific testing before delivery.”

The mailing facility is not close to the White House grounds, the Secret Service said. An official said the Secret Service is working with the United States Capitol Police and the Federal Bureau of Investigation.

This is more than weird. After 9/11, we had the anthrax mailings. Now this, after Boston. Is there something about overt terrorist acts on U.S. soil that stimulates a certain kind of deviant to put poison in the mail?

Ricin, you say? Does anyone know the whereabouts of this man?

Ricin, you say? Does anyone know the whereabouts of this man?

This really brings back the memories. Since some media types were among the targets last time around, we went the extra mile at The State to make sure ensure the safety of employees. Some regular travelers like Doug experienced inconvenience at airports. For me, the biggest direct impact of extreme security measures was dealing with the mail in the fall of 2001.

It was decided to move mail sorting out of the main building, into a smaller structure located on the grounds of The State. And senior staff members — the executives in charge of news, editorial, advertising, circulation, etc. — worked shifts supervising the process. So it was that I found myself going over to the other building for an hour or two, a couple of times a week, to personally supervise the shuffling of mail. There was no practical point to senior staff doing this, beyond the point of showing that we would share any one-in-a-million danger involved in the process.

It was as boring as it sounds, and every moment was imbued with a sense of absurdity. But such was the atmosphere in the country at the time.

The interesting thing about these latest developments, for me, was that I learned that Congress and the White House were still processing mail at remote locations. Well, it makes a lot more sense for them to be doing it than for a private business. But I didn’t know it until now.

India: A place where there’s a REAL ‘War on Women’

In my headline, I repeat something I said in the Thursday Virtual Front Page.

Here’s what I mean by that…

Wednesday morning, Drudge put out three Tweets in a row, all within a minute, as follows:

  1. Teen hangs self after school rape… drudge.tw/14bNnWr
  2. Tourist in India jumps from hotel balcony to escape sex assault… drudge.tw/14bNnWo
  3. Woman filing for divorce gang-raped inside lawyer’s chamber… drudge.tw/14bNnG7

Yeah, I know there are a lot of people over there, but to have three stories like that coming out at once? Here’s part of the BBC story on the second item, which happened in Agra, home of the Taj Mahal:

The Foreign Office recently updated its advice for women visiting India, saying they should use caution and avoid travelling alone on public transport, or in taxis or auto-rickshaws, especially at night.

It added that reported cases of sexual assault against women and young girls were increasing and recent sexual attacks against female visitors in tourist areas and cities showed that foreign women were also at risk.

Police arrested six people following an alleged gang rape of a Swiss tourist in Madhya Pradesh state last week.

So apparently things have gotten worse there since the horrific beating-rape that so infamously led to a young woman’s death a couple of months ago.

No nation is immune to this sort of thing, unless there’s one where men and women never come into contact. There’s evil everywhere. But I wonder why things are, according to accounts, getting worse in India?

John Yoo on the Obama administration’s drone memo

MQ-9_Reaper_-_090609-F-0000M-777

When I first read of the Obama administration’s drone memo earlier in the week, I idly wondered what John Yoo would think of them.

You remember him. He’s the lawyer who wrote the “Torture Memos” for the Bush administration.

Well, now I don’t have to wonder, because he wrote what he thinks of the latest development in The Wall Street Journal today.

The general thrust of his piece is that the great flaw in the current administration’s justification for its drone program is that it’s based not in the assumption that we are at war with al Qaeda, but on the assumption of so many on the antiwar left that terrorism should be treated as a crime. As he puts it, “the Obama administration is trying to dilute the normal practice of war with law-enforcement methods.” Which means you have to go through extra gyrations of rationalization to order a drone strike.

I’ll let others argue over that. What intrigued me was the ethical question Yoo raised at the very end of his piece:

Rather than capture terrorists—which produces the most valuable intelligence on al Qaeda—Mr. Obama has relied almost exclusively on drone attacks, and he has thereby been able to dodge difficult questions over detention. But those deaths from the sky violate personal liberty far more than the waterboarding of three al Qaeda leaders ever did.

That’s something else I’ve been thinking about: Which is worse, taking someone captive and mistreating him, or killing him?

