Two Wolves and A Lamb

"Democracy is two wolves and a lamb voting on what to have for lunch." - Ben Franklin

Sometimes I hear folks equate America and liberty and fairness with Democracy.  America is something more than majority rule, however, and a brief glance at history and a look at the track record of mob rule shows why this is important.  One can imagine how most of the folks of Salem, Massachusetts would have voted during the witch trials as they singled out the neighbors that they held personal grudges with, and of course the majority votes in Germany in the 1930s showed how easily a majority would oppress a minority if given a nudge through the state sponsored press and helped along behind the scenes with clever censorship and intimidation.

As the quote attributed to Ben Franklin illustrates, the majority can itself be a terrible oppression.  This wasn't lost on the Founders, and certainly not on Patrick Henry who was one of the most vocal advocates for a Bill of Rights.  The idea was that there were certain rights that all Americans had, which would be a red line in the sand that was not to be crossed by anybody in government, to include during times when backed by even a democratic majority.

It's not difficult to understand how a state that controls the message, and that operates the strings of mass media behind a curtain, can manufacture consent and give the illusion of a democratic process.  Even the most transparently authoritative societies around the world, typically have employed a "democratic" component to provide some measure of legitimacy to a foregone conclusion.  Perhaps most famously, the German fascist himself was well known for promising, in his public speeches, to keep with the constitutional processes of Germany.  Indeed, he knew such was required to steer the herd publicly and also that such lies would play into his image around the world, and most importantly, in Britain and America.  Hitler was a master of placing supporters in various crowds around Germany and Prussia, to incite a mob or to make a speech that could be quoted in his own fascist media as illustrative of the mind of the majority.  Despite his promises to be fair and democratic in public, as an insecure fascist bent on controlling the message and above all the results, he broke each of his promises from the shadows and took steps to ensure the majority would proclaim what he wished them to.

In America, the first ten amendments known as the Bill of Rights attempted to combat this weakness of human nature.  Free speech, of course, was enshrined in the very first of those amendments, along with the freedom to worship and freedom of the press.  The majority, real or otherwise, and the ruling class never have any reason to fear and suppress simple speech and a differing perspective, unless they are up to no good.  Certainly the suppression of speech in an arena that allows that speech to be challenged by other speech and logic and cited facts, is the ultimate sign of insecurity, weakness, and a shady intent to control.  Likewise, other amendments were also red lines in the sand not to be infringed by anybody, majority or not.  The Second Amendment comes to mind and those who are familiar with the quote attributed to Franklin, are no doubt familiar with the rest of it.  "Liberty is a well-armed lamb contesting the vote."  The right to be free from unreasonable searches and seizures is yet another such inalienable right.

Still, this same speech suppressing maneuvering is evident today.  The previous presidential election made it very clear that the media was not at all adverse to demonizing a candidate as "crazy" or "kooky", and then by denying that candidate serious coverage.  The mainstream media has been guilty of shaping the message during our electoral process, rather than simply reporting on it.  Perhaps the only good result in the most recent election was the comedic criticism it evoked from Jon Stewart as he pointed out this fact.  Even more recently, critics have discussed the problem with the reported NSA warrantless spying on American citizens, and have highlighted that the program is done in secret, but that when challenged in court by the ACLU, the government maintained the ACLU had no standing because they could not prove that they had been spied upon.  The common thread is a manipulation behind a curtain to prevent a transparent fact based discussion.  Fascists know that a free discussion must be quelled at all costs, and in their message-controlling actions they unwittingly admit their wrongdoing.  It's the classic fascist tell.  If they really thought they were correct, they would welcome the open discussion and the chance to put concerns at rest.

It's important for people, if they are to value America, to understand that our nation is more than a simple democracy.  Rights were enshrined to protect even the minority of one, from a majority that is either manipulated and manufactured by a small man behind a curtain, or from an actual majority filled with the ignorant and hate filled mob.

These rights are non-negotiable and they are vital to a free society, a lesson that seems to be increasingly lost throughout both government and the mob given current events.  It's incumbent on all of us who care about our country, and certainly the future of our children, to get back into the vault and figure it out.  Especially those of us who have lived quite some time, and yet have never understood the country we were lucky enough to live in.

We are losing these rights, because we do not truly value the principles that gave birth to such rights.  This is something all good Americans should endeavor to correct at every opportunity.

