zenpundit.com » justice

Archive for the ‘justice’ Category

A call for wisdom, White House edition

Saturday, November 25th, 2017

[ by Charless Cameron — frankly, waiting for a return to wisdom, or at least something closer to it ]
.

In the White House there’s an inscription over the mantel of the State Dining Room which reads:

I Pray Heaven To Bestow The Best Of Blessings On This House And All that shall hereafter Inhabit it. May none but Honest and Wise Men ever rule under This Roof.

That’s from our first president, John Adams, in his letter to his wife, Abigail, but it resonates down to our day.

How do we recognize wisdom?

I don’t believe we can legislate that only the honest and wise can attain the presidency, though we might do well to have Robert Bolt‘s Thomas More in A Man for all Seasons at the head of the Justice department — Thomas More, the Lord Chancellor of England who famously said, answering Roper who said he’d cut down all the laws to offer the Devil no protection:

Oh? And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat? This country’s planted thick with laws from coast to coast — man’s laws, not God’s — and if you cut them down — and you’re just the man to do it — d’you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake.

**

Thomas More was, no doubt a man with his own flaws, and the flaws of his times. Flaws, okay.

Where is a true sense of justice? Of honor? Of integrity? Where is a man for all seasons?

Venn diagram, Trumpian firings

Wednesday, May 10th, 2017

[ by Charles Cameron — Sally Yates, Preet Bharara, James Comey ]
.

I like it when other people do my work for me.

This diagram is a splendid double (ppl imvestigating Trump; ppl Trump has fired) and triple (Sally Yates; Preet Bharara; James Comey) bead game, a Venn diagram with perfect and complete overlap. Bravo.

Clinton Comey?

Wednesday, July 6th, 2016

[ by Charles Cameron — with a side dish of Tzipi Livni ]
.

Ckinton Comey
photo credit: Greg Nash via The Hill

I’ll be socratic here, asking questions to illuminate my hunches.

**

I’m seldom fully convinced by anything that comes from the left and reads the way I’d expect the left to read, and seldom convinced by anything that comes from the right and reads the way I’d expect the right to read, so I don’t take the left’s assertions downplaying H Clinton’s security behavior with reflex belief, and on the whole I’m inclined to follow John Schindler, who — both as an ex-NSA analyst and as a regular at The Observer — takes a very hard line on Clinton’s security behavior, writing just a couple of weeks ago under the title, The Coming Constitutional Crisis Over Hillary Clinton’s EmailGate.

I also follow War on the Rocks, though, and was struck a while back by a post there from Mark Stout, drawing some interesting distinctions in line with its subtitle, “A former intelligence analyst who worked at both the CIA and the State Department explains how different approaches to classifying information sits at the heart of the scandal that threatens to undo Hillary Clinton.”

Which does somewhat complicate matters, while somewhat helping us understand them.

**

I’m neither an American nor a lawyer, and as someone who is generally inclined more to bridge-building than to taking sides in any case, I don’t feel qualified to debate the Comey-Clinton affair – but was interested to see emptywheel’s Marcy Wheeler, whom I take to be leftish, coming out today describing Comey’s decision as an “improper public prosecutorial opinion”. She writes:

Understand, though: with Sterling and Drake, DOJ decided they were disloyal to the US, and then used their alleged mishandling of classified information as proof that they were disloyal to the US ..Ultimately, it involves arbitrary decisions about who is disloyal to the US, and from that a determination that the crime of mishandling classified information occurred.

Comey, in turn, seems to have made it pretty clear that “Secretary Clinton or her colleagues“ were extremely careless in their handling of very sensitive, highly classified information” – specifically:

.. seven email chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received.  These chains involved Secretary Clinton both sending emails about those matters and receiving emails from others about the same matters.

**

Is there, in your views, special treatment in this matter for persons of high rank present here?

livni

And out of curiosity, if so, do you see a similar case of special treatment for persons of high rank over in the UK, known to be substantially less Israel-friendly than the US, where Scotland Yard wanted to question Tzipi Livni about alleged Israeli war crimes in Gaza under her watch as Foreign Minister, and “after diplomatic talks” Livni was “granted special diplomatic immunity”?

**

On the one hand, I don’t like show-trials, trials-by-press, banana courts or mob justice, and far prefer just laws justly applied – and on the other, I can understand that the scrutiny those in high office find themselves under can render them legally vulnerable in ways that may unduly influence their decision-making – and justice may be platonically blind, but is not always uniformly applied in practice. Such, it seems to me, is the human dilemma.

What say you?

Guest Post: Why the United States cannot put Boots on the Ground to Fight ISIS

Saturday, June 18th, 2016

[Mark Safranski / “zen“]

Today, I’m pleased to offer a guest post by LtCol. Bob Weimann, USMC (ret.) .  Weimann is the former Commanding Officer, Kilo Co., 3/1 and Weapons Company 3/1. He also served as a Marine Security Force Company commanding officer, an infantry battalion Operations Officer and the Executive Officer of 1/6 during Desert Storm. A frequent presenter at the Boyd & Beyond Conferences, Bob is on the Board of Directors of UAP (United American Patriots) and a contributing editor to www.defendourmarines.com . UAP is a non-profit charity that aids military service members to help defray expenses for an adequate and fair legal defense. See What UAP Believes here: http://www.unitedpatriots.org/ .

