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by srothstein
Sat Jun 08, 2013 1:11 pm
Forum: General Texas CHL Discussion
Topic: 7 killed at Ft Hood shooting
Replies: 376
Views: 52645

Re: 7 killed at Ft Hood shooting

I think the court will ban the defense of others argument. It is a confession to a crime which would result in the conviction for treason. Note that in Article III, Section 3 of the US Constitution it says:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
There is little doubt that the Taliban is the enemy of the US in a legal sense. It does not require a declared war, just the fact of being the enemy. Defending them by use of violence, or even without violence, would be adhering to the enemy. If he raises this defense during a trial, he has confessed in open court to treason.

Most of the time when I see people yell about treason, such as Obama or Bush doing something, it does not meet the legal definition. Behavior against the best interests of the US is not treason. Even traitorous behavior may not be treason. But defending the Taliban by use of violence is about as clear cut a case of treason as I can think of.
by srothstein
Thu Nov 12, 2009 11:50 pm
Forum: General Texas CHL Discussion
Topic: 7 killed at Ft Hood shooting
Replies: 376
Views: 52645

Re: 7 killed at Ft Hood shooting

On a different note, I have a request. I was talking with some people on another forum and found that the soldiers shot at Ft. Hood and the ones killed in Arkansas are not eligible for the Purple Heart. It requires that the act be international terrorism, which is defined as having occurred outside the US. I think this is wrong so I sent the following to both John Cornyn and Kay Bailey Hutchison:
I recently found that the soldiers shot at Ft. Hood will not be eligible for the Purple Heart medal since the terrorist attack occurred inside the US.

I think these soldiers and the ones killed in Arkansas recently both deserve to be properly recognized. Could you sponsor a change to the law to make them eligible for the Purple Heart. It could be one simple line to add persons injured as a result of acts of domestic terrorism after Sep. 11, 2001 (many of our awards started on that date).
I kind of sidestepped whether or not this is a terrorist act by assuming it was. Even this change may not make them eligible if people continue to deny this was terrorism. But there is no way anyone could truly deny the Arkansas recruiting station incident. I think this change should be implemented even if this incident does not get ruled terrorism.

So I am asking all of you to also send notes to the Senators if you agree. I did not send it to my representative since I don't think he would support it anyway, but you could add your representative if they would support it.
by srothstein
Wed Nov 11, 2009 11:13 pm
Forum: General Texas CHL Discussion
Topic: 7 killed at Ft Hood shooting
Replies: 376
Views: 52645

Re: 7 killed at Ft Hood shooting

Purplehood wrote:Please explain to me how I am going to run in my PT shorts, t-shirt and tennis shoe with my weapon. Have you ever been in a unit that tried it?
You got to run in PT shorts? When I was in, our PT uniform was our fatigue uniform without the shirt or hat. I remember many times when we would fall in for morning formation and the commander would tell us to remove our shirts and hats and then we would go for a run. I also remember running in full uniform while carrying a rifle. It really is possible to go through a unit's full PT routine while armed.

I also hated those days and really am glad the Army has change to proper running gear for PT. Combat boots are really hard on the feet and legs when you run long distances in them.

To be honest, of all the time I was in, the only parts about being disarmed that bothered me were the checking of private weapons into the arms room instead of keeping them in my barracks room. I never complained about it, because the part that bothered me wasn't where it was kept but the hassle of getting it when I wanted to shoot. The truth is that I accepted all of these impositions and many more because that is what you do when you are a soldier. You understand that you give up many of your rights in order to serve. We may be asking why the soldiers were disarmed, but I bet the thought doesn't even cross most of their minds.

As to the academic discussion of why they get disarmed and whether or not it is right, I will add a few minor points. I know why the issue weapons are kept in the arms room. It is truly the only way to keep track of the government property. There are way too many cases of property being lost or stolen (or pawned). Look at how the public reacts when a police van is broken into and weapons are stolen. Consider the same thing multiplied by the number of soldiers and the reputation of the military.