M2 - The Fascist of BaseOps.Net

Give a guy a little bit of authority, and if he is of poor character, he will abuse it.  This is seen with bouncers, mall security guards, cops and even internet moderators.  Take for example M2, a retired military officer who moderates FlyingSquadron.Com, and who consistently threatens to ban those who share views he does not approve of on the forum he did not create.

When I see his handle I think the M must stand for monarchy, the authoritarian government he cherishes.  I imagine the "2" must stand for the two things he deserves most from America.  The first being tar, and the second being feathers.

M2 only bans people for crazy views, of course.  Views like that military officers have to abide by the oath they took to the Constitution, and the view that state laws passed which violate the Constitution are null and void.  M2 will not tolerate views like these, nor will he tolerate the opinion that a jury of senior military officers likely got a decision correct during a court martial.  He also doesn't approve of outrage over the fact that an American was arrested while passing through a certain state, while moving to a new state, because he had legally owned firearms in his private vehicle where he was found sleeping at a rest stop.  In the mind of M2, the man deserved the arrest and the five year prison sentence.  Of course, M2 never fails to mention that after every firearm purchase he makes, he plans to lose them in a boating accident.

He may not be quite consistent, but he is consistent in one area.  If you disagree with M2, then you are a "troll" pure and simple, and you will be banned.

FlyingSquadron.Com likes to talk about having a thick skin.  And yet the board is moderated by an insecure three year old in an old man's body, who can't tolerate those who disagree with him.  Especially not if they do so intelligently.  He absolutely hates that.  He's an insecure idiot with a diploma-mill fake degree, and a government job (of course).  He has little going for him.  He is this guy.  Except he acts like that online.

He is M2, by God, and he's from the great state of Texas!  Except mentally, he would be more comfortable in the heart of New York City, or perhaps Chicago.  His views are un-American, and his values are most certainly not of the Texan variety.  He gets confused and thinks otherwise because of his "get a rope" style love of law enforcement and the display of government force against citizens.  He works with them regularly, and he likes a "stop resisting! get on the ground!" approach from government.  He's learned to "take control of the situation" as a moderator, and put those skills to use.  There will be no "contempt of moderator" on the board he took over, after its creator passed on.  "What did you say, boy?  You think an Air Force jury did the right thing?  You getting smart?"

M2 defends the cops who violated the law and disarmed a veteran who was legally exercising his rights.  He will tell you that Army veteran is worthless.  The hatred and the venom bubbles from his mouth, as M2 discusses the veteran who complains about his rights being violated by armed police.  He thinks that guy deserved everything he got and should have quietly and submissively, accepted the government force used against him despite the fact he had broken no laws.

M2 is quite simply a fascist, like those our grandfathers fought in World War II.  M2 loves to collect guns, and I would imagine somewhere in his collection he's probably got one or two from that war of the German variety.  I bet he celebrates those pieces of his collection above all the others.  M2 respects a "strong" government, he despises our Constitution, and he is ever so annoyed by talk of liberty and rights and oaths, blah blah.  M2 has no time for that nonsense.  Rather, he worships at the altar of government force and if the government is using force against an American - then that American deserved it.  Period.  You can see his fascist commitment to government against its citizenry when he moderates, as he trains young officers to be submissive online by demanding they change their views or censor their views to fall in line with this viewpoint.  M2 makes sure any discussion remains "state approved."

In a perfect world, every time he grabs his retiree military ID, it would burn his North Korean hand.

Great American Public Servant - Judge Alex Kozinski

"Those of you who've had the good fortune to be born in the United States simply have not known the absence of freedoms..."

- Judge Alex Kozinski, Chief Judge of the U.S Court of Appeals for the Ninth Circuit

It's always a good exercise to listen to and celebrate faithful public servants who remind us of the importance of our Constitution, and the importance of our liberties.  Judge Kozinski's story is particularly interesting, as he grew up in a time when political dissidents from other countries left to escape their governments, and to seek asylum in America.  This is in striking contrast to the news today, where an American citizen has left America to escape the American government, and is seeking asylum in a foreign country.  The experiences of this great American federal judge are very relevant to America today, and he shares his views on our Constitution and the Fourth Amendment and surveillance and privacy, after about twenty minutes into the video interview above.

