Thursday, December 22, 2011
Ok CSS'ers, I have been pondering this for sometime now, and as I draw towards the end of my first career, I look to my second. I have been ripping our current politicians, and offering suggestions of my own on governmental issues. So, now is the time where I ask YOUR opinions and suggestions.

If you had the chance to tell your prospective Congressional Candidate what means the most to YOU, what would you say? What issues would you want them to address first? What legislation would you like to see presented on behalf of you, the voters?

Comments are on, let's hear it America.
Monday, December 19, 2011
Holder Claims Racism

Attorney General Eric Holder fires back at his critics over his handling of the now infamous Fast and Furious Scandal. Holder addresses the "extremist" critics of the Republican Party, Conservative Movements, and other "right wing" commentators and bloggers (I wonder if I'm included in this?). Holder's statement that his critics are targeting him because of his "relationship" with the President and the fact that they are both "African-American" are both appaling and show that he cannot formulate a defense for his actions without stooping to such an inflamatory accusation. I have searched through the vast repository of internet information and cannot find one statement from any source of any credibility level that states Fast and Furious was mishandled because Holder is black. Not one. So, my question to the audience is at what point in time do we stop listening to this inflammatory drivel and get him a pink slip?
Sunday, December 18, 2011
Iraq War Comes to a Close

Nearly 9 years after it began, Operation Iraqi Freedom, also known as the Second Gulf War, OIF, Operation New Dawn, and to those who survived it, a host of other appelations such as The Suck or The 'Raq. Official totals for OIF/OND stand at 4,478 KIA, 30,000+ WIA on the US side, and on the Iraqi side, an untold number of killed and wounded. Those who opposed the war cite the large numbers of civilian Iraqis killed. As a soldier, innocent civilian casualties are heartbreaking and appalling. However, one must remember that many of those "civilian" casualties were shooting at us with all the determination of a uniformed enemy. In some cases, those "civilians" were more determined to kill us than the actual Iraqi Army. But I digress...

I remember where I was when the war started and we "went over the berm". I was stationed in Vogelweh, Germany and was working the night shift at the US Forces Police Station with members of the 569th USFPS, US Airforce, and the 230th MP Company, US Army. It seemed we all stared at that TV screen searching for a familiar face. Many of us had friends who were there for the invasion, and for those of us who weren't, it was a heart-wrenching experience. We had trained out entire careers for this moment, and we were about to miss it. None of us could have imagined that the war would drag on for another 9 years. It was shortly after the ground war began that we began performing escorts from Ramstein Airbase to Landstuhl Regional Medical Center. The stream of wounded and dead that came from the the flightline brought the grim realities of war to those of us "in the rear". As the war churned on, I was approached on day by my Operations Sergeant who informed me that I was to report to Landstuhl Hospital and provide security for PFC Jessica Lynch as she was brought in from Iraq. I witnessed the throngs of reporters all trying to get a photo of that soldier lying on a gurney to send back to the States and onto the front page of newspapers across America. I saw the fear in her eyes, and the relief on her face to be surrounded by Americans doing what the could to get her healthy and back home to her family. I watched the parade of officers and VIPs stream into her room to wish her a speedy recovery and offer some words of encouragement. I walked down the hall into the ward with the other wounded soldiers and saw the horrors of war with my own eyes. I shook hands with PFC Lynch's father when he arrived to see his daughter for the first time since she left the US. I saw the apprehension carved into his face, but saw it softened by the knowledge that she had made it back alive. In 2004, I rotated back to the United States and was assigned to the 4th MP Company, 4th Infantry Division at Ft. Hood, Tx. After a series of unit "redesignations" I finally began to train for an upcoming deployment. My squad studied and practiced tactics, techniques, and procedures (TTPs) and refreshed themselves on first aid and started practicing basic commands in Arabic. On February 7th, 2005, a full month after I said my vows to my wife, I was informed that I had been "selected" to deploy with a different unit, from a different post, and that I would be leaving in less than 3 weeks. I picked one of my best soldiers to accompany me, and then faced the overwhelming task of telling my new wife and family that I would be leaving them and going off to war.