There’s the related question: Is the killing of our enemies with essentially a deus ex machina from the sky, with no risk to Americans, rather than facing them in battle, the morally preferable course? OK, most Americans would probably say “yes,” to that one, but let’s address the first question: Is killing preferable, morally and ethically, to capturing and torturing?

And no, those aren’t the only two options we have. But that’s the question Yoo posed, and I find it an interesting one.

Not a good day for SC public officials (or ex-officials)

Today we saw a string of news developments of the sort that cause a lot of people to believe erroneously that all, or most, public officials are shady.

It was quite a run:

  1. The internal affairs chief of the state Department of Public Safety, Bobby Collins, was fired, three weeks after being stopped on suspicion of drunk driving three weeks ago. Note that his job was to be the cop who watched the cops.
  2. Elgin Town Councilman Norman Allen “Bubba” Ernst was charged with vandalizing a gun range. I don’t even know how a person would go about doing that, and the story doesn’t say.
  3. Ex-Rep. Thad Viers was charged with burglary. Which, to my memory, is a first for a state legislator, even a former one. But I stand ready to be corrected.

Sheesh.

 

Graham plants himself squarely in pro-gun territory

Lindsey Graham, widely expected to face a challenge next year from right out of the 1830s, has responded to President Obama’s gun proposals today with words that place him safely in NRA territory:

Graham Expresses Opposition to President Obama’s Gun Control Proposal

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today made this statement in opposition to President Obama’s gun control proposal.

“The recent tragedy at Sandy Hook Elementary School is heartbreaking and beyond words.  However, the gun control plans brought forward by President Obama fail to address the real issues and I’m confident there will be bipartisan opposition to his proposal.

Graham-080106-18270- 0005

“One bullet in the hands of a homicidal maniac is one too many.  But in the case of a young mother defending her children against a home invader — a real-life event which recently occurred near Atlanta — six bullets may not be enough.  Criminals aren’t going to follow legislation limiting magazine capacity.  However, a limit could put law-abiding citizens at a distinct disadvantage when confronting a criminal.

“As for reinstating the assault weapons ban, it has already been tried and failed.

“Finally, when it comes to protecting our schools, I believe the best way to confront a homicidal maniac who enters a school is for them to be met by armed resistance from a trained professional.”

#####

But take heart, gun control advocates: At least he doesn’t want to arm teachers, right? Not unless that’s what he means by “trained professional.” I initially took it to mean “cop,” but can we be sure?

What should happen to teachers who have sex with students?

Screen Shot 2013-01-11 at 8.29.24 AM

Boyd Brown picked at my friends at The State the other day over the above headline, which inevitably makes one think, “And in related news, Squad Helps Dog Bite Victim“… In The State‘s defense, they caught it and fixed it — I can’t find it anywhere online now. (That’s the awful thing about the 24-hour news cycle. Used to be, you had a chance to catch these things before anyone saw them. Now, even when you catch it, it’s already out there and somebody has preserved it.)

Of course, this is no laughing matter, however much our inner 8th-grader may snicker. There are serious issues at stake. I was intrigued by this angle, raised in a long letter to the editor yesterday:

Don’t prosecute Dreher teacher for having sex with students

The two young men whom a Dreher teacher allegedly or admittedly engaged in sexual intercourse were above the age of consent. There are no allegations of coercion, intimidation, payments or rewards offered or given in return for sex.

Had the teacher been a neighbor or a family friend, a Mrs. Robinson if you will, there would be no crime.

I believe it is unconstitutional to have one law for teachers and another one for everyone else. An act should either be a crime if anyone does it or it should not be a crime…

Of course the teacher should be decertified, fired and counseled. But she never should have been arrested, she should not face prosecution, and she should fight for the right of teachers to not be made criminals for what other women can do without a threat of prosecution…

What do y’all think? Should this be a criminal matter, or merely an administrative one for the district’s H.R. folks to handle?

Personally, I’m not a bit bothered, at least in theory, by the existence of a “double standard” whereby teachers are treated differently from other folks. They hold a special public trust, and should be accordingly accountable to the public.