The bio presented on the YouTube video introduces the judge:

Born in 1950 to Holocaust survivors, Kozinski grew up as a committed communist in Bucharest, Romania. On his first trip outside of the Iron Curtain, in Vienna, Austria, he experienced forbidden luxuries like bubble gum and bananas. It was his first taste of freedom, and it caused him to become, in his words, "an instant capitalist."

Today, Kozinski is responsible for some of the most influential - and controversial - legal decisions in the United States. Kozinski's rulings have challenged the Obama administration over the issue of same-sex marriage. In a case that tested the limits of parody and artistic expression, he has weighed in on whether a Barbie doll qualifies as a sex object. In one of the most influential dissents in recent memory, he caused federal prosecutors to drop all charges against a defendant who'd been convicted of smuggling of illegal immigrants across the U.S.-Mexican border.

Kozinski sat down with Reason editor-in-chief Matt Welch during Reason Weekend in Las Vegas for a wide-ranging discussion about freedom and the law. How do mobile phones and cloud computing affect our right to privacy? Why do judges interpret the commerce clause of the U.S. Constitution so broadly? What's wrong with the practice of jury nullification?

Kozinski, a self-described libertarian, answers these questions, and many others, with the insight and wry humor that comes from decades of experience on the bench - and a childhood under communism.

Ghostriders In The Sky

I often find myself missing the days of chasing the devil's herd across our endless skies.  Salute to the brave men and women who spent many days away from their families, making it happen, and vanquishing our enemies.  When the American people need to break the emergency glass, Spooky and his biggest fans are ready to go to work.

And rest in peace, Johnny Cash.  You were one talented veteran of our air service, one amazing American songwriter and singer, and you are missed.  I sung your song in Spain in a bar, after some Scottish professional golfers began singing their standard bar songs, and while I have no lyrical talent, they certainly recognized the American spirit.  There was a lot of yippee! and knee slapping going on.

To the Ghostriders.  Thanks for what you do.

Raise a Glass to Our United States Air Force!

I spend a great deal of time focusing on the failures of our service and those who populate its ranks.  I firmly believe that concentrating on successes and strengths, is an exercise meant to make a person feel good about his institution and is less useful when it comes to making that institution better.  The reality is that we have a great many serious challenges in this day and age, and we do have many who are in the business of defending our nation for the absolute wrong reasons.

But the Air Force does get it right, and there are great Americans in our ranks who do it right for the nation.  While we may be tempted to dismiss our service as populated with the self-serving, the reality is that there are great people who wear the uniform.  From all communities, and in senior leadership.

I could mention the anonymous person or persons, who did the the right thing by me, who no doubt felt some pressure and yet who had the courage to do their job professionally and objectively.  My ass was on the line after I took a serious stand, and I thought I was going to be hosed in a very real way.  But I was incorrect.  I wasn't the only person in the Air Force doing the right thing, and I will forever give thanks to the anonymous person who had the fortitude to do the right thing in my case.

Air Force members also did the right thing during two different processes involving a buddy of mine.  The first process was engaged to take his wings.  Those in the Air Force who made up the panel found for him.  The second and later process was to kick him out of the Air Force despite the first process.  Again, those in the Air Force did the right thing and recognized the innocence of this great fighter pilot who not only served his country for nearly two decades in combat (being awarded the Distinguished Flying Cross), but who also embodied the concept of "bromanship" - bending over backwards to help those coming up, of giving back, and who spent long hours at work to make his organization better.

What needs to be said more this Memorial Day, is that the Air Force does work.  It's no absolute, and there are plenty of counter examples.  But if airmen have the courage to do the right thing, the Air Force is populated by other good people who will do the right thing in many cases.  And for that, our service should be commended.

So despite the bad press, the many challenges, and the many failures, I will spend this Memorial Day in Air Force Blue celebrating the greatest and most lethal military organization to ever exist.  I will raise a glass to John Boyd, Robin Olds, Hap Arnold, Billy Mitchell, General Fogleman and others who risked themselves to make our service better.  But above all, I will raise a glass to the United States Air Force.

Into the Mouth of the Domestic Cat

Congratulations buddy.  Few of us have flown into the mouth of the cat, and survived.  Even fewer have flown into the mouth of the domestic cat, and come out on the other side.

We survived to fight another day though.  And we've proved that the Air Force does the right thing from time to time.  I am proud to see Air Force processes work correctly yet again.  These are war stories we need to get out to the youngsters, so they'll know they can stand up with courage, and that the Air Force may very well ultimately do right by them.  Good on our service for doing the right thing ultimately.

