Thin Red Line

This week we have been witness to an alleged Chemical Weapons (CW) attack in Syria, probably the second or third such attack since President Obama put his 'red line' to work during the last election campaign to make himself sound good and strong on National Defense.  This was after Libya, which crossed no lines of using CW, and which the US and Europeans supported with arms and logistical supplies.  Of the things we delivered to Libyan rebels were US made MANPADs that have gone missing and appear to have been transferred to the Syrian 'rebels', mostly al Qaeda organization types either from AQ itself or AQ in the Magreb.  Added on to that is that the Syrian 'rebels' from AQ have also gotten their hands on CW stores of the regime at outlying bases and you now have two sides armed with CW capability.

A final part of this mix is Hezbollah which tested out Surface to Surface Missiles (SSM) and Iranian copies of the anti-ship Silkworm Missile, the latter used against an civilian cargo freighter and an Israeli Destroyer.  Thus there is a whole panoply of weapons available amongst all the parties involved, not to speak of the improved SCUDs that Syria has and the rumored Bio Weapon program that got kicked off when dual-use equipment was delivered to Syria in the '90s to help it make a pharmaceuticals industry which then shut down after the equipment was delivered.  Syria has a long line of backers going back decades which include: USSR/Russia, China, North Korea and its main backer, Iran.

Thus we are left with a specter of both sides having access to CWs and the entire Syrian conflict devolving into an artillery battle (with some SSM components also held by both sides because the regime had such weapons at outlying bases as well), and one in which one side has no air wing and the other side has one but is faced with an array of US and Libyan made MANPADs which threaten to neutralize not just fixed wing assets but rotary wing assets, as well.

Back in 2006 I did a review of the known Syrian weapons sites and what they looked like from Open Source INTEL to get a handle on just what it was that Syria had in-place at the time.  I've since looked at other imagery near al-Baida and seen what looks to be the rumored site of where Saddam's WMD programs ended up in Syria and it is typical of its other sites: some military surface emplacements and then indications of a larger underground structure , in the case of al-Baida, inside a mountain.  This is not only not unusual for Syria, but with its associations with NoKo and its expertise with having one of the most heavily dug in military systems on the planet, Syria most likely has put in defenses to thwart, divert or otherwise try to minimize the threat of 'bunker buster' bombs.  And as they had a good, close look at US capability in Iraq plus some INTEL coming via Iran from Af-Pak, Syria most likely has a good idea of the modern US capacity with such weapons.

Now comes President Obama's 'red line' being crossed and there are some essential questions to be asked, just on the military side of things.

1) Who has been using CWs in Syria?  Whenever you see photos of men with pails of chemicals to pour into an artillery shell, do realize that those are the oldest of the old shells in Syria.  They updated their CW capacity during the '70s by purchasing Spin Mix In Flight shell technology from Egypt which was supplied to them from the USSR.  So anyone using the old 'mix in pail and load' deal are most likely the lowest of the low end troops with old technology that was most likely at outlying bases, since you wouldn't want the modern shells to be used against you in a civil war... which this is, BTW, with outsiders trying take over, as well, in the form of AQ/AQIM.  It is easy enough to fake an artillery CW attack: just wait for an enemy artillery barrage and then mix some pails of chemicals, add some C-4 and blow them up in the craters or nearby.  This is a vital question as intervening against EITHER side means that the US is taking a PARTISAN SIDE in a civil war.  By damaging one side you help the other, which is the logic of old-style warfare like we are being handed in Syria.

2) If the point is to warn against using CW's, then why state just that [or even as what the President suggested in his proposed authorization document, all WMDs – added after initial post] ?  President George W. Bush gave the somewhat broad idea that getting rid of Saddam was to keep the world's worst weapons from the world's worst people.  That project is now a failure in Syria as that is precisely what is going on.  At this point AQ/AQIM must be assumed to have at least CW in its inventory to distribute to agents.  That is backed by the pre-OIF word from the Kurds that Saddam had trained AQ in CWs, and from our own CIA in Afghanistan where they found a site where AQ was using the Iraqi documents to create and test out CWs on animals and living human beings who were not volunteers.  Thus AQ has demonstrated knowledge, background and willingness to dabble in CWs and now have CWs in their inventory of available arms.  If President Obama's goal is to warn any Nation or organization (the much harder of the two to convince) that using CWs is off-limits, then why limit the attack to just CWs [or WMDs]?  Indeed, why use a conventional attack, at all?  The only way to make sure that the CW complexes, chemical facilities and actual source mines of phosphate are interdicted is not through conventional attacks, but with nuclear attacks.  That, of course, would just up the ante in the WMD game, but its still a hard chip to get access to even with nuclear proliferation... as long as Pakistan remains semi-stable, that is.  Or until Iran develops its own nuclear capacity.  Anything that leaves any of that infrastructure in place for the 'winner' means that you will have a CW capable State at the end of the conflict which, one would think, is just the opposite goal of what is being sought.

3) Attacking Syria would be easy if we hadn't PO'd the Israeli's, who have a demonstrated knowledge and capacity to take down Syrian (indeed just about anyone's) air defenses.  That still leaves us with the specter of US manned aircraft getting taken down with US made MANPADs that went to Libya and were transferred to the Syrian 'rebels'.  As I mentioned earlier these are not the only threats to be aware of, and SSM and anti-ship missile threats are also available to the Syrian regime and Hezbollah.  The dug-in nature of the Syrian main military sites, situated in regime strongholds, means that we cannot be assured of effectiveness of 'bunker buster' type bombs due to the passive and active defenses the regime has put in place due to Israeli capacity in that arena. 

Even if some of the weapons arrayed against US air and sea assets aren't the most modern, they do not have to be as a good number of them are man-portable or non-fixed site devices, which means that a feint against a ship would draw an air response that can then be met with a numerically high number of attacks.  Even stealth capacity is no proof against simple man-guided missiles and they won't even give you a lock-on warning, either.  Saddam was caught with his pants down because he expected the US to be thwarted for long months by Turkish duplicity and was lazily re-arranging his military to meet what he expected to be a long-way off US threat.  The Syrian regime is now given warnings of a date for decision and that will most likely be one of date of attack, as well.  Thus the chances of getting to and taking out arms that are the target goes down due to dispersal and defensive capabilities used to keep such arms, while other weapons (like SAM and MANPADS) get deployed to dissuade or take down US attacking aircraft.  While Syria is no virtual fortress like NoKo, it is a State with a major coastal mountain range, and mountain warfare is the 'great equalizer' against even the most sophisticated opponents. I looked at that in 2007 and anyone unfamiliar with what Mountain Warfare is might want to think about the topic.  Even though these are not the high mountains of Af-Pak, even the relatively low range in Syria has the same sorts of elements as are seen elsewhere and in other conflicts, and the US must take that to heart when going after any sort of hardened system set in a mountain range: Syria is not Libya, and the likelihood of getting a cruise missile into a cave opening will be much lower now that Syria knows the US has that capacity and has had decades to analyze it and prepare for such attacks.  If you wanted to take out Syria the time was way back when in Iraq when they were actively aiding and abetting the movement of terrorists into Iraq from Syria.  Too bad this President can't draw on that, huh?

4) Sectarian conflict is already going on in Syria between Shia and Sunni populations and, within the Shia population, between your average run of the mill types and the local Alawite sect which has its own teachings from Mohammed.  Consider them to be the LDS of Islam.  Being a minority of a minority (with Shia Islam around 10% of the population and the Alawite sect just 10% of that or 1% of the local population) and the specter of any US attack being cast as an attack against a religious minority raises its ugly head, as well.  The last thing the US needs on a regional basis is to raise sectarian conflicts to a bitter height by attacking one of them.  If we took the more even-handed approach that our allies took in Libya when all combatants took on the same garb and you couldn't tell regime from rebel from terrorist from civilian, then you might be able to make a case.  I dubbed that the 'Kill Them All' doctrine as it meant killing anyone who was fighting that you could set your sights on.  That, of course, would mean going after rebel caches of CWs as well... something we haven't heard about so far.  It's like the President wants to pick sides, pick winners, and not tell anyone that is what he is doing.  Oh, yes, that is because that IS what he is doing.