On the private weapons, there are a lot of points. If I were a base commander, my soldiers would obey whatever the state laws are. I would let people with a CHL carry. I would probably still restrict the possession in barracks (or require the weapon be properly secured in a safe), but people who live off base or in quarters would have their own.

I am aware of the risks, as one of my friends was killed when the squad was at a member's house off base and they were showing their pistols around (MP's are probably a little more gun guys - fans not experts - than the average cop). The problem is that they are kids (most under 21, very few over 25 - and I look back now and say kids though I would have argued then) and they are not as safe as they could be. There was also alcohol (cops and soldiers both drink as a general rule) and obviously the two don't mix. Someone thought the gun was empty (we know better) since it had been shown around to four or five people before he got it. When he pulled the trigger, there was still a round in the chamber and it hit the soldier in the spine.

I would be willing to run that risk for soldiers, but I can understand the Army not be willing to do so. Look at the investment they have and their attitude towards protecting that investment. Look at their programs on motorcycles as one example. If they thought they could get away with banning motorcycles for soldiers, they would. They know they can't so they make it really hard to register a bike on post or ride it (must have helmet, long sleeve jacket, gloves, MSF rider course, and reflective vest - good advice, but carrying the mandatory a little far). They can get away with banning carrying of weapons, so they do. They still allow personal ownership and use, just ban carrying for safety (in their mind).

With any decision, there are always risks to both sides. In the case of Major Hasan, the guess worked out wrong. But we have no way of knowing how many soldiers are alive because the risk worked the other way, unlike my friend.
by srothstein
Tue Nov 10, 2009 1:03 am
Forum: General Texas CHL Discussion
Topic: 7 killed at Ft Hood shooting
Replies: 376
Views: 52645

Re: 7 killed at Ft Hood shooting

joe817 wrote:"U.S. Monitored Fort Hood Suspect Before Shooting"

http://www.nytimes.com/2009/11/10/us/10inquire.html" onclick="window.open(this.href);return false;
I have to wonder about this. A different article I read said that the FBI had monitored the ten attempts of Hasan to contact a radical Imam who had just been released from prison. They felt there was no threat and never notified the Army.

A commissioned officer on active duty in the Army tries to communicate with the enemy and the FBI sees nothing wrong with this. I thought they knew what treason was and would see something to investigate in this area. I would have assumed they are aware of psychological warfare (PSYOPS) since they have used it. The primary duty of this major was to treat soldiers who might be having mental problems from their war, and they saw no problem in his contacting the enemy. Someone has a LOT of explaining to do.
by srothstein
Mon Nov 09, 2009 2:52 pm
Forum: General Texas CHL Discussion
Topic: 7 killed at Ft Hood shooting
Replies: 376
Views: 52645

Re: 7 killed at Ft Hood shooting

frazzled wrote:Can someone with more expertise help me out here.
Am I correct in that she was a civilian police officer?
This was on the base itself correct?
If so 1. where were the MPs shooting at the guy? 2. How did she get on the base? I am not understanding how this works. :headscratch
The Army is in the process of converting from MP's patrolling posts to hiring federal civilian employees for law enforcement duties on base. Officer Munley was one of the Department of the Army Civilian Police on patrol. Since there are so many divisions at Ft. Hood, there were also MP's on patrol and they also responded. She just happened to be the closest unit when the call came in. From what I read, about 40 MP's also responded to the scene, it just took them a little longer to get there from where they were on base (It is a BIG base).

The MP's are switching over to more of their combat role in Iraq and Afghanistan.
by srothstein
Mon Nov 09, 2009 12:18 am
Forum: General Texas CHL Discussion
Topic: 7 killed at Ft Hood shooting
Replies: 376
Views: 52645

Re: 7 killed at Ft Hood shooting

Ghostrider, definition 2 would specifically exclude this from being terrorism. Note that it must be against "non-combatants" and this was against uniformed soldiers on duty. The one civilian was employed by the military. given that the medical personnel are non-combatants only under the Geneva Conventions (which does not apply to this war), then the people were all combatants.

We would also have to prove that the major was a clandestine agent. We don't quit eknow that.

I think it was politically motivated and I consider it terrorism, but proving this in a court of law, using the law may be much different from my opinion.

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