"Hold your breath.  Make a wish.  Count to three... Want to change the Air Force?  ....... [long pause, while the government issued pub flies to the back of the jet]...  There's nothing to it...."

"INTO THE MOUTH OF THE DOMESTIC CAT!"

Assassinating Americans & Memorial Day

The Department of Justice (DOJ) recently admitted that the U.S. government has targeted and killed an American citizen using a drone strike, and has killed three other Americans, to include a sixteen year old boy, in similar drone strikes.  While President Obama has made comments and allusions to the drone program on different occasions over the years, some hail this White House approved admission as the first official admission by the government (it should be noted that the former Secretary of Defense previously admitted to targeting and killing an American citizen absent charge, trial, or due process).  The DOJ's legal rationale for the claimed power of the executive to kill American citizens who present no imminent threat (as in an actual imminent threat, and not the morally-bankrupt "imminent threat" concept that the DOJ has peddled), remains completely and utterly flawed to the point where its seriousness and honesty must be questioned.

The "official" news of the claimed power to assassinate Americans without charge or trial, on the President's say so alone, comes as we approach Memorial Day weekend.  A day when we honor the sacrifices of those Americans who gave everything to defend America, and gave all that they were able to give on behalf of their nation.  That certainly includes many who never served in the military, yet who risked greatly and also gave their last breaths to defend the greatest nation ever conceived, from those given the political and military power to make or deny its reality; great Americans like Dr. Martin Luther King, and other activists who took to the streets to demand their rights in the face of a violent government.  Yet more traditionally, this day of remembrance is reserved to honor those in the profession of arms.  Soldiers have died since man first inhabited this world, and those who have laid down their lives in the struggles of combat have been remembered and honored by every culture and nation that has ever existed on our planet.  Warriors have served for a variety of reasons, some forced to by a ruling class after being kidnapped, some out of ideological belief, others out of fear, and some simply for a paycheck or the hope of plunder.

Some very few have laid down their lives to defend liberty, and the rights of their neighbors, against the power-hungry immoral who would endeavor to enslave them from outside their borders, and even from within them.  The earliest American fighting men, and truly the greatest generation in all of American history, fought their own tyrannical government on American soil.  A government that wielded military violence against the colonial Americans and which was headed by a king who, as all kings do, claimed the power to execute his countrymen by his own decree, unshackled with any need for "due process" or evidence or a court of law.  A king gifted in politics, who would work to shape the opinions and justify his actions through the use of priests and other officials, but who ultimately chose to kill, or allowed to live by his "benevolent" grace, those beneath him who he ruled and taxed.

In World War II, another great generation of American fighting men took action in bloody operations against fascists in Germany and Italy.  Fascists who, as all fascists do, justified their wielding of military violence against their own countrymen with secular justifications, rather than a reference to the Divine Right of Kings.  King or fascist, of course, the result is the same; all power controlled by one man, with no greater power than the ability to execute your own countrymen on your whim alone.  The so called Greatest Generation of U.S. fighting men, bled the ground of Europe to restore the liberty of an immoral German population who shamefully allowed their own constitution to be desecrated in broad daylight in front of them, all the while claiming ignorance despite knowing the evil they were committing against their neighbors.  Brave American fighting men rescued this undeserving population from Adolf Hitler; a man who used the constitutional processes of Germany to slowly reduce the power of its version of Congress, and to funnel those powers into the executive office (while having the vision to do so even before he occupied that office himself), and finally to steer the parliament to "vote" to give up all of its power to the executive office in the name of emergency and national security risk.  As the population of the once lively Germany, with its debates and civil rights organizations and differing journals and lively discourse and free press began to turn, and eventually solidify, into a fascist dictatorship through constitutional means, it was brave American soldiers, sailors, marines, and airmen armed with their oaths to the Constitution and the liberty it enshrined, who rescued the German people from its fascist government.