I just don’t have a strong opinion one way or the other as to whether that accountability should extend to criminal prosecution. Perhaps some of y’all can clarify my thinking on that…

Biden says Obama will issue executive order on guns

Wow. I don’t know whether Joe Biden is being — excuse the seeming pun — a loose cannon again, or whether the president is really considering this (or both), but I pass it on:

(Reuters) – Vice President Joe Biden said on Wednesday the White House is determined to act quickly to curb gun violence and will explore all avenues – including executive orders that would not require approval by Congress – to try to prevent incidents like last month’s massacre at a Connecticut school.

Kicking off a series of meetings on gun violence, Biden said the administration would work with gun-control advocates and gun-rights supporters to build a consensus on restrictions. But he made clear thatPresident Barack Obama is prepared to act on his own if necessary.

“We are not going to get caught up in the notion that unless we can do everything, we’re going to do nothing. It’s critically important that we act,” said Biden, who will meet on Thursday with pro-gun groups including the National Rifle Association, which claims 4 million members and is the gun lobby’s most powerful organization…

“There are executive orders, executive action that can be taken. We haven’t decided what that is yet,” Biden said, adding that Obama is conferring with Attorney General Eric Holder on potential action…

It this is true, this would be a stunningly bold move by the president on an issue of great concern to the nation that our Congress has demonstrated for decades that it is unwilling or unable to address.

But, wow: The reaction he would likely engender from the really serious pro-gun people out there hardly bears thinking about. On the one hand, this shouldn’t be a shock to them, since they (and only they) have believed all along that “That Obama’s gonna come after our guns” — even though, before Newtown and his pledge to do something in response to it, the president has shown little or no interest in their guns. Which is why they went on a gun-and-ammo shopping spree after he was elected.

But that doesn’t mean their reaction won’t be visceral to any unilateral action by the president, however limited. It would be, to them, the realization of their darkest forebodings.

So is the president really willing to go down that road? Maybe. And maybe Joe doesn’t know what he’s talking about…

Wait a second. That was the Reuters story. In The Washington Post, Biden sounds a lot more definite about this:

Vice President Biden vowed Wednesday that President Obama will use executive action where he can to help stop gun violence as part of  the White House’s response to the mass shootings in Newtown, Conn.

“The president is going to act,” Biden said during brief remarks to reporters before meeting with victims of gun violence and firearm safety groups…

Questionable claims for the AR-15

AR15_A3_Tactical_Carbine_pic1

Just read an interesting piece over at Slate, by a guy who calls himself “a Second Amendment supporter” (although, living in NYC, he doesn’t own a gun — but I guess that’s as close to pro-gun as Slate gets), discussing the claims that the AR-15 is a great weapon for hunting and home defense.

Which seems doubtful to me on both counts. This writer, Justin Peters, cites most of the reasons I already thought that. If I were into hunting, I’d use a rifle (or for birds, a shotgun), rather than a weapon that, as Sean Connery’s Raizuli would say, “fires promiscuously.” A matter of sportsmanship. For home defense, a pistol seems far more practical than a long gun, even a carbine.

But then I’m not trying to sell “modern sporting rifle” to the public.

Here’s the core of the article’s argument:

But the AR-15 is not ideal for the hunting and home-defense uses that the NRA’s Keene cited today. Though it can be used for hunting, the AR-15 isn’t really a hunting rifle. Its standard .223 caliber ammunition doesn’t offer much stopping power for anything other than small game. Hunters themselves find the rifle controversial, with some arguing AR-15-style rifles empower sloppy, “spray and pray” hunters to waste ammunition. (The official Bushmaster XM15 manual lists the maximum effective rate of fire at 45 rounds per minute.) As one hunter put it in the comments section of an article on americanhunter.org, “I served in the military and the M16A2/M4 was the weapon I used for 20 years. It is first and foremost designed as an assault weapon platform, no matter what the spin. A hunter does not need a semi-automatic rifle to hunt, if he does he sucks, and should go play video games. I see more men running around the bush all cammo’d up with assault vests and face paint with tricked out AR’s. These are not hunters but wannabe weekend warriors.”

In terms of repelling a home invasion—which is what most people mean when they talk about home defense—an AR-15-style rifle is probably less useful than a handgun. The AR-15 is a long gun, and can be tough to maneuver in tight quarters. When you shoot it, it’ll overpenetrate—sending bullets through the walls of your house and possibly into the walls of your neighbor’s house—unless you purchase the sort of ammunition that fragments on impact. (This is true for other guns, as well, but, again, the thing with the AR-15 is that it lets you fire more rounds faster.)