5) Finally, and this really should be heard out, if our aim is to help the 'defenseless civilian population' then why, oh why, aren't we planning to do that?  Really, if your goal is to preserve lives in a civil war where two sides (regime and 'rebels') are armed but the majority of the population (known as 'victims') aren't then why bother with either the regime or the 'rebels'?  A simple and much cheaper, plan is to buy up every AK from the global black market and air drop them by the pallet load to the civilian population.  Every town, village, farmhouse, collection of huts, places where people are seen living in caves, nomadic Bedouin, basically anyplace where you can find that isn't in control of the regime or 'rebels', should be well armed so that they aren't 'victims' any more.  If the idea is that the right to keep and bear arms is based on the fundamental positive liberty of warfare (self-defense) and the synthetic right to protect your property (gained by your liberty and thusly representative of your life's work), then this natural right is also a positive civil right and those deprived of arms when a war is ongoing (especially a 'respect no sides' civil war) are being offered up for slaughter.  If a well-armed society is a polite society and one likely to kill off hotheads, then isn't the place for this to be tested?  Syria has been a police State under one family for decades.  Civil rights, human rights and natural rights are abridged and abused there by both 'sides'.  And whoever 'wins' the civilian population loses.  If we really mean that we are about human liberty and freedom, and the right to not be abused by anyone, by no government and by no feral humans, then why not do the obvious and arm the civilian population and let THEM start to figure out what THEY WANT in the way of government?  Yes, that will make the conflict bloodier for a time, but a lot of that blood is going to the Tree of Liberty, not the Weed of Tyranny, and the end result will be something that the locals actually WANT.  Hey, it may be something horrific, right?  Yes.  Of course anyone wanting to do that must NOT PO the local population as it is well armed... and that is a much, much better state of affairs than has existed in Syria.  Ever.

Now for a few additional questions, but these are not about the military side of things.

Remember the 'anti-war coalition'?  You know the Leftist/Socialist/Code Pink/International Answer sewer groups?  Where are they?

I haven't heard from them since Obama has been elected.

They claimed to have such high morals and were against international conflicts because they impoverished people and took away from the goodie takings at home.  So where are these people?

You know the types that said we should have learned ever so much more about Iraq before going in?  Remember those people?  I do.

Where are they?

Why are they not organizing marches starting, well, right after Sec. State Kerrey delivered his asinine pabulum, but where were they yesterday?  OK, there might be a few Harley-Davidsons roaming around DC, but that shouldn't keep the stalwart defenders of their own moral certitude from doing anything.  Can't they get their collective heads out of their collective rectums to realize the smell they are getting is their own?

I don't call them the 'duplicitous Left' for nothing, you know.

And where are all those who tout 'international law' for everything going on as the answer?  They should be crying out for the sanctions provisions of the Chemical Weapons Convention to be put into force!  OK, they may be stuck in Syria not signing on to that... but where is the outrage on THAT?  Shouldn't they be going to every other signatory State and pointing out that it has a MORAL DUTY TO ACT against a rogue regime using such weapons?  Oh, wait, that is silence I'm hearing from the 'international law' crowd.  So sorry, I thought you were serious about it.  'Duplicitous' doesn't even begin to cover them.

So where are all these high minded types of all stripes that came out of the woodwork for years on this topic?

Where are their morals?  Their courage to 'stand up to da Man'? Where is their rage against the system delivering eternal war?  Can't they even just run a pot luck dinner to get a few attendees anywhere?

Their lack of outrage now is their badge of cowardice, duplicity and lack of morals and ethics.  It is bad news for a 'movement' when the most scrupulous member of it is Cindy Sheehan who at least continued to criticize Obama for the same things she criticized Bush for.  She is yet another of the 50 Shades of Maroon, but she is a consistent shade, I'll give her that, but no less maroon for it.  President Obama and his Administration seem to want to get a corner on the Shades of Maroon market, and it appears to be working.  And 50 Shades of Maroon doesn't even begin to cover it.

A final thought.

Notice the political acumen to get this 'crisis' delayed long enough so that it hits the budget 'crisis' and the installment of Obamacare 'crisis', along with a nearing debt ceiling 'crisis'... and probably three or four more that I can't quickly remember... but isn't that such great timing?

Its like there is a plan behind it, or something.

Yet another of the 50 Shades of Maroon.

Nope, 50 is just not enough, methinks.

Passively implicit

When looking at the US Constitution I take a view of it as a structuralist, that is to say that the form of government is given as a structure that has a number of interlocking parts that are defined, limited and created to serve a purpose.  Structural analysis means that you take the words as they are presented in the context of the English language.  I laid this out in Structural analysis of Amendment II, and that rests on the work that I looked at earlier by Nicholas Rosencranz who laid out how the sentence structure of the English language creates the structure of government in the Subjects and Objects of the Constitution.  The lineage of the US Constitution starts with agreements outlined in the Anglo-Saxon Chronicle and King Alfred all the way through to Bill of Rights put in place with James II, which I went over in Roots of constitutional government.  For this article I'm going to be building off my article on Taxation via sales.

Taxation was part of the trigger for the US Revolution and it is understood that the Founders and Framers both had a view that taxation is a necessary evil to run the organ of society known as government.  As a necessary evil it must be limited so that it does not over stress the body which is society that requires the functioning of government to do the few and necessary things to allow for the individuals to be free.  With that said taxation takes many forms and the US Congress gets some particular types taxation in Art I, Sec 8, in part:

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

If Congress was getting the complete taxation power with this clause then there would be no need to put in Duties, Imposts and Excises, now, would there?  In fact it took an Amendment for Congress to get the income tax, and even that Amendment has been misused as it nowhere indicates that Congress may levy different taxes on different income levels.  The Progressive Income Tax requires not just the Income Tax part, but a specific exemption of the Privileges and Immunities clause and Amendment V and Due Process of Law which is to be applied equally to all citizens.  Be that as it may, later in Sec 8 is a clause that indicates what the scope of the Taxation power actually is:

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Duties, Imposts and Excises are generally taxes aimed at the National level and at international trade.  Thus the regulatory or regularizing power of Congress writing law in support of Treaties or, in cases where there are no trade treaties, setting the Nation's tax policy towards importation of goods to sustain trade, thus are complementary to the Duties, Imposts and Excises previously mentioned.  That is to say there is an explicit venue given for the Taxation power that is complete for Congress for international trade modified by Treaties.  Thus even where it is a complete power it is one that has limitations via Treaty.

Next is Sec 9 where one tax power is restricted and then modified by Amendment:

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

This is the first outright restriction to the Taxation power and now limiting it.  Do note that this is a passive clause and that it does not mention Congress nor does it mention any other branch or any other government.  Thus this applies to all governments and all branches of all governments in the United States.  Remember in Sec 8 there is the language 'The Congress shall have...' is an explicit grant of power and as all of Sec 8 is a single sentence with many semi-colons, all of that is covered under that.  There is no need to repeat it per line as the separate grants are broken up for clarity's sake, for readability, and to let someone catch their breath if they had to read it as a single sentence.

In Section 9 each clause is a single, stand-alone sentence, complete in and of itself.  These sentences are not started by explicit and active restrictions upon, say, Congress, but are passive and general in nature.  The Framers were more than capable of starting a sentence 'Congress shall make no law...' but these clauses do not start with that beginning.  As the Constitution is about the organization of the United States and what the role of the States shall be, when States require separate coverage they are mentioned, as in Sec 10, and I'm coming back to Sec 9, but here is the language on Taxation in 10:

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

With 'No State shall...' we are given a definitive subject and then a set of Objects with modifiers.  It is this language that is absent in Sec 9 and without an actual Subject that is defined then the generalized Subject is being addressed to all levels of all governments.

Imposts and Duties on Imports or Exports is a linking of topics in Sec 10 and due to that linkage these powers are addressed to those objects.  That explicit language and linkage then gives proper definition to the prior Congressional power on Imposts and Duties: Imports and Exports.  If a State wants a special exemption it must go to Congress and that only for the necessary execution of inspection laws.  By making those funds go to the US Treasury this is seen as a federal power granted to Congress and is for Imports and Exports.

Now back in Sec 9 there is the final clause and one that clearly de-limits powers and it is this:

No Tax or Duty shall be laid on Articles exported from any State.

As with the prior prohibition this one is given a passive voice and does not state 'Congress shall make no law...' nor does it start 'No State shall...' but, instead, addresses Taxation as a whole.  This is a restriction on the Taxation power, itself.  By not having either Congress or the States as the subject, as with the previous passive and standalone clause, this clause then addresses all governments in the United States.

This is an implicit restriction on taxation of goods moved from State to State on goods exported from one State to another State.  No government may do this in the United States.

Now lets flip this around into a different arena and ask: what is the form of this restriction on an international scale?

The States of the United States are seen as Sovereign entities and actually have an escape hatch from the US Constitution embedded within it in Sec 10:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

This language also shows up later in the Constitution in Art IV:

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

In Art IV, Sec 4 the guarantee of a Republican Form of Government is to the States, which are signatories to the US Constitution after ratification by the people of that State.  The protections against having this subverted are to protect the States against Invasion and domestic Violence.  In Art I, Sec 10 there are a set of powers that a State recovers if the United States does not support this and it is the ones they agree to set aside outside of these specific causes.  When you examine that list you get the conception of the broad headings that the States recover in full upon invasion, imminent threat of Danger or having their government threatened with being overturned via non-Republican means are broad and sweeping.  These powers are what we call the Foreign Policy power and the Military power, not just the defensive Militia power which is due to all men, but the assertive and external Military power.  Also it regains all the taxation powers and the powers to build new military fortifications and equipment to guard itself.

