Why James Clapper Matters - Too Much

Had composed fully a eulogy to NJ Senator Lautenberg, who was the last WWII veteran serving in the US Senate.  (As my Blog drafting is by pen and paper, the inability to just publish this heartfelt farewell is self-explanatory.)

The events of this past week justify the by-passing of the departed Jerseyan (who most probably was very eloquently eulogized in NYC services - hey, Weehawken just isn't the City that never sleeps.)  Oops, I remember now, Hillary Clinton was the primary orator for Mr. Lautneberg.


Many elite members probably believe that this Blog Post has written itself.  Not so. As you know, the pre-eminent responsibility of the National Government is the national defense.  Therefore, I will withhold judgment on the legality and usefulness of the NSA Prism program in prosecuting the apparently not so ended War on Terror until its parameters are more fully understood.  Of course, I would much prefer hearing that all the electronic and phone surveillance by the NSA is being conducted against our potential adversaries and host nations for terrorists, say Russia, China, Pakistan, Egypt, Saudi Arabia and France.  Quite possibly they are doing such spying internationally, so this massive domestic snooping is just side hustle for slow weekend duty.


Back to the point here; the Federal Government has the same pre-eminent responsibility to conduct the nation's defense pursuant to the RULE OF LAW, so that security is not pursued at the detriment of either our sacred ideals and/or Constitutional values.  Among those values is that sworn testimony to the United States Congress must be truthful.  It seems that the Director of National Intelligence, James Clapper, sees himself fully exempt from this mandated standard of lawful conduct applicable to every American witness before the Congress.


In an effort to comprehend this absolute arrogance, this absolute disdain for the Congress and this absolute stupidity, it occurred to me that possibly Clapper had been informed by A.G. Holder that lying to Congress poses no risk of DOJ prosecution, so long as you are a cabinet level federal official.


Anyone who believes that a Government - which will strip our diplomats of all security in Benghazi, and then lie about it, will give thousands of assault weapons to Mexican Drug Cartels, and then lie about it, will target and harass Tea Party groups, and then lie about it - will not abuse our lawful citizens privacy after it collects billions of private, personal information, needs a mental competency examination.


So, of course, National Intelligence Director Clapper lied, indeed bald face lied, to the elected representatives of we the 310 million Americans with no fear of any accountability for that felony.  Anyone taking bets on who gets prosecuted first - Clapper or leaker, Snowden?     

Why James Rosen Matters Now

Memorial Day is here, as this is written - watched the National Symphony with hosts Gary Sinise, Ed Harris and Joe Mantegna honor our fallen heroes - am not afraid to say I shed a few tears, as their stories of our Nation's warrior elite often ended in tragedy.  Most striking, the Police Action, non-war in Korea cost America 36,000 confirmed fatal casualties.

I am also now reminded that the freedoms our service men and woemen willingly died for are secure only so long as we, the living beneficiaries of their sacrifice, fight for them daily.  Our federal government, be it a Republican or Democrat Administration grows more powerful each day as well. A Commander-in-Chief, who has the Absolute Power to kill anyone in the entire world by merely telling a subordinate to "make it so", and in minutes 10,000 miles away a NCO operating a Joy Stick in front of a computer screen does exactly that - no fuss, no muss - is no longer a science fiction drama.

Such immense power, may or may not corrupt absolutely (it does), but it most certainly requires the checks and balances of our Constitution, starting with the free press - unafraid to hold the Executive accountable for it abuses.  Accordingly, the recent DOJ declaration that Fox New's James Rosen is a criminal conspirator having joined a spy operation is anathema to the proper role of our free press.

Indeed, were President Obama to have a son, he would be just like James - hard working, industrious, smart and honest to a fault.  Absolutely no one in the entire world believes that James Rosen is criminal; well. with the one possible exception of Inspector Cleauseau Holder who signed off on the affidavit asserting James' criminality; but that was before he testified under oath before Congress and completely forgot that he had endorsed this declaration.

Such a memory lapse by Holder is quite explainable, like pulling on a Drone Hell Fire missle joy stick, do it enough times and its just another day at the office.

Memorial Day 2013

Well, here it is, the Unofficial start of Summer - with snow falling in the higher elevations of the northeast, Al Gore be mystified, and cold.  Nonetheless, irrespective of the inhospitable weather (and remember its not like the frozen  (25 below F.) Chosen Reservoir in November 1950), we should all take time out from Mom, apple pie and baseball to recognize the sacrifices of those heroes who now rest in peace in our nation's cementaries from Sea to Shining Sea. 

So many young lives given freely to defend our most cherished freedoms - free speech, freedom of the press, free exercise of religion, freedom to bear arms and the freedom to assemble and petition the government fro redress of grievances.

Indeed, the Bill of Rights is a collection of immortal ideas that are worth dying for.  Still, war is the most inhuman, most repulsive, most detestable activity ever conceived by mankind.  President Obama, therefore, is to be given credit for his steadfast commitment to ending our "forever" wars in Afghanistan and Iraq, while staying out of Libya and Syria.  Staying away from (or removing) American boots on the ground in these internecine conflicts is definitely credit worthy.