AR-15-style rifles are very useful, however, if what you’re trying to do is sell guns. In a recent Forbes article, Abram Brown reported that “gun ownership is at a near 20-year high, generating $4 billion in commercial gun and ammunition sales.” But that money’s not coming from selling shotguns and bolt-action rifles to pheasant hunters. In its 2011 annual report, Smith & Wesson Holding Corporation announced that bolt-action hunting rifles accounted for 6.6 percent of its net sales in 2011 (down from 2010 and 2009), while modern sporting rifles (like AR-15-style weapons) accounted for 18.2 percent of its net sales. The Freedom Group’s 2011 annual report noted that the commercial modern sporting rifle market grew at a 27 percent compound annual rate from 2007 to 2011, whereas the entire domestic long gun market only grew at a 3 percent rate…

Just before that excerpt, Peters cited what I suspect is the biggest appeal of the AR-15: “because carrying it around makes you look like a badass.”

Indeed.

‘Demand a Plan’ actors part of problem?

My favorite celebrity Twitter follower, Adam Baldwin, brings my attention to the above video, which is an answer to the below video, in which various Hollywood types demand a plan for ending gun violence.

Ouch. As a demonstration of just how pervasive gun violence is in our popular culture, the answering video packs a lot of punch…

The Jeffersonian notion of ‘militia’ didn’t work all that well out in the real world

General Brock was mortally wounded, but his redcoats won the Battle of Queenston Heights.

General Brock was mortally wounded, but his redcoats won the Battle of Queenston Heights.

On a previous thread about the Second Amendment, I promised to comment further on the notion that the Framers had of a militia made up of a well-armed citizenry.

I got to thinking about it because of this column in The Wall Street Journal on Friday. It’s purpose was to argue, on that conflict’s bicentennial, that the War of 1812 was more important than many people believe. It did so ably enough. An excerpt:

First, the war validated American independence. The new republic had been buffeted between the two great powers of the age. Great Britain had accepted the fact of American independence only grudgingly…

Thus historians have sometimes called the War of 1812 the second war of American independence.

Second, it called into question the utopian approach to international relations. As president, Thomas Jefferson had rejected Federalist Party calls for a robust military establishment. He argued that the U.S. could achieve its goals by strictly peaceful means, and that if those failed, he could force the European powers to respect American rights by withholding U.S. trade.

Jefferson’s second term demonstrated the serious shortcomings of his thinking… As a result of the War of 1812, American statesmen realized that to survive in a hostile world, the U.S. would have to adopt measures, including the use of military power and traditional diplomacy, that doctrinaire republicanism abhorred.

Third, the conduct of the war exploded the republican myth of the civilian militia’s superiority to a professional military. Thus, during the three decades after the War of 1812, the Army would adopt generally recognized standards of training, discipline and doctrine. It would create branch schools, e.g., schools of infantry, cavalry and artillery.

It’s that third item that I call y’all’s attention to in particular.

The Jeffersonians, among whom we for most purposes can count leading Framer James Madison, had an image in their minds of what government in general should be, which in a word one would say minimal. It was close to the ideal that libertarians still embrace today. We were to be a nation of independent yeoman farmers, each of whom looked after himself, and should the need for national defense arise, these doughty free men would come together spontaneously to drive away the invader.

Consequently, Jefferson opposed both a standing army and a navy, for anything other than coastal defense.

It is in that context that the Second Amendment makes the most sense. If those citizens were to be any use in a militia, they needed to be armed, and to have some personal experience with firearms.

But it didn’t take long at all for history to teach us the utter inadequacy of the Jeffersonian ideal of an armed citizenry being the only defense we needed. In Jefferson’s own time as president, he discovered the need to project power far beyond our coast, against the Barbary pirates. Our young Navy and its Marine contingent came in very handy in that instance.

But it took the War of 1812, “Mr. Madison’s War,” to demonstrate how useless untrained or lightly trained militia, with an unprofessional officer corps, was against the army of a superpower.