In International Affairs a State with the full Foreign Policy, Military and Taxation power is known as an independent Nation State: a country.

Thus the States must have these powers to set aside in this agreement known as the US Constitution, as you cannot recover what you did not have to start with.  That is simple logic.

Taking the US Constitution as a TREATY DOCUMENT and examining what the form of Taxation is we then come to a conclusion of the limitation on the Taxation power that is startling due to the understanding that is underlying it.  It is the scope and form of Treaty that many who have argued on the necessity of unburdened trade have used at the International scale and has its full form seen with an organizations of States that agree to this view so as to have a coherent Nation amongst them.

What is a trade agreement that unburdens trade amongst equals and limits the power of an oversight group so that it may not burden such trade via direct taxation?

What is a trade agreement that sets up a system whereby sellers in one State that is signatory to the Treaty cannot have its goods or services taxed by a recipient State and its citizens?

What is the form of trade agreement that abolishes duties, imposts and excises save for necessary inspection and then those funds applied only to those inspections to ensure that agreed-upon legal trade is all that is going on between States?

Why this does have a modern term, doesn't it?

This is known as a FREE TRADE AGREEMENT.

Right there, in the US Constitution, powerfully stated by not being explicit, not a direct power grant, but by restricting all the governments involved, including the agreed-upon oversight body.  It is one of the most subtle and yet powerful statements on the positive value of trade between States to knit a Union together and to allow that free men when trading with other free men in States that all fall under the Treaty shall have NO TAXATION applied to that direct sale from individual to individual, State to State.

And that means no 'Value Added Tax', 'Sales Tax' or any other thing not directly related to quantity, amount or hazard of a given good.  Taxation for tonnage is also removed unless it has safety or verification inspections involved.  The federal government can tax per gallon, per carton of cigarettes, or by any other gross weight and measure so long as it involves upkeep of infrastructure due to those particular items in the way of hazard or safety.

What no government can do is tax by VALUE of the trade involved.

Thus a nickel per gallon on tax is there without regard to the actual cost per galloon.  It is there if it is a penny per gallon and it is there if it is ten thousand dollars per gallon: the quantity is what matters, not the value.  And do note that is for interstate sales, only, so that in-State sales remain the realm of the State government.

Governments will always seek new sources of revenue and tax the hell out of anything they can get their hands on and yet still be unable to balance their budgets.

A free people have an 'out' from onerous taxation: our fellow citizens in the other States under this Free Trade Agreement embedded in the US Constitution.  As a remedy to overburdening of taxes this is one of the most sublime resorts that the ordinary citizen has to escape taxes, become closer with his fellow citizens and support the Union between the States.

Because that is the realm of the Preamble of the US Constitution and note who is invoking it and what we promise to do:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Continuity or something else?

I watched a program last night on Discovery's Military Channel that  focused on the Continuity of Operations Plan or Continuity of Government Plan, which is something I came to know about working on the civilian side of an agency in DoD.  It is pretty serious stuff this trying to safeguard information and stand up some operations if the main sites of the agency get taken out.  This extends across the entire US federal government and all agencies have some variation of the COOP (as I came to know it).  It was an interesting program as it gave a couple of scenarios that would cause the COOP to be put into action and it pointed out that on 9/11 it actually was utilized and actually failed to keep the President informed during a crisis or re-establish communications between secure sites.  If this had been a more serious attack on the US, the COOP would have failed the federal government.

Although there are contingency plans in place for continuing government ever since this became a question and actually caused the creation of Amendment XXV which puts in an order of succession for the job of President in case the person occupying that job is incapacitated or dies.  That was ratified into being in 1967 during the Cold War when the possibility of having the entire top of government vaporized at one stroke was something to be considered.

Do we really need more than that?

The Presidential Succession Act of 1947 (3 USC 19) is the Public Law created by Congress to add depth to the existing schema of President and Vice-President set out in the US Constitution and in Amendments XII and XX to clear up issues on elections and Amendment XXV put in place in 1967.  This ability by Congress to do such work is generated through Art. II,  Sec. 1, Clause 6 which provides for the power of Congress to establish such a succession and amended by Amendment XXV Section 3.  The top four people are the President, Vice-President, Speaker of the House and then President pro tempore of the Senate.  This act has been amended to then start in on the Cabinet with the Secretary of State, Treasury, Defense, Attorney General, Interior, Agriculture,  Commerce, Labor, HHS,  HUD, Transportation, Energy, Education, Veteran's Affairs and then DHS.  Would you consider a government headed up by, say, the Secretary of HUD to be legitimate?  How about Education?  Interior? 

I have problems with the Secretary of State but it is at least a major 'Hat' of the Presidential job requirements – foreign policy.  Actual those hats are Head of State, Head of Government, Commander in Chief of the Armies and the Navies, and Chief Pardoner, and if you went with just the 'Hats' then you would get State, Treasury, Defense and AG which is just about where it should end, as well.  Why?  Any government that has suffered the loss of the President, VP, Speaker and President pro tempore has failed in ways that you cannot even begin to imagine and, really, the actual legitimacy of the government falling into appointed and approved position holders is something that even in the Cold War was questionable.  You might get a 'continuity' of government, yes.  The legitimacy of that government, led by unelected officials is lost because this is a Nation that upholds a representative say in selecting our government.

Then there is the part that the program didn't get into: the States.  Each State has its own form of COOP in place and the actual legitimacy of the US federal government comes from the signatories to the US Constitution: the States.  The States had to get approval from their citizens to sign on to the Constitution, and it is those functional governments that are the actual ones who instituted the federal government to act as an arbiter amongst them.  If that arbiter and protector of all of the States cannot protect all of the States and actually has harm fall on to any State due to negligence, incapacity or inability to adequately supply protective measures to all of the States, then the federal government has failed in its main duty: protection of the States.  Each and every State gets a way out of this via the US Constitution and its something to consider at this point when we look at failure of the federal government to protect the States.  This is covered in Art. I, Sec. 10, Clause 3:

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

The Framers of the Constitution did not create a 'suicide pact' but put in this one vital clause which gives the State back its full Sovereign powers.  The ability to do these things, are indicative not of a State but of a Nation as they are the full foreign policy and military powers necessary for the backing of a Nation.  If the federal government cannot protect a number of States from, say, an EMP attack or, via neglect, allows a State or group of States to be invaded, then that State finds itself with its full powers returned to it.  All of the facets of what it takes to run and independent Nation re-appear for events that are so devastating to a State that any delay in response will mean disaster or that disaster has befallen a State and the federal government has proven and demonstrated its incompetence to the point where it can no longer be considered as the trusted arbiter of the powers granted to it.

With the three days to the return of barbarism seen after Super Storm Sandy, Hurricane Katrina and the general decay of infrastructure, the States and federal government must rely on having a population ready to respond to disasters.  A strong and prepared civil population is the greatest strength to the continuity of government, operations and the legitimacy of government.  Fly the elected and appointed officials around as much as you want, but it is the States that hold the cards in a disaster and the trump card is the return of the powers they granted to the federal government which is so concerned about keeping itself going that it has neglected its duties to protecting the States as entities.

Even the relatively lack-luster scenario of an eastern EMP attack shows that the amount of time it takes to get the COOP running is in the days to weeks category.  Talking about a President trying to impose martial law onto States that he or she has neglected, is no longer an act to restore civil order but an Act of War on those States.  A Governor is put into the foreign policy arena and while accepting help from such a COOP government may call for that, it is no longer in the capacity of a Governor of a State but a Head of State: that military arrangement is a treaty and should be treated as such.  At that point in time the Governor may already have had to call upon a civilian militia, utilize police forces and declare martial law, yes, but those are all internal and normal parts of a sovereign Nation to re-organize after a disaster. 

The reason and rationale for letting States retain this responsibility and the power to address it, is so that the federal government is not overburdened with a function it cannot fulfill in whole, in part or at all.  After no regular natural disaster has the US federal government proven to be prompt, efficient, or even capable of dealing with a catastrophe of wide ranging scope.  With FEMA the federal government insists it has a role.  With FEMA it is widening the scope of possibility for its own failure.  FEMA isn't capable of addressing disasters and may only serve as the nucleus for creating a disaster of federal legitimacy.  While it was created with good intentions during the Cold War, no one addressed the fact that the federal government doesn't have the power or capacity to actually deal with disasters, be they the nuclear one of that era or the wide-ranging problems of natural disasters and under-maintained infrastructure of the modern era along with man-made and natural disasters that can cause infrastructure to fail catastrophically.  That EMP burst has all sorts of protection for the military, President, various cabinet level officials, Congress, SCOTUS... you are left SOL and then are expected to go savage and have to be suppressed under martial law.

See how that works?