Sadly, the noble who defend liberty and the rights of man against the violent oppressions of government, are few in the history of warfare.  Often those who choose the martial profession, do so simply for a paycheck, or out of some unintelligent and unexamined notion of being one of the good guys.  These pathetic creatures who often wrongly pass as noble fighting men in the public eye, do not deserve to be honored in the same breath as the one exhaled to recognize the courage and intelligence of warrior scholars who fought tyrannical kingly government during the American Revolution, and who fought tyrannical fascist government during World War II.  These military men, making up a great majority of our military today in my experience, deserve no honor this Memorial Day.  They are simply pawns collecting a paycheck, making career moves, thinking of themselves rather than their nation, who are unknowingly waiting to be used by a fascist government.  Like a ball at the top of a set of stairs offers potential energy to be converted into kinetic energy by any crown-wearing king who would give it a nudge, they stand ready to harm their nation and disgrace their uniforms like never before in American history.  They are unready.  They do not take our Constitution or their oaths seriously, and they do not have the character that our military places on posters and in recruiting commercials.  My experiences make me draw that uncomfortable conclusion.  I would love to be wrong, and perhaps I am.  Unfortunately I don't think that I am.

For those very few of you great Americans out there proudly serving America, ready to slaughter any enemy who would attack our nation, who took your oath seriously by studying our Constitution and who stand ready to refuse any unlawful order from those within our own borders, please enjoy this Memorial Day with your families.  You few are heroes and faithful public servants, and I'm proud to serve with you.

Unconventional Financial Advice for the Youngins'

I'm fond of saying that money buys fashion or freedom.  Money can be used to either purchase an appearance, perhaps through a trendy new car or the latest clothes or a house in a certain neighborhood, or it can be used to provide a person with options.  Money saved and invested is an enormous benefit on many levels, but it can also be leveraged for the good of our military and our nation.  Sound financial and life decisions make for a stronger military.

What do I mean by that?  Simply this, financial security makes doing the right thing as military professionals that much easier.  Take for example, two people both put in a legally or morally challenging situation.  One of those people has a mortgage on their house, credit card debt, a car payment, kids to feed, a spouse that depends on their paycheck, limited or non-existent savings and has a negative net worth.  The other person owns several properties outright, has no credit card or other debt, owns a vehicle outright, has no children, is married to a financially independent spouse, and has a positive net worth.  Which one is more likely to do the right thing by the nation should they be tested and placed in a position where doing the right thing might damage or even end their career?

Money buys fashion or freedom.  Military professionals can increase their chances of remaining faithful public servants, should they be tested, by minimizing concern for fashion and instead making thoughtful life decisions.  While the debt ridden person in the example above will justify service-degrading acts of cowardice with their financial situation, or through some notion of providing for their family, the other individual is more likely to do the right thing and to risk bravely on behalf of their nation.

Debt and irresponsible financial decisions are a national security concern.  That is just as true at the highest levels of government, as it is down in the trenches where most of us serve.  So here is my unconventional financial advice for those just starting to serve in our military.

First, live well below your means.  This is where fashion must fall to the wayside, as living cheap is not fashionable.  Find the least expensive living situation that you can.  Explore low rent apartments and mobile home parks.  If you are surrounded by "poor" people and your peers give you odd looks as a result of your living location, then you are on the right track.  When your peers tell you, "You save a lot of money and I'd live there too but my wife would never allow it," you will know that you have chosen freedom over fashion.  A great deal of money can be saved by leveraging military allowance for housing by living well below your means.  Find ways to limit or eliminate all other expenses, too.  Make a budget and challenge yourself to find creative new ways to shrink it further and live even more cheaply.

Second, pay off debt as quickly as possible and don't take on new debt.  Many of us had to take on debt just starting out our adult lives.  Debt is a reality for most of us.  Once we are earning money, paying off that debt should be priority number one.  Conventional wisdom would have people pay the minimum on student loans or mortgages, and instead invest their money in IRAs or other financial vehicles that earn a higher percentage than student loans charge in interest.  There are tax benefits to such an approach, as well.  I disagree with this often cited approach.  Debt is a claim of ownership and limits a person's freedom.  The goal should be to eliminate all debt as quickly as possible and then avoid debt in the future by saving (to include saving for large purchases like land and homes).  Make use of military pay allotments to send money to pay off your debt automatically, leaving you just enough money for your living expenses dropped into your bank account each payday.  When you get a pay raise, simply increase your allotment size and do not adjust your standard of living.  Out of sight and out of mind, while you count down to being debt free.

