{"id":27371,"date":"2012-04-11T12:30:27","date_gmt":"2012-04-11T17:30:27","guid":{"rendered":"http:\/\/www.shotinthedark.info\/wp\/?p=27371"},"modified":"2012-12-20T12:30:28","modified_gmt":"2012-12-20T18:30:28","slug":"chanting-points-memo-how-is-a-bowling-ball-the-same-as-a-spoon","status":"publish","type":"post","link":"http:\/\/www.shotinthedark.info\/wp\/?p=27371","title":{"rendered":"Chanting Points Memo: &#8220;How Is A Bowling Ball The Same As A Spoon?&#8221;"},"content":{"rendered":"<p>It&#8217;s a scenario that&#8217;s launched a thousand &#8220;miscarriage of military justice&#8221; stories and more than a few movies during and after three wars, now; soldier gets into difficult, ambiguous situation; soldier, believing himself to be threatened, shoots. \u00a0Judge Advocate General jacks the soldier up over an arcane technicality in the &#8220;rules of engagement&#8221;, adjudicated by a bunch of officers and lawyers sitting in a secure base camp, an office or the Pentagon. \u00a0And the soldier(s), having followed the rules in all but the one, most arcane, most-technical\u00a0sense of the term, and having acted otherwise blamelessly, get sent to prison.<\/p>\n<p><a href=\"http:\/\/www.shotinthedark.info\/wp\/?attachment_id=26332\" rel=\"attachment wp-att-26332\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright\" title=\"4575208799_e7c6e34c94\" src=\"http:\/\/www.shotinthedark.info\/wp\/wp-content\/uploads\/2012\/02\/4575208799_e7c6e34c94.jpg\" alt=\"\" width=\"252\" height=\"192\" \/><\/a><\/p>\n<p>Some of the dimmer bulbs on the Twin Cities&#8217; Sorosphere&#8217;s intellectual Festivus pole were grunting and argling yesterday about\u00a0<a href=\"http:\/\/thinkprogress.org\/justice\/2012\/04\/10\/460965\/zimmerman-shoot-kill-troops-military\/\">this piece here, from <em>&#8220;Think&#8221; Progess, <\/em>by one Jon Soltz<\/a>, claiming that Florida&#8217;s (and by extension, Minnesota&#8217;s proposed and vetoed) &#8220;Stand Your Ground&#8221; laws &#8220;gives George Zimmerman more protection than soldiers overseas&#8221;. \u00a0 It&#8217;s written by one Jon Soltz, listed as founder and chairman of\u00a0<span class=\"Apple-style-span\" style=\"font-weight: normal;\"><a style=\"font-family: Georgia, 'Bitstream Charter', serif;\" href=\"http:\/\/votevets.org\/\">VoteVets.org<\/a><\/span><span class=\"Apple-style-span\" style=\"font-style: italic; font-weight: normal;\"><em><span style=\"font-family: Georgia, 'Bitstream Charter', serif;\">,\u00a0<\/span><\/em><\/span><\/p>\n<p>&nbsp;<\/p>\n<p>Soltz:<\/p>\n<blockquote><p>The Trayvon Martin case has gripped the nation, and forced the country to re-examine our gun laws. But the horrible affair has struck me in another way, because of my two tours in Iraq. One fact stands out in my mind: The \u201cStand Your Ground\u201d law in Florida, which may let George Zimmerman off the hook for the killing of Martin, gives more leeway to shooters than our own military gives to soldiers in war.<\/p><\/blockquote>\n<p>That sounds serious. \u00a0And it is. \u00a0Seriously misleading, anyway.<\/p>\n<p>We&#8217;ll come back to that.<\/p>\n<blockquote><p>VoteVets.org has more than 105,000 members who take a wide array of views on gun control and the 2nd Amendment,<\/p><\/blockquote>\n<p>&#8230;although the group itself is a left-leaning &#8220;veterans&#8221; group <a href=\"http:\/\/www.sourcewatch.org\/index.php?title=VoteVets.org\">affiliated <\/a>with the whacko-left &#8220;Center for American Progress&#8221;, &#8220;Moveon.org&#8221;, and which is supported by the Soros-affiliated &#8220;Democracy Alliance&#8221;.<\/p>\n<p>But this is less about the organization than about the spreading of chanting points in which Soltz is participating.<\/p>\n<blockquote><p>but the Trayvon Martin case is less about the right to bear arms than it is the \u201cuse of force.\u201d It\u2019s impossible to ignore the legal protection George Zimmerman enjoys in suburban Florida vs. the Rules of Engagement that outline when one of our troops can shoot while in combat in Iraq or Afghanistan.<\/p><\/blockquote>\n<p>Soltz is half right&#8230;<\/p>\n<p>&#8230;well, no. \u00a0He&#8217;s half on topic. \u00a0There is <em>something <\/em>that&#8217;s impossible to ignore.<\/p>\n<p>But comparing rules for self-defense among civilians out and about in a civil society is <em>nothing <\/em>like the rules of engagement for the military in a combat zone.