That is not a system to enhance liberty and freedom, but one created to maintain power over you, not look to you as the source of power and legitimacy.  The most chilling thing I heard was the director of FEMA saying it had the job of 'protecting our way of life'.  I'm sorry, but that is the job of the citizenry and the citizenry is the creator of a way of life, and when its government fails it then continuing on in the old way of life that led to disaster is a non-starter.  If the old way of life produces disaster, then any government seeking to sustain it is not legitimate and not dealing with realities and not seeking the assent of the people as the legitimizer of that power.  Stepping in after a wide-spread failure of government leading to disaster has one result: Sovereign States.  The legitimacy of government shifts to the more local government and if the State government fails then we are in Hamilton's Federalist No. 26:

Schemes to subvert the liberties of a great community require time to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? Is it presumable that every man the instant he took his seat in the national Senate or House of Representatives would commence a traitor to his constituents and to his country? Can it be supposed that there would not be found one man discerning enough to detect so atrocious a conspiracy, or bold or honest enough to apprise his constituents of their danger? If such presumptions can fairly be made, there ought at once to be an end of all delegated authority. The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties in order that they may be able to manage their own concerns in person.

You don't have to be a conspirator to create the conditions of an over-extended military or a government that seeks to impose its will into every facet of daily life.  In this case it is easy to substitute unbridled government in the place of the military and come up with the same formula and result and you don't even need a conspiracy to do it.  Indeed what you need is the belief that laws are forever, that government must continually grow and never recede, and that power devolves downward and is not granted upward.  All of this done out in the open, often with great fan-fare, claiming that government can take care of part of your retirement, or help you in finding that first house to buy, or watch over markets that you should be keeping an eagle's eye upon.   This claim can fairly be made and even demonstrated in our modern times.  Alexander Hamilton proposes that in the event of the disaster of government seeking to impose its will upon the people, that the power to deal with that is not at the State level, but at the county level, the local level.  The US Constitution holds the sweetened condensed version of this in Art. I, Sec. 10, Clause 3, but here Alexander Hamilton points out that if the government failure is wide enough, deep enough and thorough enough, that the only answer is to end the delegation of authority upward and reclaim it at the most local of level possible.

Still, if something like the scenario of an EMP destroying the electronic infrastructure of the eastern US did happen... you have a large number of States involved, at least 23-24 and possibly up to as many as 26-28.  Out of 50.  The federal government, by not helping the States and citizenry to prepare, by not informing the citizenry of what necessary preparations would be and what the likelihood of such an attack would be, would be delinquent in its responsibilities to the States and the citizens.  By not having effective counter-measures, interceptors (and the scenario really does posit something an AEGIS vessel should be able to handle) nor even being able to identify the actor(s) involved, has failed in other, subsidiary duties and directly granted powers to it.

How much has the US government told you about EMP attacks?  How has it helped you to prepare for them? I can name a list of things that can and most likely will happen to North America that the US federal government can't handle and they are just natural disasters.  Yet FEMA isn't prepared for any of them.  It can't handle a good sized large hurricane, yet that is its supposed duty, at which it fails even with small events like tornadoes ruining small towns.  And yet its job is to 'protect our way of life' and that way of life is currently in a dark, dismal failure mode because it refuses to recognize that you are the greatest mover and protector of your own life and that self-government is the most secure and best of all governments as it requires self-restraint.  It has failed on that score and continues to fail on that, continuously.

It isn't the people who are endangering the legitimacy of government at this point, it is the government, itself.  A COOP plan to continue a failure is failure and the promotion of failure as a good thing.  It isn't.  It will kill you if you don't prepare for it.  And failure on such absolute terms delegitimizes the concept: if it was restricted to just protecting the physical US territory then, yes, the President needs to be safeguarded.  The rest?  Elected officials and then appointed officials with an unelected bureaucracy.  The COOP plan for that sort of thing is damned simple: help the States as they request it, ensure that free elections can be held and then find out what the NEW way of life is from people who have gone on a 'back to basics' course across a wide geographic area.  If you can't do that, then you are not backing legitimacy of citizenship and the citizenry to guide their own affairs but seeking to impose a 'way of life' on them that bears little or no relationship to the actual real world circumstances.  Those people in such a disaster-ridden State not only deserve to be free and independent, they have earned it via the lackluster federal system that hasn't supported them and treated them as subjects or slaves and failed in essential duties granted to it.  If we ever got a CONUS EMP or a global CME, then the US just might not be a single Nation any longer but something much closer to a league of confederacies of Free States.

You can have a republic if you can keep it.

Doing that requires paring down the federal government and picking up the slack on your end.  That is non-negotiable to retaining freedom and liberty as well.  Want a United States to be preserved?  Then prepare for disaster and hold government accountable to its misdeeds as no one can do this for you.

Misrule and privacy

Do you have a fundamental right to privacy?

That is to ask: do you have the fundamental right to have freedom and liberty in your movement, your personal information, your associates,  and your transactions without being watched over by government?  In the US there is an exception for being suspected of a crime and requiring a judge to issue a warrant to gather information on you, and that is only for a criminal investigation.  Roe v. Wade ruled that a woman had a right to privacy and that came from the 'emanations' and 'penumbra' of the US Constitution, not solidly rooting it in Amendments IX and X.  Your privacy, which is to say your freedom to conduct lawful business without the scrutiny of government and to have liberty in your own lawful affairs, is rooted in Amendments IX and X, not on the SCOTUS ruling of Roe v. Wade

Today we have two major sections of the US federal government that does not believe in your fundamental right to privacy and feel free to intrude on your affairs, capture data about you and do with it what they please:  DoJ and NSA.  Actually, the IRS has now demonstrated its want for your medical information to run Obamacare and has already seized medical records of millions of US citizens without their knowing about it.  In collecting this information without due process procedures in open court available for public scrutiny, the US government has, in fact, decided that you are subjects and no longer citizens.  Eric Holder's positions as Attorney General of the US is that you have no privacy in your e-mail or online activities, and yet you don't see him ready to put forward the entire DoJ archives of e-mail and traffic records that flow through the Internet from all the parts of DoJ.  Not all of it revolves around criminal investigation and mere administrative e-mails, which is to say procedural and fiduciary e-mails, should be open to the public on demand if AG Holder really means what he says.

Instead you are supposed to be transparent to the government and the government is to be opaque to you, the subject because you have not done the things necessary to remain a citizen.

Now if you think the NSA capture of metadata is benign and can explain why the NSA needs more record space than can hold the entire history of mankind, to date, up to five times over then may I ask: why?  Are you made more or less secure by this activity?  More importantly, if and when government uses such information to malign purposes, say quelling political discontent by some power hungry group or cabal, is your liberty secured or threatened by this data capture?

Do hold that thought for the exact, same question can be asked about the domestic wiretap information garnered by DoJ and your financial and medical records held by the IRS.  Are you safer in your possessions, your effects, your ability to travel, which is to say your freedom and liberty to exercise it as you will with this or without it?  Not just for today, mind you, but in a worst case scenario of malign government deciding to prosecute past crimes that they decree illegal now, because they no longer feel restrained by the US Constitution and are going to be quite able to create ex-post facto laws and then pull up records to see who has to be rounded up.  Data collection is only about today when it is restricted to case work that must start from scratch and the public record.  Yet, in silence, the government has decided that we are all future criminals, and that no one is secure from its scrutiny, ever.

Let us change venue for a moment and go to the Google Glasses and HUD developments of other groups that is starting up in the last six months to a year.  This is Gen Zero of these devices which will augment your reality by offering you a computer display on the inside of glasses to help you better understand the world.  No matter how stylish they become, they are an artifact of on-line use and technology and there are good real world uses to them.  Add in a cell phone connection on-demand and there you have the NSA and DoJ ready to collect your data queries along with your GPS position, and timestamp.  What you want, when you want it and where you want it are now all available metadata to them, and you have decided to write it off.  Isn't that grand?

What would you want out of such a system?

High Definition overlays?  Easily done by installing a camera either at the bridge section over the nose or, if you want 3D object recognition, one each at the base of the arms so you get stereo vision and 3D capability.

Virtual Real World Synthesis?  This is where the cameras on your device begin to automatically filter resolution for re-display either with semi-transparent lenses or meshing up the virtual and real world together for display on the inside of the glasses.

Active object and face recognition?  Boy won't this be handy to call up the publicly shared data on individuals and items, huh?  Never a bad date... and that stalker will be able to figure out if you are armed or not.  Good job, that!  Always easier to target the unarmed than the armed, you know.

Active tracking of finances in real time?  Handy at the store and probably a Version 1 or 2 item to let you find out the UPC code information and maybe look for competitive pricing before you go shopping.  Add in an on-line inventory system and you can even know if you should go to a store or not, based on what you want.  Mind you, they capture that query information and may only make that available to their 'special customers' who agree to give up their shopping habits at that store chain to them.  Which is then sold in bulk to marketers who accumulate all your 'special' purchase information together to more readily target you with ads, on the fly, and to help you 'decided' in favor of certain products and services.  Handy, huh?

