drieuxster (drieuxster) wrote,
drieuxster
drieuxster

should americans learn about law?

It was somewhat a telling time talking with a cowOrker who is USMCinRecovery, since as we all know, there are no-ex-jar-heads, only ones in recovery, and he was raising the problem of pirates and the scary part about how as we were dangerously engaged in the threat of trial by a jury of our peers in an american law court, in spite of the fact that as Somalians, they are from the first nation to successfully 'go galt' and opt out of the rule of law.

Or at least that ugly red socialist law where the National Socialist Marxists impose the law of the state based upon the rules laid down by a legislative body that is elected by universal suffrage, and then tried by the rules of evidence in a court of law, where if you are not able to afford one, the court will be obliged to provide you with a lawyer to plead your case.

I present this, because, well, there are many problems with the idea of 'just allowing the firing squad on the fan tail' to solve the problems, well, gets problematic. There are of course FM 27-10, the law of land warfare which would be applicable to american combat forces acting on the land, and, gosh, there is also, NWIP 10-2, the law of naval warfare which has been the traditional american naval heritage by which the obligations at sea are defined, and yes, you should note that it does clarify that when combat forces afloat are engaged in military operations ashore they are obliged of law of land warfare. So please, save me that draft dodger mythos that there is no law in war time. Because any JAG worth their salt will tell you that at best you are an organic farming support subsystem.

For our young readers, yes, you should know that Admiralty Law is clearly distinct from The Law of the Sea, and that we should at some time take the time to understand the minor distinctions. The critical distinction is that persons detained are dealing with clearly different legal matters.

Allow us to pause for a moment and ask our TeaTardianistaFriends, if they really want to grant to Obama some majikal right to allow the navy press gangs to show up and drag their scrawny asses out into international water, wherein they could be deemed enemies of the state, or what ever legal flatulence they would prefer, and have the local contingent of marines turn them into chum? ( a coloquialism for fish food, also used as fish bait, but as there is no requirement that the USN show an ROI on their recycling.... we would, shall we say, list this as just one more moment of Green Peace, and send them on to their just, uh, deserts! )

Clearly if the TeaTardianists are going to require that we pause and consider:
Was there a crime actually committed.
And were the persons in the dock the persons who did commit such a crime.
then have they themselves not already established that in spite of their playTensese to 'going galt' they really like all of that falteral that goes into Admiralty Court! Why gosh, if it were their Junk that the court was going to turn into FishFood, why they might even demand that there be powdered wigs and everything.

That having been said, there are the problems with Somalia, et al, where the problems of the free market have raised two interesting sets of problems: How Somalia's Fishermen Became Pirates where there is this nasty bit:
Beyond illegal fishing, foreign ships have also long been accused by local fishermen of dumping toxic and nuclear waste off Somalia's shores. A 2005 United Nations Environmental Program report cited uranium radioactive and other hazardous deposits leading to a rash of respiratory ailments and skin diseases breaking out in villages along the Somali coast. According to the U.N., at the time of the report, it cost $2.50 per ton for a European company to dump these types of materials off the Horn of Africa, as opposed to $250 per ton to dispose of them cleanly in Europe.

Read more: http://www.time.com/time/world/article/0,8599,1892376,00.html#ixzz1650BPYj7
oh me, oh my! what would our average TeaTardianista, who is fighting against the red socialism of nationalist Obamanism do if those Cheese Eating surrender Monkies, like BP OIL, were dumping toxic waste and destroying their private lively hood? would they truly go galt? you know like the somalians, who are acting as if the outside world were all of them thar folks who had never read atlas shrugged? Or would uh, they embark upon...

Demanding that some collection of Welfare State Queens be sent out by the Godless Obamanites to persecute them thar folks who was merely defending their Organic Free Range Natural Life Style.

I mean, we as americans know what it means to be americans, and that rather than standing around like a bunch of no good lay about lazy welfare queens waiting for the government to hold organizations, like major oil companies, hostage, for ransom, so that they could get their part of that red socialist welfare state pie to compensate them for their inconvenience, that they would, in true all american entrepreneurial post-NRA way of life have built up their own maritime liberation force and gone out there with not merely the rifles and assault weapons that red liberals like the NRA allow, but also the RPG's and explosive devices which the 1934 Firearms Act prevents them from owning.

Oh, uh, for some reason google is not able to show me any illustrations of the Most GLORIOUS of all military victories by TeaTardianista against the Godless BP Oil in the most recent off shore dumping problem, that lead to the destruction of local fisheries and the local economies. One can of course only conclude that this proves that Google is some sort of Red Communist National Socialist Obamanite Hatred of FeeDome!

Or it could be that there are some gravely unpleasant differences between the monolithic liberalism of TeaTardianism, where they have never really had to live in the land of technicals, nor had to live in that level of 'free market' system where there is not yet even a notion of Equitey as law in their happy little blains. oh me, oh my, how could that be.

So what if the real problem in all of this is that there has been 'piracy' and that it has been a problem that has been addressed for many years. ( cf piracy hot spots - a pdf ) So please, it is not really like the clinton-gore regime majikally bought piracy back into fashion. It has been a problem in the oceans off of casts the USofA, and normally limited to small craft, and that with regards to the drug trade. Where of course it was not really the media stopping moments, like finding out that the president was not a white christian american.

So let us decide which side of which game we were intending to be playing on.

Do the TeaTardianista really want to pimp it old school that they support the totally unregulated free trade swash buckling ways where it does not matter who destroys what, as long as the free market system is protected. I of course would highly recommend that you really do read Imperialism, the Highest Stage of Capitalism by V.I.Lenin, and yes, please do resolve the part of the problem about monopoly capitalism as you find your way to your war fighting position! Since I remain under convinced to date, that any teaTardianista really believes any of their so called lassiez faire capitalism, since, well that is a french term and the KulturKampfGruppen would label that as some sort of cheese eating surrender monkey stuffiePooh.

And yes, I really do hate to keep reminding americans, but the UCMJ does not just hang out there in some sort of mythological lawless land where el presidente is allowed to call for any kill on anyone whom he designates as an enemy of the state, and therefore he is lawfully allowed to send any of the Killer Folk, to, well KILL THEM, on his royal orders, since as God's Divine Vicar On Earth, god has granted him majikal powers.

But, uh, well, what is law under UCMJ is law that is reviewable under american courts. Which yes, does mean that it is open to appeal to the american appellant court system. Which, why gosh golly scary bits, means that the case could result in argument before the US Supreme Court. Oh ME! Oh MY!

Why that would mean that some how the supreme's had a special place in the process that was not merely, uh the purview of the Great War Lord! Which, oh me, oh my, for our defeatist stab the troops in the back, teaTardianistsa would of course be Obama.

All of which drives to the simple position I hope we can all agree on. Namely that the US Military is not the special ThrillKillDeathSquad of El Presidente!

Oh me, oh my, why that would mean that such organizations as the USN were under the obligations of law, even if they were dealing with alleged Pirates. Because as we know from the evidence to date, some of them wish to argue that they are in fact the 'coast guard' of the state of somalia. And would we want any of our coastie friends tried in some ferrign devil court merely because their godless religious fanatics hated america?
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