What is not good policy, in my judgment, is for the President to speak before the National Defense College to announce that the Global War on Terror has been ended by an American Executive Order.  Great, by the One's Proclamation of Peace in our Time, the terrorists - or to name our Enemy accurately, the radical Islamic Jihadists - have been ordered to stand down - very reassuring, unless you are a unarmed British soldier,walking peaceably down a London Street;

or,  marathon race spectators standing peaceably on a Boston Street;  

or, 13 unarmed American soldiers sitting at plastic tables at Fort Hood, Texas;

or, an American Ambassador and three fellow heroes working for us peaceably in Benghazi;

It is clear on this Memorial Day weekend that the War being waging against Western Civilization by the Radical Islamists will not end by the signing of a Peace Treaty on the deck of the Missouri.  It is equally clear that these Jihadists will not end their mass killings because President Obama gave a speech at a venue that our national security apparatus could not even secure against one intemperate woman.  When one Code Pink lady can confront, and for a period of time silence, the most powerful official in the world, my firm conviction is that it a mite premature to raise the "Mission Accomplished" banner just yet.

Why Sean Smith, Glen Doherty and Tyrone Woods Still Matter

Ambassador Stevens will always be the face of the Benghazi scandal, which is okay so long as we never forget the lives, and brutal deaths, of Sean, Glen and Tyrone.  Sean Smith's life story is particularly poignant.  He is the only child of Pat Smith.  Ms. Smith will obviously not be getting any flowers, calls or visits for Mother's Day, and she just wants to know why her life is now and forever bereft of a son's love.

At the Airport Hanger Memorial Service for our four dead Americans, Hilliary Clinton made only one promise to Pat Smith - that the Administration would get and punish severely the Maker of the movie trailer entitled "The Innocence of Muslims."  Having swiftly fulfilled that commitment (and finding no obstacle in the First Amendment protections afforded movies) Hilliary has "moved on" as the saying goes to her new and full life - being paid a minimum honorarium of a reported $175,000.00 per speech.

Still freely speaking to anyone who will listen, knowing that her life will not move on until she obtains an answer to why her son died alone and unprotected, Pat Smith knows that she - and the American people - deserve far better than Hilliary's incredibly arrogant dismissal of how Sean's life ended: "What difference does it make now?"

Indeed, finding and bringing to Justice the Benghazi terrorists would honor Sean, Tyrone, Steve and Glen in the most meaningful fashion.  Obama's failure to do so constitutes the most egregious and unforgivable aspect of this entire debacle.  It is also totally inexplicable.  We all know that the President is rightly known as "The King of Drones".  His kill total is most probably approaching one thousand dead - both guilty and innocent combined until God sorts them out for final disposition.

So, I'm with Pat Smith.  Pat and America deserve to know why Sean was murdered by terrorists who today are alive and free to call their own Mothers with well wishes until leaving on their next mission - for sure not involving the making of any movie trailers.  

Why Christopher Stevens Still Matters

Today, Ambassador Christopher Stevens has no job. His unemployment stems exclusively from one singular circumstance - he is still dead.

Very much alive and very much still employed is Ms. Charlene Lamb, the State Department's Top Security Official responsible for stripping our Libya Embassy of all military security personnel shortly before the gruesome, murderous attacks on 9/11 last year.  In an environment of complete anarchy, in which rival militias were waring daily for control of Benghazzi (these thousands of militants and terrorists were armed to the teeth with Colonel Khadaffi's looted arsenal - larger than many European NATO countries in size and sophistication), Ms. Lamb testified to Congress that a security detail of twelve non-military individuals was adequate protection for our Libyan Diplomats. That four of these brave Americans were slaughtered did not alter Ms. Lamb's absurd conviction.

Now, there is no need to ponder why a certifiably insane person remains employed by the United States Department of State.  Another well qualified Department rep., spokesperson, Victoria Nuland, has informed us that pursuant to controlling federal law, incompetence is not deemed to constitute a breach of one's job duty - REALLY, I am not making this up! 

Few commentors have discussed Ms. Nuland's unequivocal statement that a federal government employee can abuse the public trust so egregiously that four coworkers die and suffer no career limiting consequences, let alone job dismissal.  I guess that it is taken for granted that there is no accountability for poor (to deadly awful) job performance in the federal government.  Except for those brave souls who venture into "Indian Country" where personal accountability includes termination with extreme prejudice when your cohorts safe and warm back at Headquarters deem you to be expendable.  Rest in Peace Chris, you and your brave colleagues will not be forgotten. 

 

When is an Enemy Combatant not an Enemy combatant?