Photo and Video Capture?  Full HD resolution photos and video capture, at least locally to start but for those who love streaming this stuff to your FB or other social media account, now your friends will always know where you are, what you are doing, with whom, where you go and how long you stayed there.  Heck, a bit of hacking and they can know how much you spent, too.   Even create a full 3D image of your body, clothed and unclothed!  Just like the TSA!

Cellphone is a given.  Add in a couple of small aural conducting speakers to vibrate your skull so you can hear stuff and maybe wrap the arms a bit around the ears to get microphones close to the mouth with some data augmentation to clear up your voice, and you now have full data capture of what you do.  The cellphone system may become a bit strapped, but there is plenty of spectrum left over from the demise of the old broadcast TV just sitting out there.  I'm sure all of that can be pressed into service in no time at all, legally or otherwise.

Expect all of that in the 5 to 15 year time horizon.

You couldn't live without your cellphone, right?

And as you don't give a flying whoop about government data capture for them, then you certainly won't mind government knowing all of that information I've just outlined, right?

If you want a National Sales Tax, just imagine how easy THAT would be to implement and NOT even require the seller to get it: they can charge you on your purchases DIRECTLY without any of that messy privacy stuff because you signed it away.  Why bother with a middle-man when you can just grab that information DIRECTLY FROM YOU CONSTANTLY.  By giving the government the power to tax individual purchases it is given a reason to collect that data.  And why do it on the bulk side when you can get far more in revue AFTER the mark-up has been put in place?

And finances are not even the start of it.

Messy divorce?  Those details will now never go away because of social media.  Have a lover on the side... and how short a time is it until that is found out?  Paternity test shows that the husband is not the father?  Spend too much?  Spend too much time with friends and neglect your children?  Pregnant?  Every argument that is captured by these devices will be put up for constant reminder to you of your past.  They will not go away.

This will be wonderful for exercise!  Your doctor and the IRS can see just how much of it you do, when you do it, how often and what you do.  Sex, too, of course since that is mere exercise, you know?  What is your favorite position?  How often?  How much?  And if you forgot and kept those glasses where they can see what you are doing, then, really, its your fault, right?

Your private life?  Gone.  And that is if, and only if, you do nothing today to not just celebrate Independence but to BE Independent.

I have a couple of cellphones in the Faraday Cage.  Pay a fee to make sure I can get some connection in the case of a disaster if there are any surviving cell phone towers or at least ones that are powered up and working.  They are a few years old.  I don't use them for non-emergency purposes and I live without them.

Beyond these blogs and a couple of places I sometimes leave commentary, I have no social media connection or contacts.  Period.  No FB, no Twitter, no LI, and that is fully and completely intentional. I keep a public e-mail account by a compromised company, the same one you are reading this from, BTW.  Always glad to use the enemy's tools against them. 

Yes conservatives should be utilizing social media.  I am no conservative.

If you saw the movie Minority Report, you have a sense of how this is going, outside of the putative storyline there are the surroundings of the characters that must be taken into account.  Advertising that is always addressing itself to you as you go through malls, along sidewalks, indeed everywhere there is a camera there is a means to follow and contact you.  Luckily you will be carrying the necessary tracking devices with you in your brand new HUD Mark X!

I cannot live and get the necessary tools for being Independent without making on-line purchases.  You can spin-up real quickly by doing so.  Getting tools, fasteners, raw materials, equipment and the rest of it is done much faster via those channels and doing without them slows up a process that I do not have years to do.  Minimal exposure is about the best I can accomplish.  This isn't the 1970's or 1980's or 1990's, but the 21st century.   This is no longer an era where privacy can be assumed but must be protected actively, by you, against all intrusions no matter how seemingly benign they disguise themselves as for you to agree to them.

And if life extension continues on at its current rate, this sort of thing will not leave you, forever.  No matter if you turn over a new leaf, the moment you do that is recorded.  Your first instance of failure is recorded.  Everything you do, say, purchase, talk to, and every movement you make will be recorded.  At that point you are no longer a citizen nor subject, but a lab rat who is no longer a person, no longer an individual, but just a collection of data to be devoured by companies and government.  Your pluses and minuses as a person all get recorded constantly because you agree to it and actively want it.  You will even pay for it.

Yes, yes indeed you will pay for it.

Forever.

I will do my best to live to the attitude of The Prisoner:

I will not be pushed, filed, stamped, indexed, briefed, de-briefed or numbered.

My life is my own.

I am a free man.

Are you?

What policy in Syria?

Lee Smith notes at The Weekly Standard that Obama's Syria policy is a mess.

I'll go further: Obama doesn't have a policy on Syria.

If we had a policy of doing nothing, we would be doing nothing and Obama would be saying a lot about it.  Instead there is silence.

We have armed the 'rebels' with MANPADs, of course.  Part of the Benghazi debacle that wound up with our Ambassador and 3 others dead was that the US was supporting the transfer of MANPADs from Libya to the Syrian 'rebels' via Turkey.  So there was that policy, which fell flat on its face.  That was the outcome of the Libyan 'policy' which spread al Qaeda and arms into northern Africa with predictable results.  Apparently no one has a real stomach for that sort of outcome with a WMD armed Syria. 

Imagine chemical weapons use spreading through the Middle East by an al Qaeda victorious 'rebel' faction if Obama follows the Libyan policy.

Grand, huh?

So Russia and Iran are backing the Assad regime.

Various others are backing the 'rebels', which are basically al Qaeda backed terrorists and a few renegade military regime members.

And Obama's policy?

You don't really want to back the WMD toting and using Assad.

The rebels aren't what you would call 'westernized' or seeking 'a modern democracy'.

Thus Obama has trouble saying who he would back and why.

So here's an idea that fits with the American tradition and lets you know we have done something, without having to put boots on the ground.

The regime is armed.

The 'rebels' are armed.

The general population is defenseless and unarmed by and large.

It seems that there is one group that really needs protecting that could do a great job on their own if only they had weapons...

The typical US solution?  Arm the population.

A well armed society is a polite society, no?  I mean after the petty tyrants and hot heads get killed off, things get real polite.

That is a viewpoint, of course, and biased on the idea that one's Natural Rights should be backed and that the right to Keep and Bear Arms is fundamental to a civil society, personal defense and liberty for the individual.

Using that the general policy would be: buy up every black market AK-47 on the planet (they go for about $150 used on the black market and are a loss leader), purchase all the surplus ammo (7.62 x 39) that you can get your hands on, photocopy Arabic instruction manuals (French and English to, come to that) and then start airdropping these in cases to every farmhouse, every village, every tent you can get off of satellite.  Leave an additional message that when an area declares itself OPEN and FREE OF THE REGIME AND THE REBELS that more arms and ammo will be airdropped when you leave a BIG SIGN on a nearby hillside or painted on rooftops of SEND MORE, PLEASE.  More or less weekly.

This will:

1) Drain the small arms black market of AK-47s, which has been a big objective of nearly every major power for decades.  Ask Ollie North for help, he can point you to black market arms dealers.

2) It will put a run on AK ammo.  Sorry, that is the way the cookie crumbles.  This is generally a good thing, though, as the regime will be well supplied with 7.62 x 39 and so will the rebels as the AK platform is Russian backed and ubiquitous to any insurgency.  The locals should be able to get more ammo with a few thousand rounds per weapon to start with.  It becomes self-sustaining when rebels or the regime attack such areas with boots on the ground.

3) It breaks up the logjam in Syria no end. The Kurds in Syria have been getting arms from someone (not the US as that would be a rational thing to do, and not the Iraqi government, either, as they are PO'd that this is happening), so with a lot of local reinforcements there should be some fracturing of Syria with a possible aim to creation of a Lesser Kurdistan or a Greater Iraq.  That will distract Iran no end as these areas are generally Sunni in nature, which will change the power balance in the Middle East.

4) It will horrify the Turks as they are backing the 'rebels'.  Sorry, that's payback for what you did with us before OIF.  Obama can point out he is saving them money because it costs a lot to be a part of NATO and the EU.  And sorry about the Kurds getting restless again in Turkey, but, you know, Post World War I treaties and all that.  International Law.  The US didn't sign on to shafting the Kurds.

5) The Left has been so hot about arming those without arms in so many Red areas that it isn't funny.  All under the verbiage of saving 'the people' of a country.  So when you do that directly they will COMPLAIN and it can be pointed out that this is what they have called out for in the past that it isn't funny.  Obama should be good at that, tweaking his old pals and saying that this is the sort of thing they ASKED FOR NOW ISN'T IT?  He's just being ideologically consistent... yeah, as if he had an ideology beyond screw everyone.  But the Left hasn't been well screwed yet and their time is just about here for Obama.  The Royal Shaft of the BOGU group.