We got spanked by the redcoats, in one land encounter after another. The Brits burned Washington. Until the Battle of New Orleans — which unbeknownst to the combatants occurred after the war was over — the irregular American troops were humiliated time and again. If not for the occasionally sea victory, in single-frigate-versus-single-frigate actions (which, until Philip Broke’s big win off Boston Harbor, totally demoralized the Royal Navy, accustomed as it was to dominating the French), there would have been little to give heart to Americans during most of the course of the war.

Being reminded of all this led me to an interesting train of thought, as follows: The constitutional justification for universal gun ownership, a well-regulated militia, was shown within a generation to be a deeply flawed model of national defense.

From then on, American history saw a fairly steady march toward maintaining professional military forces, led by a professional officers. The notion of the citizen-soldier is far from dead, but it’s highly amended. We created a mighty force out of the civilian population in World War II, but they were trained up to effectiveness by a core of experienced professionals. And today’s National Guard contains some of the most thoroughly trained individuals in our overall defense establishment. Technology has made warfighting such a specialized enterprise that no one expects anyone to be an effective soldier just because he owned a rifle growing up.

Oh, one footnote, from that same column. I thought the South Carolina angle intriguing:

Many of these military reforms were the work of John C. Calhoun, who proved to be one of the most innovative and effective secretaries of war (which was the title of the cabinet officer before 1947, when it was changed to secretary of defense).

Early in the war, our only victories were at sea. Here, USS Constitution defeats HMS Guerriere.

Early in the war, our only victories were at sea. Here, USS Constitution defeats HMS Guerriere.

Surprise! The NRA concedes nothing

Stag2wi_

Earlier in the week, we saw this release from the NRA:

National Rifle Association of America is made up of four million moms and dads, sons and daughters—and we were shocked, saddened and heartbroken by the news of the horrific and senseless murders in Newtown. Out of respect for the families, and as a matter of common decency, we have given time for mourning, prayer and a full investigation of the facts before commenting. The NRA is prepared to offer meaningful contributions to help make sure this never happens again. The NRA is planning to hold a major news conference in the Washington, DC area on Friday, December 21.

… which kind of made it sound like the gun lobby, sensing a change in mood in the country, even among some traditional allies, was willing to concede something, give some ground, agree to something it would never have agreed to before. I mean, that’s what “The NRA is prepared to offer meaningful contributions” sounds like to most people.

Fat chance.

Here’s what they came up with today:

WASHINGTON—The nation’s most powerful gun-rights lobby called Friday for armed security guards in schools, saying that children had been left vulnerable in their classrooms.

Wayne LaPierre, executive vice president of the National Rifle Association, said that “the monsters and the predators of the world” have exploited the fact that schools are gun-free zones. Other important institutions—from banks to airports to sports stadiums—are protected with armed security, he said, but this country has left students defenseless.

So basically, their response to the nation’s concern over all those guns out there is… more guns. That, and gun-lover buzz phrases: “The only thing that stops a bad guy with a gun is a good guy with a gun.” It would never occur to the NRA that maybe, just maybe, an even better solution would be to keep the bad guy from getting a gun to begin with. There’s a whole lot less crossfire that way, for one thing.

Mind you, I’m not entirely against the idea of armed officers in schools. Mainly because, as I’ve said before, I think the likelihood of gun control measures that would really, truly keep guns out of the hands of bad guys is next to nil. It’s an economic problem. There are just too many guns out there chasing too many tragedies. Think chaos theory gone mad.

But I also think that’s not going to happen. For every extreme gun nut out there — the kind who sits up late oiling and stroking his weapons and whispering pet names to them, and thinks government exists to threaten his “freedoms” — there’s a corresponding gunophobe who goes weak in the knees at the very sight of anything that looks like a firearm, who gets chills down the spine at the idea of being within range of one, even in the hands of cops. And a lot of those folks in the latter groups have little kids in school, and would have an absolute stroke at the idea of any sort of firearms in the vicinity of their children. (And this week, it’s a little hard to argue with their emotional response.)

Beyond that, though, my real objection is this: The NRA’s utter unwillingness to say, “Here’s something we’re willing to give up.” This was a moment for doing that. Something, anything, however marginal or minimal in impact, that said “fewer guns” rather than “more guns.”

But the folks at the gun lobby seem to be genetically incapable of that. Or something.