March 1st, 2005 found me at Ft. Carson, CO "on loan" to the 89th Chemcial Company, 3d Armored Cavalry Regiment. My soldier, then Specialist Kenneth Compton (known affectionately as Campy) went through a whirlwind medical screening and equipment draw. We were told we would be working in the Regimental Detention Holding Area (RDHA). Later that week, I would be breathing hot Kuwaiti air for the first time since August 20, 1998 when I returned from a 3 month rotation on the Kuwait/Iraq border. For the better part of a month, we drew more equipment, attended inumerable briefings, and prepared ourselves for the impending trip north. During a recon to the Kuwait/Iraq crossing known as Navstar, I caught a glimpse of Iraq in the fading sunlight. I have to say, I was not impressed. Finally, we were told to move into Iraq.

I volunteered to be a gunner one of the first trucks in our serial. I figured I should go ahead of Campy, "just in case". In case of what, I didn't know, but I figured it had to be horrible. CNN, Fox News, and the entire gambit of news outlets had me convinced that an IED (roadside bomb) was waiting for me every 10 ft. Mistake number one, believing the media. We prepared to depart from Navstar, Kuwait and I offered up a prayer with the others in my truck, Psalm 18:34-42. With the LT's (Lieutenant) final words ringing in my ears, "Keep your eyes open Gib", I couldn't help wonder what the hell I was supposed to be looking for in the middle of the night flying up the highway in a country that so far, was nothing but sand and trash. I would find out soon enough though.

We arrived in Baghdad at one of the numerous camps that surrounded Baghdad International Airport (BIAP). I assisted the other members of the 89th Chem Co in setting up a temporary detention facility in an abandoned building complex. I would never see it used however, as Campy and I were assigned to the Regimental HQ where we worked in the ISF Cell (Iraqi Security Forces). The ISF cell was an adhoc group consisting of 1 Captain, 1 1st Lieutenant, myself, and Campy. Our task was to track and report the status of all Iraqi Security Forces in our AO (area of operations). I was assigned the arduous task of tracking and liasing with the 2/4/6th IAD (2nd Battalion, 4th Brigade, 6th Division, Iraqi Army) stationed south of Baghdad in Mahmudiyah, right in the middle of the notorious "Triangle of Death". A short time later, the ISF Cell was broken in half when the 3d ACR moved north to a town called Tal Afar. The Captain and Campy moved north while the LT and I stayed in Baghdad. Shortly after this split, I was told to analyze and coordinate the 2/4/6 IAD into 2 seperate operations in a larger campaign known as the "Isolation of the Fiyahs" (so named after the three towns in the Triangle that ended with 'fiyah; Mahmudiyah, Lutifiyah, and Latifiyah). The operations met some success, and "my" IAD performed as good as expected. After the Isolation campaign, the LT was informed he would be leading a MiTT (Military Transistion Team) to Mahmudiyah to live with and train the 2/4/6 IAD. After scrounging a medic and three mechanics we departed the relative comfort of BIAP and headed south to FOB St. Michael, just outside of Mahmudiyah where we linked up with our host US Unit, 2/70th Armored, 1st Armored Division, known as the Aces of Death. The Aces took splendid care of us while we were with them and always accomodated our wacky schedule and odd-ball hours. During a sweep of Mahmudiyah, I saw, firsthand, how the IAD worked with minimal American involvement. It wasn't what I had hoped for. During this period, I learned a few things. One, I don't like incoming mortar fire. Two, I LOVE outgoing artillery fire. Three, the AK-47 really DOES make a distinctive sound when fired at you (Heartbreak Ridge). Four, Iraqis will shoot at anything that moves and the safest place to be when they do this is somewhere else. Five, dysentary is hilarious when your buddy has it, but is anything but when it hits you. Six, I didn't really care for Iraq.

Then came the word that we would follow the rest of the Regiment north to Tal Afar. I would arrive in time to see the full brunt of American military might come crashing down on the Al Zarqawi Network of Al Quaeda in the Tal Afar/Mosul area. But that is another story for another time......
Friday, December 16, 2011
Well, it's that time again. The Iowa Caucus will "officially" start the Presidential campaign season. We know who is running on the Democratic ticket, despite the rumors that VP Biden may be shuffled out in favor of SecState Clinton, but so far, they are just that, rumors. On the GOP side, the field has been narrowed slightly, most notably by Herman Cain's departure from the race. Now, the remaining candidates fight to claim the lead in a contentious race for the GOP nomination, and the chance at unseating President Obama.