Third, once you are debt free, save or invest your money.  There are a variety of ways to do this and different investment vehicles to choose from.  You'll want to put a great deal of thought into where you put your money and weigh the very real risks of our current economic and financial reality.  As you see your net worth grow, you can take pride in that fact.  As your net worth increases, you can enjoy the fact that the brand new car your buddy just bought with credit...you could pay cash for, if you wanted.  As you see your money grow, you may having a burning feeling to purchase something like a sport's car.  Instead, purchase a model of that car as a symbol that you could buy it, if you wanted to.  You can enjoy the fact that while you live well below your means, you are actually on your way to becoming wealthy.  There are those who look rich, and then there are those who are rich.  How many of the people you know are actually wealthy?  If they were to lose their job today, and the bank took all the things they thought they "owned" but that were actually mortgaged, where would they be?  Chances are high that regardless of rank, you know few if any people with an actual positive net worth.  As in all things, being exceptional means being different.

Fourth, make smart family/life decisions.  My view here will certainly be unconventional.  Most who serve have heard multiple stories of those among us who met financial ruin, and ultimately relationship ruin, because the person didn't make wise relationship decisions.  These are perhaps the most important decisions a person can make, and yet many people put no real thought into them and instead choose to "go with the flow" like most everybody else.  Yoking yourself with a childish spouse in pursuit of the fashionable appearance of a house and white picket fence and family, can prove to be a very costly decision.  While you may be tempted to think "I've made it" once you get that first military paycheck, you have not made it until your net worth says you have made it.  Simply having a job does not mean that you are in a good financial position, and you must make decisions knowing that your career could end tomorrow.  In fact, you should always be willing to lose it to do the right thing for the nation.  Likewise, nothing ties hands so much as a person's decision to have children they cannot truly afford to take care of.  In my view, you are in no position to have children until you are debt free, own property outright, and have a significant net worth.

Invest in yourself.  Military paychecks are not guaranteed, as recent furloughs and recent history should make clear.  Free health care for life was a promise made by the military, and then broken as Colonel Bud Day and others can attest.  Military retirement is also a promise that comes with no certainty, and there are many current ongoing discussions of changing retirement (and not in a good way).  The American populace increasingly sees military retirement as somehow a lavish gift, rather than a benefit earned.  Governments and banks are stealing money from bank accounts in western nations, and there are massive financial problems in the world today.  This is no time to go with the flow.  Invest in yourself, because nobody else will. You have to check six and remember that your job is not a concrete asset!

Beyond the many benefits of financial independence, it is good for the military and the nation when those who serve are financially healthy.  Such individuals are in a better position to do right by the nation, rather than simply serving themselves and putting their paycheck and their ability to make a monthly credit card payment, above their duty to defend our nation.  Put yourself in the very best position to support and defend the United States of America, by making smart decisions and going against that very same flow that has led our nation to its current financial reality.

"Sentence First! Verdict After!" - Killing Americans in America with Drones

"The thing is, saying that 'I have some superior, secret knowledge is why I'm allowed to kill Americans without any kind of due process,' isn't good enough for me." - Senator Rand Paul

Just the other day, Senator Rand Paul filibustered the nomination of John Brennan for director of the Central Intelligence Agency (CIA).  Senator Paul did so in order to seek answers to his questions to President Obama, on statements made that indicate the POTUS believes he has the power to use drones to assassinate Americans on U.S. soil, without charge or trial, ie without the due process of law.  The comments that gave Senator Paul concern included a letter from Attorney General Eric Holder, and also recent comments from the President during a Google interview.  Of course these comments come after the previous Secretary of Defense admitted to assassinating an American citizen without charge or trial, and following a leaked Department of Justice (DOJ) white paper claiming the power to assassinate Americans.

This is an extremely important issue, and in my view is the most important issue in all of American history.  It should also be of great importance to every person serving in our military today.  The trend has been to turn our tools of lethality inward, and I for one have been blogging about this trend for some time now.  I am glad to see this issue finally discussed at length on Capitol Hill.  The entire thirteen hour filibuster and discussion of the issue by Senator Paul from Kentucky, Senator Cruz from Texas, Senator Lee from Utah, and others can be viewed online here.  I recommend all Americans, but especially those of us commissioned to wield the tools of lethality in the military, take the time to watch the entire filibuster discussion, and those of us commissioned in the armed service ready ourselves to exercise our own constitutionally required check and balance in defense of the Constitution.  In other words, we need to be ready to refuse unlawful orders, should some of our elected leaders fail in their duties to defend our nation's highest law and instead decide to turn America's military against the citizenry that funds it.