6) Obama can jaw about how innocents need to be able to protect themselves against tyrants and terrorists!  And they are Islamic to boot!  America befriends Muslims! Heh.

No this will never happen as it would take a conniving, back-stabbing, double-crossing Lefitst to do this.

Say, wait, don't we have one of those in the White House?

Boy wouldn't that be a great distraction from the NSA, IRS, spy and intimidate YOU policy?  Now people would have something to complain about as he would be FOR gun control at home, but against it abroad.  What a commotion that would cause to try and distract YOU from the spying on YOU scandal and the Amnesty Illegals to Fundamentally Screw YOU legislation that the dipsticks Upon the Hill want to pass to screw YOU over Royally.

Pure and utter chaos would be the result.

Seems that is what Obama wants, no?

So just offering a friendly tip to the President on how to bring it about.

Get a new policy for Syria Mr. President.

Arm the general population.

The "Let Them Figure It Out" policy.

Or the "Lets you and them and those others fight" policy.

Relatively cheap, barely topping a couple of billion which is, what, all the vacations and golf trips the President has taken, combined?  Very cheap as these things go.  Probably has that floating around as excess in someone's budget.  Foreign policy is the President's domain and we aren't actually entering INTO a war, just supplying Humanitarian Aid.  Because the Right to Keep and Bear Arms is a fundamental Human right in need of aid now, isn't it?

This is better than the policy we have.

Because we don't have one.

And, really, do you want to arm al Qaeda backed 'rebels' who love to terrorize the people of Syria?  Haven't they suffered enough under the Assads?  How about letting them have a say in things for once? And you don't even need to 'Nation Build' as you're letting the locals figure out how to do that on their lonesome.  And we get to PO Putin, Iran, al Qaeda, Assad, Hezbollah... wouldn't that be fun?  And they couldn't even complain that we were supplying sophisticated arms, training or much of anything else beyond old fashioned 'vintage' and used AK-47s.  And the Black Market arms dealers will love you until they realize that the US has just made the AK-47 the most expensive small arms to deploy in mass quantities because we bought them all and redistributed them to Syria.  And I do mean every single one that can be purchased by that route: clean out the inventory.  Lock, stock and barrel.  Then start in on the AK-74s.

A well armed people form a polite society.

Want a good outcome in Syria?

Arm the people of Syria to the teeth so that when anyone says anything bad about someone else, the result is immediate and lethal.

Those that are left are polite.

And maybe a bit trigger happy, given, but that gets you that polite society.

Arm them all.  Let them figure it out as WE SURE AS HELL CAN'T.

Process that Preserves

I've written about the problems of the NSA surveillance of Americans in Presumed Guilty, and will switch from that to the man who actually revealed the NSA PRISM program and fled to Hong Kong: Edward Snowden.

I am not going to pre-judge his actions, but note that they are in violation of the law with presumable harm to National Security involved.  Like any other person accused of a crime he deserves his day in court and I recommend that he do come to a US Embassy and publicly relinquish himself for a public trial.  It will take time for the enormity of his actions to hit Mr. Snowden and when that happens it is my dearest wish that he does come in from the cold.

Really that is the best course of action as the one he is on now leaves him open to accusations and no closure that a trial provides.  If he truly believes he did the right thing then, while he does have much to fear from the legal system, it is a system and it has a process to it.  It is a process that preserves rights and liberty of our citizens.

As I outlined in Presumed Guilty, Amendments IV, V and VI put together the legal system to be followed with in the US and it is one of presumed innocence at the start with the onus of proof of wrongdoing falling to the accuser.  It is a process where the accuser must gather evidence, seek warrants for more information from a judge, and present that evidence in a public court so that the accused has an opportunity for a public trial by jury.  There have been numerous prior proceedings involving secrecy laws and the information within them and the procedure of reading on a judge, attorneys and jury is well understood and well known.

Truly the government need only show that the program was compromised.

I presume that Mr. Snowden's defense was that in his view the program was unconstitutional either in its basis or execution, and that his Oath required him to reveal the program to the American people as a whole.  Most of the attention is being put to Amendment IV:

Amendment IV

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.

As Mr. Snowden is pointing out that the NSA collection of information on American citizens in a wholesale manner is not only not allowable without a warrant, but that the whole of the people cannot be suspected for crimes of particulars done by individuals.  Thus even if the FISA court gave a Warrant for such activities, that Warrant is in violation of the Constitution: Warrants are for cases of individuals or small groups, not the entire population of the US.  If the NSA sought such a broad Warrant then it is in violation of the Constitution by seeking such and not narrowing its scope down to particulars and individuals.  If there is a Constitutional breach at that point it can have one of three sources, it it has happened:

1 – Judicial lack of oversight and not putting a narrow scope to data collection to protect the liberty and freedom of Americans.  You are presumed innocent of a crime and when the Executive asks for data on you via a warrant you are then suspected of a crime.  The entirety of the American people cannot be suspected of a crime and it is incumbent on the Executive to narrow the procedure down to likely individuals and their associates, not the whole of the People.  By not recognizing this basic piece of logic, the Judicial branch in authorizing such a Warrant can be found in breach of the Constitution.  At that point the Warrant is rescinded and all individuals not associated with suspected terrorists are removed from the data stores in their entirety, including all back-ups.

2 – Executive branch problems can fall into the area of not interpreting the law correctly and creating an unconstitutional execution of it via programs.  In this instance a law would be Constitutional but the PRISM concept would be violating basic protections and freedoms of the People as a whole and in their individual particulars.  Any program so ill-crafted as to need all of the data on all of the people to find the very few who may be supporting terrorists is so ill-conceived that it points to a basic and systemic problem in not just the program but in those who created and authorized it.

3 – Legislative works are not always found to be Constitutional and Congress may have given a law that contravenes the basic protections of the American people as a whole and as individuals.  The entire scope of the law may be so ill-created and ill-conceived that no one doing the process of approving it in Congress realized just how wrong-headed it was.  However if Congress did craft the law properly, but was not informed of the scope of the resulting program and what it entailed, then that is a failure of the Executive branch to properly inform the Legislative branch about the implementation of the program.  If the law, itself, is the fault then it lies with Congress at the very passage of it and all programs and functions created by it go away, and the data stores are destroyed.  A lack of Executive accountability, however, puts the Executive at jeopardy for not performing a duty to Congress as required by Congress so that Congress can exercise oversight.  In this instance a program and law can be Constitutional but both Mr. Snowden and all who are in the Executive reporting chain can be held accountable for not properly accounting the program to Congress.

These are the possible problems that Mr. Snowden may have seen and the remedy for his defense is not in Amendment IV, the basis for his revealing the program which he sees as problematical, but in Amendment VI:

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

This procedure in which the prosecution hands over all its collected evidence to the accused and opens those items up to further scrutiny by the accused is known as 'discovery'.  When getting a Warrant the Executive seeks to discover more information about someone and when it accuses them that information is then handed over.  That scrutiny is critical because the defense must be allowed access to exculpatory information in the way of witnesses and documents.

In this case the discovery would presumably happen on the PRISM program within the NSA.

The scope of it would be limited to those documents and procedures that detail the entire history of the program from its original emplacement in a Bill and authorized by Congress, to the implementation and creation of it, to how it functioned so that the Executive demonstrates that it is doing a responsible job in executing the program and properly informing Congress of it on a basis set by Congress.

The defense would not actually want much in the way of things like hardware, software, and who is running which piece of equipment as those would be a distraction and not relevant to the defense.  What is wanted is the high level Legislative enabling Bills and then how the Executive processed those to programs, with given scope and necessary high level overview of the program, and then how it proceeded over time.

The defense has multiple ways to demonstrate that Mr. Snowden operated under his Oath and duties to the Constitution and need but show how the scope of PRISM contravenes the power granted to the federal government in any single particular: with just one Constitutional problem he is vindicated.

An accuser has the power of the State behind them, but in this case it would be relatively open and shut if there is a strong belief that PRISM did all of the following:

1 – Is a Constitutional power granted to Congress.

2 – The Executive properly carried out the power that Congress enacted.

3 – The Executive properly ran the program within the scope of the power grant from Congress for the program.

4 – That no Warrants exceeded the Constitutional limits placed upon the NSA.

5 – That the Judicial branch did not improperly authorize any Warrant for the PRISM program.

6 – That the Executive branch kept Congress properly informed about the program so that Congress could give scrutiny to it so that the program was being run to their satisfaction.

Even though 6 is not a killer to getting a guilty verdict, it then opens the entirety of the reporting chain to prosecution.  And that opens up whole bunches of cans of worms because when the NSA goes rogue and lies to Congress, there is a huge problem in the National Security establishment, all the way up to the DNI who said that such programs didn't even exist nor collect data on American citizens.

So it is my dearest and most sincere wish that Mr. Snowden turn himself in because his worries of Triad contacts inside the US political establishment are valid, and drones are not the only thing in the clandestine arsenal that can take out an individual overseas.  And even Russia isn't safe, either, come to that.