With regards to Cain, I will state my opinion and though it may sound bigoted, it is how I see things. Herman Cain was targeted early, and more so after his poll numbers placed him on top of the GOP field, because of his color. This is not to say that he would have won on his skin color alone, but his presence in the GOP field shut down much of the leftist rhetoric regarding the Tea Party and the GOP with regards to their alleged racist views.

*Disclaimer* I will not say that racism doesn't exist within the Tea Party, the GOP, or the Democratic Party. It does; in all manners and from a variety of people. What I am saying is that the Tea Party does not run on a segregationist platform, nor to they advocate a return to the era of Jim Crow.

In an October 4, 2011 interview with New York Magazine, actor Samuel L. Jackson, when asked if he agreed with Morgan Freeman's statement that the Tea Party was racist, stated, "It’s pretty obvious what they are," Jackson told us. "The division of the country is not about the government having too much power. I think everything right now is geared toward getting that guy out of office, whatever that means," he said, echoing Freeman. "It’s not politics. It is not economics. It all boils down to pretty much to race. It is a shame." (FYI: The interview was originally about the name of Gov. Perry's family hunting camp. Link to article here: http://nymag.com/daily/intel/2011/10/samuel_l_jackson_niggerhead_tea_party.html)

If this is true, then how could Tea Partiers support Herman Cain? This question was asked numerous times by a variety of media outlets, but never addressed by the Democratic mouthpieces. The accusations against Cain (true or not) surfaced only AFTER he topped the GOP field in the polls. This could be coincidental, but coincidence rarely exists when discussing American politics. Regardless, the accusations lead to Cain suspending his campaign for the GOP nomination. Now, the accusations of Tea Party racism have returned. Is it possible that had Cain won the GOP nomination, the Democrat's race card would have been eliminated or at least neutralized? It is something that we, unfortunately, will never know.

Current GOP front runner, Newt Gingrich, still leads in the polls and is now facing fire from fellow hopeful Ron Paul. Paul is attacking Gingrich's military deferments during the Vietnam War, and citing his own service in the process. While I'll be the first to praise Paul for serving his country, Gingrich's education deferrals would not be a Presidential first. Former President Bill Clinton received a student deferment in 1964. In 1969, Clinton was ordered to report for induction (was drafted) but managed to secure a slot in the University of Arkansas ROTC program. This granted him a second deferment as a member of the "reserves". In October of 1969, Clinton withdrew his ROTC application, forfeiting his reservist deferment and making him eligible for the draft. However, by the time of is ROTC withdraw, Clinton's original induction notice had expired, and he was not subsequently drafted a second time. This shows that even with military deferments, one can still be elected to the office of Commander in Chief. Gingrich's current status as front runner may be directly related to the "anyone by Romney" mentality. Romney's history of "flip-flop" and political inconsistencies has placed him on the villain list. While Gingrich's policies are still being formed (debates tend to change the stance of candidates, often only slightly, based on poll numbers (the populist form of campaigning), it appears that he will hold this spot through the Iowa Caucuses.

Ron Paul is starting to show an increase in popularity, due in no small part, to a grassroots, Average American campaign that has begun picking up steam. Paul has, thus far, remained fairly reserved, not seeking the limelight as other candidates have and has silently set himself up to strike at the right time. Paul has not pulled punches nor has he sugar-coated his beliefs on all facets of domestic, foreign, and economic policies. It will be interesting to see how Paul does in the Iowa Caucuses, as he stands as the only legitimate threat to Gingrich, even though Paul is seen as a "no way" candidate by many.

Unfortunately, Perry, Huntsman, Santorum, and Bachman have fallen to the rear of the pack and show no signs of rebuilding their campaigns to become serious threats to Gingrich, Paul, and Romney.

Mitt Romney, in my opinion, is an enigma. It is hard to discern his stance on many issues as his inconsistencies have clouded and negatively impacted the public's view of him as a generalization. While he maintains his supporters, many have jumped ship in favor of consistent views and opinions, whether right or wrong.