In my view, it logically follows that if the United States government can legally assassinate Americans on foreign soil (by assassinate, I mean killing an American who is not at the time presenting an imminent threat, ie engaging in combat), then the government can also assassinate Americans on U.S. soil here at home.  That is logically valid.  The reason is because geography has no import in the contract between an American citizen and his or her government.  The Constitution both enshrined absolute rights to not be infringed, and created the government of the United States.  Therefore, anywhere on the planet the two shall meet (American citizen and government of the United States), the Constitution necessarily applies and legally limits the actions of the United States government.  Geography does not matter.

However, what appears to be lost on Attorney General Holder, John Brennan, Jeh Johnson (before he left the government), and others is that the United States government cannot legally assassinate Americans who are presenting no imminent threat (ie actively engaged in violence).  It doesn't matter if in Yemen, or in Seattle, the Constitutional restriction of the Fifth Amendment applies anywhere in the universe where an American citizen and his or her government intersect.  The Fifth Amendment's guarantee that the government cannot take life, liberty, or property without the due process of law has no geographic exception.  I have previously blogged about my understanding of the law, and also touched on the erroneous legal reasoning of Attorney General Holder, John Brennan, and Jeh Johnson.

During the filibuster, some in the Senate touched on some of these same issues.  In essence, what was debated in the Senate the other day was the very existence of America as a free nation, versus changing the government to a monarchy or authoritarian government.  That isn't hyperbole.  A government that claims the power to kill its own citizens, based on the whim of one government person or a group of persons, without the due process of law that has been the bedrock of justice throughout American history, quite simply cannot be described as the government created by the Constitution.  It is not a variation of that government, or that government gone astray, but rather it is a different government entirely, one that is more akin to the government of the Queen of Alice's Wonderland, who twists justice and exclaims "Sentence first!  Verdict after!"

While I encourage all to watch video of the filibuster (including the first twenty-two minutes before Senator Paul adjusts his microphone and thereby improves the audio), I will provide below a few points that I found particularly salient as I watched the thirteen hour Senate debate.

First, words are weapons.  When it comes to those who wish to sidestep the Constitution while avoiding the charge that they are violating the law, the law must be twisted and that means that words must be destroyed.  This is a tactic we have seen used throughout American history, and certainly over the last decade.  This tactic is usually employed by government lawyers who sadly use what legitimacy their profession offers, to muddle and "make a case" for "their client."  Unfortunately, they make a case using a lack of integrity, and they misdiagnose their client by ignoring the American people who pay their bills, and instead act as propagandists for their immediate supervisors who wish to break the law.  Typically a profession is held to a higher standard than a regular job, in part because of a required code of ethics, yet the legal profession is filled with the immoral who provide legitimacy to government law breaking just as priests used to provide legitimacy to Kings.  In this recent discussion, Senator Lee from Utah diagnoses the destruction of language in the leaked DOJ white paper, seizing on its dishonest destruction of the term "imminent" to describe an imminent threat.  By destroying the term imminent threat, the white paper essentially gives cart blanche to the government killing any American it wants, for whatever reason it wants, without that person actually having to pose an imminent threat or any real threat at all.  As Senator Lee says at one point, the white paper's explanation of "imminent threat" is like a peanut-butter jelly sandwich without the peanut-butter or jelly, there is nothing there.  I should note that Senator Lee is a lawyer, and a former Supreme Court law clerk for Justice Alito.  Senator Ted Cruz of Texas, is also a former law clerk for former Chief Justice of the Supreme Court, William Rehnquist.  For those not familiar with the legal community, clerking for a justice is an extremely serious legal credential and we are fortunate to have such amazing legal minds serving in our Senate.

Senator Wyden spoke during the filibuster, and praised John Brennan for saying that the CIA does not operate in the United States because it does not have the authority.  Remembering that words are weapons, I would caution all who hear or read those words from Brennan to ask themselves what Mr. Brennan means by "authority."  Does he mean he doesn't have the authority because the Constitution does not provide it?  Or does he simply mean that the President has not given him the authority?  While Senator Paul takes Brennan at his word, I would remind all that words are weapons and they are often provided to create an illusion for those who hear them.