Why the United States Cannot Put Boots on the Ground to Fight ISIS

By Bob Weimann

The expression “boots on the ground” has an extended military-jargon history…The term is used to convey the belief that military success can only be achieved through the direct physical presence of troops in a conflict area … The term is particularly applied currently (2010) to counter-insurgency operations.[1]

The expression “boots on the ground” basically means we need to send in ground troops, grunts, warriors, dog-faces, jarheads, combatants…those shifty eyed fowl mouth two fisted go for broke Soldiers and Marines that close with and destroy the enemy by fire and maneuver in order to kill the enemy. These are the folks that must place the front site of their rifle on an enemy and pull the trigger. These are warriors brave enough to step through the doorway of an enemy occupied house, detect and disarmed an IED, engage a treacherous enemy that does not take prisoners and an enemy that does not hesitate to torturer and murder innocents. Our warriors are the sons, daughters, sisters, brothers, fathers, mothers, neighbors, and acquaintances from every community, town, city and state across this country and one of the greatest representative cross sections of patriotic American citizens in existence.

Our warriors are a different generation but they possess the same spirt America’s warriors have establish and exhibited since the Revolutionary War. For over 240 years these folks have never let us down and have volunteer for the nasty, dirty, immoral, brutalizing effects of combat. You can say we lost in Viet Nam, Somali, Iraq and Afghanistan but the scary truth is we lost those wars strategically after we won them tactically. The unfortunate reality is that the strategic always trumps the tactical. Tactical is all about the troops; strategy is all about the generals.

The other scary fact is that since 2003, we have seen an unprecedented number of courts martial that the media labels “war crimes” … more “war crime” legal cases since 2003 than in all the battle history of all the United States war’s combined. How can this be possible when we have fielded to today’s battles the best trained, best equipped, smartest warriors in this country’s history?

The issue is not the troops, the issue here is the senior military leadership, the general officers that have forgotten they are warriors and exhibit the traits and leadership characteristics of politicians. Today’s general officers understand careerism but do not understand the Laws of War that should be their stock and trade.  They hid behind lawyers and Rule of Law equivocations that cannot co-exist on a battlefield.

For this reason, we cannot put combat boots on the ground because the troops are being used as political cannon fodder. Over and over again we see American combatants thrown under the bus for the sake of justifying a policy objective of executing a bad military strategy.  Names like Lt Ilario Pantano, Sgt Larry Hutchins, SSgt Frank Wuterich, Sgt Michael Williams, Sgt Jose Nazario, 1Sgt John Hatley, Sgt Derrick Miller, Capt Roger Hill, Lt Michael Behenna, Major Fred Galvin, Major Matt Goldsteyn, PFC Corey Clayett, GySgt Timothy Hogan, SPC Franklin Dunn, SSgt Osee Fagan, SPC Michael Wagnon, and Lt Clint Lorance are the more notable cases. You can be certain that the list will continue to grow not only with the recent Afghanistan Kunduz Hospital Airstrike[2] but also any combat actions against the terrorist in Iraq and Syria.

Military campaigns are always based on a “kill or capture” strategy, however, our leadership does not believe in a kill strategy nor do they believe in a capture strategy. Our military leadership believes that our Soldiers and Marines are in combat to die for the “greater good”.[3] Instead of capture, we have a “catch and release” program that continually frees known enemy combatants and terrorist to again kill, not only our service members, but also civilians. “Catch and release” is nothing more than a treachery award program for the enemy. Our generals believe that our combatants have no right to self-defense on the battlefield.[4] The idea that our warriors are there to make the enemy die for their cause is a lost priority in our general officer’s politically correct minds.

We cannot put boots on the ground because our generals do not trust our Soldiers and Marines to show the initiative necessary for successful combat operations. The generals have forgotten how to fight and win. They have forgotten how to support our warriors by setting the correct strategic policies to allow them to fight. We no longer have combat commanders. The Washington DC political cronies continue to dedicate failed policies that undermine and kill our warriors in order to acquire political curry and favoritism.

War is not a moral exercise. There is no morality that can justify the slaughter of war. War is the ultimate competition that is won by killing the bad guys and bringing our warriors home alive. Collateral damage is an unescapable reality. Yes, collateral damage considerations are important but collateral damage must be weighed against military necessity. The Laws of War principle of military necessity allows for a rigorous war; a rigorous war is a short war; and a short war minimizes civilian casualties. Mixed into military necessity is the idea that field commanders have a responsibility to bring home alive as many of our warriors as possible. Sending them to Leavenworth is not part of the “bringing them home” equation.

 

[1] https://en.wikipedia.org/wiki/Boots_on_the_Ground

[2]https://en.wikipedia.org/wiki/Kunduz_hospital_airstrike

[3] http://www.wnd.com/2012/03/sacrifice-marines-for-the-greater-good/

[4] http://newsok.com/article/3690397

Recent hacks and the King James Version

Saturday, August 22nd, 2015

[ by Charles Cameron — the OMB and Ashley Madison hacks — and some verses to consider alongside them ]
.

SPEC OMB hack

Given my interest in apocalyptic, which Wikipedia describes thus

An apocalypse (Ancient Greek: apokalypsis, from apo and kalypto meaning “uncovering”), translated literally from Greek, is a disclosure of knowledge, i.e., a lifting of the veil or revelation. In religious contexts it is usually a disclosure of something hidden.

— it is only natural that the revelation of secrets should provide a sometime theologian such as myself with scriptural memories..

SPEC Ashley Madison hack

**

It has long seemed to me that “Judge not, that ye be not judged. For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again” (Matthew 7. 1-2) offers an extraordinarily non-vengeful, non-violent option within the tit-for-tat, eye-for-an-eye scriptural formulation of justice.


Switch to our mobile site