If you are a supporter of the PRISM program then you want Mr. Snowden brought in for trial because you believe it will withstand Constitutional scrutiny.  Really, there is little to worry about in that instance if you believe that.

If you are not a supporter of the PRISM program then you want Mr. Snowden to come in on his own and then support him to get the best crack team of lawyers who know the security laws and how to dance them.  People used to chasing down bureaucratic paper trails, using documents to build a defense and showing just what the scope of the PRISM program actually is.  You don't get that with finger-pointing and argument, but with a court case.

And if you simply want Justice to be served, you want Mr. Snowden to come in or be brought in to trial.  If he acted properly in his assessment of the PRISM program, then he will be vindicated and the program shattered in public disclosure after he is found innocent.  And if he is guilty and the program is Constitutional and legally constructed and run, then the security apparatus will ensure that the information in the trial doesn't see the light of day.

If the entire process, including the Judiciary, has been corrupted thoroughly, then a trial will also show that, quite well.

Being on the run is only a temporary phenomena and you either find a safe haven, get brought in to trial or wind up dead because you know far too much and a trial would reveal that and possibly more.  If Mr. Snowden winds up dead, you will know that is exactly the case.  And then we have a real problem on our hands because someone no longer wants the process to preserve the system.

Ideology of Tyranny

Recently I've looked at how Russia has moved from a Communist State to a Police State run by the secret police.  This shift from totalitarianism via political ideology derived from Marx to one derived from the pure use of power is one that is a direct flow, culturally, in Russia dating back to the early Czars all the way to Vladimir Putin.  The horror of such a regime isn't in its biased enforcement of laws to keep a regime elite in power, but in the violation of the social compact with those that merely try to enforce an equality of law upon all citizens.  That is the End Game Against Freedom article that centers on a film documentary by Andrei Nekrasov who recounted the murder of Alexander Litvinenko in Poisoned by Polonium.  Litvinenko attempted to simply put down a moral basis to do his job of law enforcement so that the law could be upheld in a neutral manner.  This was inside the FSB, the secret police organization that traces its roots directly back to the Cheka of the Czars, and he had an entire unit of men who also viewed with horror the things they were being asked to do to keep the regime in power: harass citizens, extort money from businessmen, plant evidence, use blackmail on judges, and even murder those who had the temerity to simply want a common law enforced for everyone.  Not only was the man they were going after inside the police, but he upheld an ideological point of view that Litvinenko's unit was in agreement with.  The men of the unit went on record as to what they had been ordered to do, who ordered them to do it, and why they thought they had been given such orders.  By revealing that the secret police, as individuals and units, had their own, separate funding garnered by extortion and blackmail of businesses, this unit had exposed how a secret police can act secretly even to its own budget to the enrichment of the police officers involved.  From Alexander Litvinenko:

Everyone realizes I don't know any secrets.  The only secrets I know are about organized crime and corruption, and they can't legally be considered state secrets.  Even if I wanted to work for British intelligence, I have nothing to tell them.  How can I be a traitor to my country?

Why are they so angry with me?

Because I have spoken about the one thing that is important, holy to them.  One officer said to me, "You can out all our agents, to hell with them.  We'll recruit new ones.  But you did one deadly thing.  You made public our system of earning money.  Do you want us to use the underground?"

That is why they hate me so much.

In any normal society this would be the activity of organized crime, but in Russia there is a political blending between the FSB and organized crime: between the State and criminals. I went over that in A taste of Oil For Food and its chefs, and it works out like this:  Marc Rich (the man who was on the run from FBI prosecution and who would be pardoned by President Clinton at the behest of Eric Holder) ran in a predatory investment environment so that he was willing to invest in places where there were either sanctions against investing or steep penalties for doing so, so that he could make money off of troubled regions of the world.  Russia, just in the post-USSR period, was very troubled in that it had no foreign cash reserves and its industrial base had no owners and no way to run things.  Organized crime in Russia had cash, and so did Marc Rich and together they were able to get legislation put in place that would allow criminal money to be used for purchasing ex-State run industries.  From that there were three types of owners for these businesses at the start of modern Russia: the State, Organized Crime, and corrupt outside investors.  This is a pattern from Marc Rich of finding raw materials concerns in foreign Nations that have limited access to markets via sanctions, purchasing those goods at a pittance, and then working those black market goods into the grey and open markets.  In Russia this was augmented by a process of 'tolling' which was exchanging goods from the USSR for cash, and not having any taxes to pay for the importation of any other goods.

When dealing with sums involved in such transactions the banking system must be used, and it was (and still is) relatively porous to criminal funds moving through the global financial system. In my article on the Red Mafia and its connectivity, I outline how the Bank of New York was penetrated by at least one organization of the Red Mafia (and because it still has not been thoroughly investigated, no one can say for sure just what the current extent of the penetration actually is nor how many organizations have penetrated it) that was moving $70 billion worth of funds and transactions over a period of years between other Nations and Russia.  Most of that was for Oligarchs, yes, but there are definite tracks that lead to an outfit run by the Chernoy brothers, who used the unique method of not being computerized and having one brother with an eidetic memory to remember where all the paper front companies were.  Literally no one working inside their main front organization actually suspected that the transactions that were taking place were between off-shore companies stood up just for the length of the transaction and then dissolved soon thereafter.  Without a paper trail, no one can be prosecuted, and that unique approach means that just how much illicit money through drug running, extortion overseas, white slavery and murder for hire went through the system is unknown.  What can be said is that one large swindle involving Semion Mogilevich in the YBM Magnex scandal netted $1 billion over its 4 years of operation in cornering the permanent magnet market via illegal trades.  Note that this was the Canadian market that was penetrated by a Russian operation started by a Red Mafia leader in Virginia, USA, with funds then being funneled through the penetrating group of the Bank of New York in NYC and then filtered out to Cypress, where Mogilevich had a holding company, and then filtered into Russia to support his organized crime syndicate that stretched all the way from Moscow to China.

This puts the life and times of Mikhail Khodorkovsky (from Khodorkovsky a documentary by Cyril Tuschi ), which I went through in End of the moral State, into fine focus.  The USSR had no banks, no one had a checking or savings account, nor credit cards, nor owned stock or bonds in companies.  Yet the Red Mafia had been dealing with capitalist regions for decades, faced brutal repression in the USSR and became far more brutal because of the repression.  Khodorkovsky saw the need for a banking system in Russia if it was to make a post-Communist transition, but knew little of what banks were, what they did or how they operated.  Those few with any cash standing up Menatap Bank had to go to Great Britain's banking industry for help on just the basics, and that also led to problems in those early days of keeping track of just where funds were coming from.  Surely funds coming from a well established, well known Western global banking system were secure, right?

Yet that was not the case and Menatap suffered because it was becoming known as a conduit for funds that was not transparent, did not keep open books and was suspected of helping to funnel organized crime funds into Russia.  This was the result as seen from Irina Yasina journalist who worked with Khodorkovsky to help establish his education works and who was the director of Open Russia:

At some point, Yukos was also a non-transparent company.  Minority shareholders were treated badly and no quarterly reports were submitted, like in the West.  That's what it was like in the beginning. After a series of scandals, Khodorkovsky understood:  If you make a company transparent, you attract investment.  He learned from his mistakes and knew this would also make money.  So it was actually a business project.

What happened is that Mikhail Khodorkovsky learned the basis for a capitalist system:  open books and transparency of accounts.  This would wind him up in Siberia, now having his sentence extended by the Putin regime for a third time because he was running an organization that could no longer be extorted for funds.  Both Menatap and Yukos would demonstrate that the fundamental requirement for a working capitalist system is open accounting, transparency and equal application of the law to all businesses with favoritism towards none.  This changed the course of Khodorkovsky's life and businesses from those that were not transparent with few willing to invest, to ones with open transparency and books and loads of investors.  Going from nothing to the richest man under 40 on the planet in less than a decade can be done legally, and Khodorkovsky proved it.  If he had not actually pushed back against the corrupt politicians put in place by the FSB, he would now be the richest man on planet Earth.

What did he run up against?

Again from the Litvinenko film:

In our country, the special services are, in fact, a secret political organization that uses sharp methods, secret methods, not against spies and terrorists, but solely to keep a ruling class in power.  In 1999, for example, to seize power, the FSB used secret methods that are only allowed against terrorists and spies.  If the army were to seize power, they'd roll in with tanks and guns and fly in with jets maybe.  But everyone would notice. The FSB, on the other hand, has secret methods, and nobody noticed anything until chekists made up the government and seized every organ of power.  If the KGB was the armed unit of the Communist Party, then the FSB is the armed unit of – of a caste of corrupt Russian officials.