Second, Senator Paul repeatedly took issue with the claim that assassination of Americans outside the United States was legal if capture was not feasible.  The senator pointed out that the statement on feasibility, seemed to imply that killing an American was legal if capture was inconvenient.  I share the senator's concern and think it is important to remember that if we can kill an American, we can capture him.  Just as we invaded an entire country, and lost the lives of service members, in order to capture and try Manuel Noriega.  Noriega was, of course, not an American citizen and today he sits in prison having been afforded due process of law.

Third, we in the military should understand that a targeting process is nowhere even close to the due process required by the Fifth Amendment to the Constitution.  Several guys in the executive branch asking themselves if they should kill an American, is not a trial and a jury of peers.  Senator Paul touches on this disparity and overemphasis of "targeting process" as if it holds some value in exchange for due process.  Senator Lee does a good job explaining the protections afforded to all citizens, wherever they may be located, from the government.  Senator Barrasso of Wyoming also sheds light on many questions concerning the targeting "process," asking for example, the number of individuals that have ultimately not been placed on the kill list during secret deliberations due to objections.

Fourth, Senator Paul touches on what I would term "picking battles."  He provides a good reminder of what it means to be a public servant, and explains that while we should be civil, we must still be principled.  As public servants we are either serving the public, or we are providing a disservice to them.  When we refuse to stand up for those who pay us to do a job for them, out of our self interest or cowardice, we do a disservice to Americans.

Lastly, for those of us in the military, we need to understand that assassinating an American with a drone is no different than pulling out your weapon in a Wal-Mart and shooting a person while they browse the frozen food section.  Senator Moran makes this point effectively.  It is easy to detach ourselves from behind a console while looking at infared signatures, but it is important that our officership and professionalism not be put on a shelf because we might feel hidden and anonymous while working from a trailer anywhere in the world.

For those who object to the term "assassination," Senator Cruz of Texas disagrees with you, as does this humble blogger.

Ultimately, we in the military are the final check and balance when it comes to using the military against Americans.  We never hear ourselves referred to in that manner, but the Constitution is clear when it requires military officers and justices of the Supreme Court, to swear to support the Constitution.  Our actions must be lawful.  If those above us break the law while pretending their orders to be lawful, we must refuse.  At our own peril.  Nobody said this job would be easy, and character and courage isn't relegated to the realm of recruiting posters only.

It should also be noted that, as a result of the filibuster, the Attorney General sent a letter of response to Senator Paul saying that the President does not have the authority to kill an American on U.S. soil with a drone.  It should be remembered, however, that while it is rare for a President to discount and disagree with his Attorney General on a legal matter, and act on his own legal understanding rather than that of his top legal advisers, it has been done before.  In fact, President Obama disagreed with Mr. Holder and acted outside the council of his top lawyers with regards to actions in Libya.

I recommend all those serving today, who are not ready to do right by their nation, find a new job.  America has gone down the rabbit hole.  We are in the business of risking ourselves for our country, for Americans, and we must be ready to do the right thing.  If you do right in the face of wrong, it won't always turn out in your favor, but sometimes it will.  Regardless, as military professionals who took an oath to defend the Constitution, it is time we take a deep hard look at ourselves and ask ourselves if our country truly means something to us.  Our combat time means nothing, and a wing award and promotion two-below means even less.  The typical ways we judge our success in the military are child's play metrics in our serious world, with the very serious threats to our nation.  Few are tested these days, but unfortunately that will most definitely change.  We must be ready to do right for America, by refusing to do wrong, if and when the time comes, and when we are truly tested as real men were tested in generations past.

Nickel on the Grass - RIP Ed Rasimus

Sadly, Ed Rasimus crossed the fence for the final time yesterday.  Fortunately for the rest of us, he did his work well while in country.  Beyond his military service, and a Silver Star and multiple Distinguished Flying Crosses, Rasimus continued to give back in the realm of ideas in many different ways.  He was personally approachable and eager to share his gathered wisdom, and even while talking with him in his later years, it was clearly evident that he never lacked the fighter pilot spirit or the love of flying great war machines.  On the professional level, he left behind many books that join the annals of history, with his latest and perhaps most noteworthy being the excellent read on General Robin Olds.

This blog has had the benefits of his contributions from time to time, and fortunately he gave me a few shots on his own blog every once in awhile.  He was educated, opinionated, sometimes right and sometimes wrong, but most importantly he cared enough to have an opinion and to engage in worthy ideas in the shared desire to make our nation stronger.

He cared about America.  He will be missed.  Him.