<\/p>\n<blockquote><p>The U.S. military issues\u00a0<a href=\"http:\/\/wikileaks.org\/wiki\/US_Rules_of_Engagement_for_Iraq\">Rules of Engagement (ROE)<\/a>\u00a0for every conflict to guide servicemembers\u2019 ability to protect themselves from deadly threats&#8230;<\/p><\/blockquote>\n<p>&#8230;which Soltz goes on to describe in great detail and, I&#8217;ll presume, accurately (although I&#8217;d love to have some of combat veterans who read this blog go over his version of the ROE just to make sure), he misses a key point. \u00a0And by &#8220;key&#8221;, I mean, &#8220;so vital that his entire point makes absolutely no sense if you get it wrong&#8221;.<\/p>\n<p>Soltz:<\/p>\n<blockquote><p>A\u00a0<a href=\"http:\/\/wikileaks.org\/wiki\/US_Rules_of_Engagement_for_Iraq\">key component of the ROE<\/a>\u00a0used during the height of violence in Iraq in 2007 was the requirement to use \u201cGraduated Force\u201d when time and circumstances permit. Section 3.G.(1) states that if an individual \u201ccommit[s] a hostile act or demonstrat[es] hostile intent\u201d \u2014 meaning he or she attacks U.S. or designated allied forces, nationals, or property, or threatens the imminent use of force against any of them \u2014 U.S. Force \u201cmay use force, up to and including deadly force, to eliminate the threat.\u201d<\/p><\/blockquote>\n<p>Right.<\/p>\n<p>A soldier (or sailor, airman or Marine) in a combat has a <em>lot <\/em>of firepower at hand; a selective-fire assault rifle (sometimes with a grenade launcher), a machine gun (anything from a squad automatic weapon to an M2 .50 caliber or a fully-automatic grenade launcher on top of their Hummer), or more; antitank rockets, grenades, and more. \u00a0They can be supported by tanks with cannon with cannon that can pick your nose from a mile away with a depleted-uranium dart that flies at a mile every second and a half and that can go through a foot of armor steel. \u00a0They&#8217;re a radio call away from calling in artillery &#8211; 40-to-100 pound shells in barrages of dozens of shells that can level a city block faster than a \u00a0bunch of drunk Detroit Pistons fans &#8211; or air support, in the form of Apaches with rockets and automatic cannon, A10s and F16s flying close support, \u00a0dropping 2000 GPS-guided bombs that can fly down your toilet more accurately than the Roto-Rooter guy, or even a B52 that can drop thirty or forty of them, if you <em>really <\/em>need to dig out of a jam.<\/p>\n<p>The rules of engagement are there to make sure that the 19 year old kid with the aweseome responsibility of being at the business end of all that firepower knows how to use it to <em>advance, rather than degrade, <\/em>America&#8217;s interests in the area.<\/p>\n<p>On the other hand, the law regarding <em>civilian <\/em>self-defense is there to judge whether homicide is justified or not. \u00a0In every state, the questions are \u00a0&#8220;is the citizen&#8217;s fear of death, rape, maiming or other injury reasonable enough to justify using lethal force&#8221;, &#8220;was the citizen a reluctant participant&#8221;, &#8220;was the force they used reasonable&#8221; and in some states, &#8220;did the citizen make a reasonable effort to retreat&#8221;. \u00a0In some states, the citizens have to prove all of the above; in others &#8211; Florida &#8211; the state has to prove they didn&#8217;t.<\/p>\n<p>We&#8217;ll come back to that.<\/p>\n<p>Soltz gives an example of how Rules of Engagement caused a problem for one soldier:<\/p>\n<p>&nbsp;<\/p>\n<blockquote><p><span style=\"font-style: normal;\"><br \/>\n<\/span><\/p>\n<p>In fact,\u00a0<a href=\"http:\/\/www.vetvoice.com\/user\/Richard%20Allen%20Smith\">Richard Allen Smith<\/a>, the vice chairman of VoteVets.org, recently told me a story he had heard during his time in Afghanistan, which illustrates this point.<\/p>\n<p>The Scout Platoon leader for Richard\u2019s Battalion was in a situation in 2007 where they detained someone, but he managed to get out of their truck and flee. While he was running away, the Platoon Leader fired at him and caught him in the thigh. They called for a medevac, but he bled out before the bird could get there.<\/p>\n<p>Under military law and rules of engagement, the Platoon Leader was clearly in the wrong: he pursued an unarmed guy who wasn\u2019t posing a threat to U.S. Forces and shot him to death. He was charged (although he was never tried because he was injured a few days later when his truck was hit by an IED and he was deemed mentally incompetent to stand trial).<\/p><\/blockquote>\n<p>I&#8217;m not sure why Soltz brings this up: does he think a citizen would skate on shooting a fleeing attacker? <em>\u00a0As a rule, they would not<\/em>.