In the USA, Congress has been willing to hand over more and more policing powers not just to individual agencies (which they are allowed to do) but to larger police organizations which now fall under the Dept. of Justice rubric.  Further the tax collection system has also garnered not only its own policing powers but its own court system, which is run to the interest of collecting taxes, not protecting individual rights and freedoms.  Under the guise of 'financial penalties' Congress has empowered the IRS to use both jail time and punitive fines as coercement techniques and that has now spread via special 'categories' of companies to allow the forceful hand of the elite to put pressure on citizen political concerns.  If the IRS were to seize power by disenfranchisement of individuals through: suppression of freedom of speech,  suppression of freedom of association, intimidation tactics against not just those wishing to start companies but their families, donors and families of donors, discourage the citizen's protected right to directly address government, and then hold the penalty of perjury over any wrong detail... would you notice?

This coercion and intimidation did not start with the election of Barack Obama, no this had started long before that.  Long before Richard Nixon threatened to do this.  Coming from The Federalist #12 (Courtesy: constitution.org) by Alexander Hamilton we get this view on taxation after looking at wartime taxation:

But it is not in this aspect of the subject alone that Union will be seen to conduce to the purpose of revenue. There are other points of view, in which its influence will appear more immediate and decisive. It is evident from the state of the country, from the habits of the people, from the experience we have had on the point itself, that it is impracticable to raise any very considerable sums by direct taxation. Tax laws have in vain been multiplied; new methods to enforce the collection have in vain been tried; the public expectation has been uniformly disappointed, and the treasuries of the States have remained empty. The popular system of administration inherent in the nature of popular government, coinciding with the real scarcity of money incident to a languid and mutilated state of trade, has hitherto defeated every experiment for extensive collections, and has at length taught the different legislatures the folly of attempting them.

And then further on:

In France, there is an army of patrols (as they are called) constantly employed to secure their fiscal regulations against the inroads of the dealers in contraband trade. Mr. Neckar computes the number of these patrols at upwards of twenty thousand. This shows the immense difficulty in preventing that species of traffic, where there is an inland communication, and places in a strong light the disadvantages with which the collection of duties in this country would be encumbered, if by disunion the States should be placed in a situation, with respect to each other, resembling that of France with respect to her neighbors. The arbitrary and vexatious powers with which the patrols are necessarily armed, would be intolerable in a free country.

In the modern USA all attempts to garner more and more money for government by taxation has found that after a certain point the increases become detractions to revenue generation, as was demonstrated by Art Laffer.  Yet tax regulation has gone inexorably upwards, more and more power over personal information is vested in the IRS, and it now has an army of agents willing to roam the land to enforce its own form of political viewpoint AND use arbitrary and capricious audits against not just businesses but individuals as well to both garner revenue and suppress speech.  And as the IRS is the agency put in to the role of collecting your medical information under Obamacare, the inroads and reach of the US federal government into the lives of individuals is about to increase many fold.

This, too, was seen by Hamilton:

What will be the consequence, if we are not able to avail ourselves of the resource in question in its full extent? A nation cannot long exist without revenues. Destitute of this essential support, it must resign its independence, and sink into the degraded condition of a province. This is an extremity to which no government will of choice accede. Revenue, therefore, must be had at all events. In this country, if the principal part be not drawn from commerce, it must fall with oppressive weight upon land. It has been already intimated that excises, in their true signification, are too little in unison with the feelings of the people, to admit of great use being made of that mode of taxation; nor, indeed, in the States where almost the sole employment is agriculture, are the objects proper for excise sufficiently numerous to permit very ample collections in that way. Personal estate (as has been before remarked), from the difficulty in tracing it, cannot be subjected to large contributions, by any other means than by taxes on consumption. In populous cities, it may be enough the subject of conjecture, to occasion the oppression of individuals, without much aggregate benefit to the State; but beyond these circles, it must, in a great measure, escape the eye and the hand of the tax-gatherer. As the necessities of the State, nevertheless, must be satisfied in some mode or other, the defect of other resources must throw the principal weight of public burdens on the possessors of land. And as, on the other hand, the wants of the government can never obtain an adequate supply, unless all the sources of revenue are open to its demands, the finances of the community, under such embarrassments, cannot be put into a situation consistent with its respectability or its security. Thus we shall not even have the consolations of a full treasury, to atone for the oppression of that valuable class of the citizens who are employed in the cultivation of the soil. But public and private distress will keep pace with each other in gloomy concert; and unite in deploring the infatuation of those counsels which led to disunion.

The wants of any government can only be met by totalitarian excesses of control of all parts of the economy: and yet even that will not fund it nor will it guarantee security and, in failing that, it will lose respect and support.

In Russia the secret police (Cheka, KGB, FSB) gained control by infiltrating all levels of law, and then moving into politics to control all levels of the economy.  Taxation plays only a small role in Russia where the population has never had a democratic expression of the popular will without the influence of the elite or organized crime, when the two can be told apart from each other.  Vladimir Putin swindled St. Petersburg, Russia of tens if not hundreds of millions of dollars in what was supposed to be a goods for food arrangement with Western Europe.  The goods went out and he pocketed the cash, and formed a money laundering bank that then reached out to the Colombian cartels.  With that personal money he was then able to help push the FSB forward with political candidates directly FROM the FSB, so that the second generation of laws could be geared towards the FSB and the elite, with the FSB serving not only on the criminal apprehension and prosecution side of things, but also serving as 'advisors' to courts and judges, letting them know who to judge guilty.

In the USA we have a system of politicians using the laws to create an arm of government that reaches into the financial and now health concerns of every American and suppresses attempts by citizens to form organizations to cut all of government down to an accountable size, remove broad powers from unaccountable agencies and their agents, all while trying to keep out of a court system run by and for those same agencies and agents.  On the DoJ side there are abuses of power under the rubric of National Security to wiretap journalists without informing those organizations they are tapping of who they are tapping and why they are tapping them and how long such taps will be used, and for what purposes as is required by law.  Further the DoJ goes 'judge shopping' to find a judge who will sign off on such open-ended, clandestine wiretaps, all to try and find out who the sources for a journalist are when that journalist is exercising First Amendment rights.

That same DoJ is given oversight on running the BATFE and then abusing that privilege by sending unaccountable arms to organized crime across the border and even overseas, without using proper IMEX treaty controls to do so, thus contravening not just federal law but international law as agreed to by the USA and places like Mexico and Honduras.  Those arms then filter back into the USA via those criminal organizations, and has led to the death of Brian Terry and other federal agents inside the USA.  This is only surpassed by the State Dept. running arms to other organized crime organizations in Mexico, moving Libyan MANPADs to 'rebels' in Syria affiliated with the Muslim Brotherhood and al Qaeda and then not bothering to protect Ambassador Stevens when the same jihadi-based organizations we got to protect him then turned on him, thus obscuring just which arms were shipped into and out of Libya and by whom.

Apparently there is another group of elites in the world who see fit to use the government of the USA and its organs against the people of America and who then create disorder overseas via US federal agencies and organs to their own ends which are neither legal nor lawful in any way, shape or form.

Do note that this is caused by both parties in the USA, over a number of decades and slowly built to control not just the lives of American Citizens, but to bring to heel multiple Nations through different means via the utilization of corrupt politicians with the Ideology of Tyranny.

What is that Ideology of Tyranny?

Raw power for the elites in charge to terrorize the lives of the common man on all corners of the Earth.

You can see it in small scale in Russia.

It is about to be on your doorstep and the doorstep of billions of people across the globe.

The only thing to stop it is each of us being awake, pointing out the outlines of such Tyranny, and continuing the civil discourse until the Tyrants can't take it any longer.  Then comes our Natural Right to protect ourselves, our loved ones, our property and our society against the inroads of such Totalitarianism.

And, just so you know, the best form of attack to bring the Tyrants of the world up short: humor, derision, and just pointing out how damned stupid they are to think that power, control and force actually make THEM safe.  There are plenty of fine examples of elites with lopped off heads, spilled guts, sudden attempts to fly out of 10 story windows, and just plain old numbers on their backs so they can be worked to death by the thing they create.  In their attempts to make everyone heel to them, they always forget to heel themselves to any inner guidance beyond all consuming power.  All consuming power consumes all, including those doing the holding.  Laugh at them for their willful ignorance of history, deride them in thinking that a necessary evil can be given good things to do and not become a pure evil, and that societies are created amongst men and governments mere temporary things used to help sustain society and that when government attempts to become society it becomes its own enemy and will soon be attacking itself.

You can't ask Litvinenko about that.

You might get a word from Khodorkovsky.

And you might just want to physically write down that you will not be pushed, filed, stamped, indexed, briefed, de-briefed or numbered.

Your life is your own.

And smile when you do it.

Tyrants hate those who smile in freedom.

It will make you a target, but soon, very soon, the targets will all be pointing in at the elites.  When everyone else is the target, then you aren't in a good situation because it is you that are the violent one and it is you that are in the 10 ring: target all others and you become the target.

And that day is also coming.