Iowa will be the "herd-thinning" event in the GOP race and will, I believe, remove at least two candidates from the race for the GOP nomination.
Wednesday, December 14, 2011
Cosponsors of this resolution include:

Marsha Blackburn [R-TN7]
Michael Burgess [R-TX26]
Larry Kissell [D-NC8]
Charles Rangel [D-NY15]
Lynn Westmoreland [R-GA3]
Frank Wolf [R-VA10]
This resolution would ensure that the victims and victims' families of the November 5, 2009, attack at Fort Hood, Texas, receive the same treatment, benefits, and honors as those Americans
who have been killed or wounded in a combat zone overseas and their families.
The full text of the resolution can be found here:
Please rise in support of this resolution in the name of common sense.

Sign the petition to support the passage of this legislation here:
http://www.change.org/petitions/united-states-government-pass-hr-625
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The fifth amendment is one of the most familiar of all Constitutional amendments. The fifth amendment protects citizens from being forced to incriminate themselves during the course of a criminal investigation (right to remain silent), guarantees the right to due process (trial by jury of your peers), protects citizens against "double jeopardy" (being tried twice for the same crime), and protects the property of citizens from seizure by the government (local, state, or federal) for public use without fair and proper payment (they can't take your house in order to build a new highway without paying you a "fair price" for it).

One instance where the protections of the fifth amendment were used to circumvent existing laws is the case of Miles Edward Haynes v. United States. During this case, Haynes, a convicted felon, was found in possession of an unregistered firearm, a violation of the the National Firearms Act of 1934, which required the registration of certain firearms. Haynes contended in a Supreme Court appeal, that as a convicted felon, the requirement to register a firearm (which he cannot own as a felon) was essentially forcing Haynes to "incriminate himself" by the admission of firearm ownership. The Supreme Court agreed.

I do not believe this was the intent of the founders when this amendment was drafted. It does however, reflect the ways that our Constitution can be interpreted to suit the needs of the citizens, which, in most cases, is a good and intended notion. The flexibility of this document allows for societal changes, which our founders foresaw. However, the misuse of this flexibility, in the instance of Haynes, has a negative impact on those who seek to use the Constitution in a "law-abiding" manner, rather than the furtherance of criminal activities.
Friday, December 9, 2011
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No other Constitutional amendment has been used as often as the fourth amendment. The protection from unreasonable search and seizure is one of our most cherished rights. Nearly everyone is familiar with the term "search warrant" and have a basic understanding of what this term describes. A comprehensive definition is that upon finding probable cause (sufficient evidence exists that evidence in a crime is located in a specific place) the police or District Attorney (depending on where the crime is committed) will petition a judge for a search warrant. The police/DA must plead their case to the judge and provide sufficient evidence to show that the item(s) in question are located in the area to be searched. The judge, if he/she finds that this probable cause exists, then grants the police the right to search a specific area for either a specific item (murder weapon, document, body, etc.) or to search a specific area for any evidence of the crime under investigation. The term "specific area" can either be a vehicle, property, or subsection of a vehicle or property (i.e. dresser drawer, garage, vehicle trunk, closet, etc.). Once this search warrant is obtained, the police then present this warrant to the owner/occupant and conduct the search.

Certain exceptions exist which do not require a search warrant. These include: consent, plain view, open fields, curtilage, exigent circumstances, and motor vehicle exceptions, as well as others.

Consent is the simplest form of "warrantless searching" in which the police officer simply asks the owner of the vehicle/property for permission to conduct a search. If the owner/occupant gives verbal permission, then the search may be conducted within the restrictions given by the owner/occupant ("You can search everything but the glove box.")

Plain view seizures are just that. Objects in plain view of the public can be seized if they are lawfully deemed contraband or evidence in the commission of a crime (bomb on the dashboard or front seat of a car or a bag of money on the front seat of a bank robbery suspect's car).

Open fields are areas that do not have a "reasonable expectation of privacy" or are public property (city parks, national forests, pastures, etc.)

Curtilage is used to describe the area immediately outside a home or dwelling that the courts feel should be given the same protection as the home itself. However, courts have denied this protection based on the proximity from the primary dwelling, fencing, and the presence of certain types of plants and animals. Aerial surveillance is permitted of curtilage as long as the airspace over the curtilage is for "public use".

Exigent circumstances are ones in which no evidence is sought in connection with a previous crime, or those that endanger the life or property of others.