With the awful horrors of the Boston Marathon attack so fresh and vivid in our minds, it compels us all as citizens to confront an Evil - so vile that our first impulse is to shrink away from this urgent task and just hug our families even tighter - immediately so that the existential threat to our civilization can be reduced.  Simply stated, our open society still is vulnerable, twelve years after Nine Eleven Two Thousand and One, and after the Federal Government has spent hundreds of billions of dollars on Homeland Security.  Accordingly, the urgent question remains - just how do we protect ourselves against such an asymmetrical enemy in a war without any defined battlefields, where every street corner in America is a bombing target?

The answer most assuredly is not found in the criminal law jurisprudence.  America is at war for its very survival.  Therefore, any talk by politicians about prosecuting and jailing, or even executing Mr. Tsarnaev, upon his conviction is suicidal nonsense.  We don't need to punish him for his murders - YET.  We need to interrogate him to ascertain everything he knows about impending future terror attacks, and the whereabouts of any other terrorists he knows.

The ongoing debate between the liberals and conservatives is being framed in absolute terms - libs: he is NOW and ALWAYS WILL BE ONLY a criminal, so RIGHT NOW, he must be treated as a defendant with all the attendant due process rights that apply in federal civil court criminal proceedings.  Conservatives:  he is a terrorist and must be kept in military custody forever, or until the war ends with the signing of a peace treaty.

Both positions are too simplistic and ignore the complexities of modern terrorist warfare - in all likelihood there never will be a signed, formal peace, as we are not fighting a nation-state.  Accordingly, even as an accurately identified enemy combatant, Mr. Tsarnaev, as an American citizen should not be subject to indefinite detention without a right to a trial -EVENTUALLY.

Thus, to answer my question as posed in the title of this Blog Post - an enemy combatant ceases to be such when the intel folks say so; when they have completed their non-prosecutorial interrogation, and I have no difficulty in rebuilding the wall so that all information derived from the war defense interrogation are not used as evidence in any subsequent criminal trials.  When Mr. Tsarnaev can not hurt America ever again, then it is timely to turn him over to the DOJ so that we can hurt him - as the criminal defendant he then becomes - to the full extent of the Law.  Nothing unconstitutional in seeing this evil man as having performed too different roles enemy combatant and criminal murderer.  Our civilization is surely sufficiently sophisticated to see Tsarnaev as the Man in Full that he is.   

 

Don't Ask For Whom the Drone Flies

... because the Government will not tell us.  Body counts, both as to those targeted and those innocents merely dead by kill zone proximity are top secrets for the "Most Transparent Administration" in all of recorded history, or at least the most since the invention of drones.  Nonetheless, while we, the American people, can't be told who were killed from on-high, our elected reps are finally showing interest in the Constitutional dangers posed by any American President, by himself ordering the killing of other Americans with no legal or political constraints - other than the counsel of his own Executive Branch staff.

Drone Program Mastermind, John Brennen, now stands before the United States Senate awaiting confirmation to be the next CIA Director.  Only when the Intel Committee refused to vote on this nomination did the Administration provide to these Senators a small number of the Justice Department's highly classified legal opinions authorizing Presidential signing of death warrants for American citizens, while affording them no due process rights such as notice or trial, just silent death from above.  Reportedly, Mr. Brennen has refused to answer Senator Paul's straight-forward question - "does the President believe he has the authority to kill an American citizen located in the United States, and not in a war zone?"

Declaring this absolute power to "kill at will" too awesome, even for The One, some Democrats in Congress have advanced a proposal to create a Secret Drone Court.  This group of life-tenured Federal Judges would in secret review the Executive's factual basis for declaring an American to be an Enemy Combatant, and they would all together sign, or not, the death warrant.  Completely constitutionally unacceptable - first, all war powers are given to the Executive, so the Judicial Branch has no constitutional authority to manage the targeting of enemy soldiers, operatives or spies.  Secondly, nothing could more assault the Rule of Law - the entire underpinning of the Constitution - than for the Government to operate a "Star Chamber" in which secret evidence, examined in secret results in the secret murder of an American, either on foreign soil or here at home.  It is obvious that were life-tenured Judges to be told that a death was justified to protect them, their families, their friends and their country, and yet, should that claim turn out to be false, no career adverse consequences would occur, that death warrant will surely issue, okay only every 999 citizens out of a 1000 get Star Chambered.

Instead, we citizens must demand that Congress take this power of Life and Death away from politicians -  intrinsic conflict of interest in need to deter, not combatants, but political enemies, and the Judges - having no legal authority and no means of imposing accountability.  No, only career military officers have the intrinsic expertise and authority to accurately identify enemy combatants, and they are constrained by the Uniform Code of Military Justice to get it right - if negligent or intending to get it wrong ala Lieutenant Calley at Mai Lia in South Vietnam, these military commanders will be held accountable for breaches of lawful Rules of Engagement - careers ending immediately and jail for murders are standard fare for such transgressions in military service.

With Congressional focus on this grave Constitutional challenge now building, we citizens all need to demand Drone Killing transparency and accountability - on my watch, I refuse to be a Silent Bystander, as there is no innocence in acquiesing in either the Executive running "Murder Inc." or the Judiciary doing this dirty wet work in a Secret Star Chamber.