Example 1: A police officer is walking down the sidewalk and hears gunfire coming from inside a house. The officer may enter on the reasonable belief that someones life may be in danger.
Example 2: A police officer sees flames shooting from the window of a structure, enters and finds a meth lab. The meth lab can be used as evidence as the flames gave the passing police officer the reasonable belief that someones life or property may be in danger.

Motor vehicles have been deemed to have a lower expectation of privacy as they do not generally serve as primary dwellings or storage facilities of personal items. If during the execution of a traffic stop, the police officer notices a hand gun between the seats, it can be seized without the consent of the owner/occupant. Police officers may search areas that could conceal weapons or are within "arms reach" of the occupants of the vehicle. After establishing probable cause for a further search (weapons or drugs found in the vehicle) the police officers may search the entire vehicle, but not the passengers unless further probable cause is established (gun in the waistband).

Defense attorneys rely heavily on the interpretation of "reasonable expectation of privacy" when citing the fourth amendment. Often, the wording of the search warrant is vague enough to force the exclusion of evidence seized during the search. All evidence seized without a search warrant, and not meeting the above criteria for "exceptions" will be excluded from the prosecution's case.

The protection against unreasonable search and seizure is a luxury we cannot afford to lose. While a vast majority of Americans have nothing to hide from the police, the piece of mind that stems from this amendment is an invaluable commodity in our nation.
Saturday, December 3, 2011
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in manner to be prescribed by law.

The third amendment is the least challenged of any amendment in the Constitution. Since the ratification of this amendment in December of 1791, no challenges have ever been presented to the Supreme Court. This amendment was drafted in response to the Quartering Acts imposed by the British during the colonial period. Not since the Revolution have any US Troops been housed, by order of the federal government, in a private residence.

It is interesting to think that this amendment may be the only amendment in our Constitution that no longer has any use. While this isn't meant to be derogatory or unpatriotic, it is actually meant to be a statement of pride. The lack of legal challenges shows that we have progressed as a nation to such a point that we no longer have to worry about this. Score one for democracy, and common sense.
Friday, December 2, 2011
"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

The Second Amendment of the US Constitution, as ratified by the States, is one of the most controversial amendments of the original 10 amendments. The only right covered in this amendment is the right of the American people to possess firearms. The plain text of this amendment states that the federal government can not infringe upon, or prohibit, the possession of firearms. What is not covered explicitly in this amendment is the extent of the regulation of that possession of firearms. Pro-gun advocates view the word infringe as ANY type of regulation regarding firearms. Anti-gun advocates view the word infringe as everything short of complete abolition of the possession of all firearms. Common sense tells us that there should be a happy medium.

Taking into consideration that when this amendment was written, only four types of firearms existed, each sharing a common characteristic. The four firearms (pistol, shotgun, rifle/musket, and cannon) were all single shot muzzle loaders, and were valuable items, essential to the survival of those early Americans. Today, the ease of access to firearms, increased magazine capacity, increased range and power, along with incredible variety of firearms has changed to face of "keeping and bearing arms".

The main target of anti-gun advocates are hand guns and so-called "assault rifles". Hand guns are targeted because of their ease of concealment as well as ease of access. Assault rifles are categorized (by the anti-gun side) as being semi-automatic (no manual ejection/insertion of cartridges and a single shot stemming from a single trigger pull) and having high-capacity magazines (this definition is hazy and varies from person to person).

Anti-gun advocates, in order to comply with the second amendment, have focused on increased regulation of firearms. By imposing more restrictions on the sale and possession of firearms, it becomes more and more difficult for citizens to own them, resulting in a decrease in the amount of lawful firearms sold and possessed. Many believe that if it becomes "too much of a pain" to get the necessary licenses and permits, most would-be gun owners will give up on purchasing new firearms. The largest flaw in this thinking is the fact that the vast majority of the gun crimes that are cited by the anti-gun establishment are committed by those who have illegally obtained their firearms, thus circumventing not only the second amendment, but any and all additional laws set in place to regulate firearms purchasing and possession. Pro-gun advocates use this argument and rely heavily on the ambiguity of the second amendment to maintain their gun rights.

The sheer number of court cases involving second amendment challenges and the challenges of the challenges prohibit their listing on this post. As a summary thought, reasonable regulation of firearms is a sound thought. Over regulation to essentially ban firearms is unconstitutional. This amendment will be a battleground for years to come with neither side fully achieving their respective goal.

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