<\/p>\n<p>But Soltz is slowly cutting to the chase, here. \u00a0He starts out with an honest admission:<\/p>\n<blockquote><p>Of course, comparing the Trayvon Martin case to a war situation is neither fair nor clean, and we still don\u2019t know all of the facts surrounding Trayvon\u2019s death.<\/p><\/blockquote>\n<p>But the facts end there:<\/p>\n<blockquote><p>But insofar as what I\u2019ve read about the case, it sounds to me that if Trayvon had been an Iraqi soldier, and George Zimmerman had been a U.S. Soldier, there would have been an immediate investigation, and most likely a manslaughter charge, and victim\u2019s family financially compensated for wrongful death.<\/p><\/blockquote>\n<p>And that goes to show you the risks in going by &#8220;what you&#8217;ve read&#8221; when, as a lefty (and I&#8217;ll be charitable and assume that Soltz isn&#8217;t <em>purely <\/em>reciting the party line, which, given his groiup&#8217;s funding, is probably more charitable than warranted, but I&#8217;m a uniter, not a divider), the stuff you read is produced \u00a0by groups that are trying to use the Martin case to fan racial tension to boost the President&#8217;s fortunes &#8211; or <a href=\"http:\/\/www.shotinthedark.info\/wp\/?p=27189\">lefty-vetted &#8220;Experts&#8221; who are, in fact, not<\/a>.<\/p>\n<p>If Zimmerman <em>was <\/em>attacked, then under either military law (as Soltz recited it)<em>\u00a0or <\/em>under criminal law, he was arguably justified in shooting. \u00a0I say &#8220;arguably&#8221; because these things <em>do <\/em>need to be investigated.<\/p>\n<p>Was it? \u00a0Do we know the facts? \u00a0As Soltz himself allowed, we do not.<\/p>\n<p>Which doesn&#8217;t justify just making up facts to fill in in place. \u00a0LIke this:<\/p>\n<blockquote><p>But Zimmerman is a civilian in Florida where, as the country now knows, a shooter is often immune from criminal prosecution and civil liability if he believed he had been threatened with deadly force.<\/p><\/blockquote>\n<p>But <em>only if the investigation shows that the evidence warrants that conclusion<\/em>. \u00a0After &#8211; y&#8217;know &#8211; due process, according to the law passed by the relevant legislature. \u00a0Same as in the military!<\/p>\n<p>Yes, I did say &#8220;making stuff up&#8221;:<\/p>\n<blockquote><p>One of the striking components of Florida\u2019s \u201cStand Your Ground\u201d law \u2014 or, more appropriately, \u201cShoot First\u201d law \u2014 is that it eliminated the \u201cduty to retreat\u201d embedded in centuries of common law about self-defense. Traditionally, a person had the duty to retreat from dangerous situations if they could, and the use of deadly force was justifiable self-defense only if a person could not have otherwise safely gotten away.<\/p><\/blockquote>\n<p>Except that&#8217;s both not true &#8211; it&#8217;s not &#8220;embedded in centuries of tradition&#8221;. \u00a0It&#8217;s a feature of <em>some <\/em>self-defense laws. \u00a0Not others. \u00a0They vary. \u00a0And simply saying &#8220;it was part of common law&#8221; isn&#8217;t a <em>carte-blanche<\/em>\u00a0guarantee of validity; slavery was a part of &#8220;common law&#8221;, until it wasn&#8217;t anymore.<\/p>\n<p>&#8220;Duty to Retreat&#8221; is not a feature, it&#8217;s a bug; it means that the citizen is supposed to make a &#8220;reasonable&#8221; effort to disengage (which, when you&#8217;re a civilian with a carry permit, is always a good idea even if it&#8217;s not a legal requirement). \u00a0Reasonable according to whom? \u00a0If you have a bad knee and your attacker is 18 and faster than you? \u00a0If you are outnumbered? \u00a0If you are in a stopped car and someone points a gun at you? \u00a0What is the &#8220;reasonable&#8221; course? \u00a0The answer &#8211; under the law in half of the states &#8211; is ambiguous, and entirely at the discretion of a county attorney. \u00a0It&#8217;s ambiguous.<\/p>\n<p>And ambiguity makes bad law &#8211; just as it makes for lousy orders for soldiers. Which is why Rules of Engagement are so detailed.<\/p>\n<p>Soltz claims that &#8220;Stand Your Ground&#8221; gives citizens more protection than it gives soldiers in the field. \u00a0Leaving aside the apples-and-axles non-sequitur of trying to compare the situations, he&#8217;s 180 degrees wrong; &#8220;Stand Your Ground&#8221; removes ambiguity from the citizen&#8217;s case, giving them <em>a similar standard <\/em>(not &#8220;the same&#8221; &#8211; combat and self-defense are not the same) as the soldier has.<\/p>\n<p>It&#8217;s another entry in the library of chanting points the left is trying to use to keep the Martin case alive as a wedge issue.<\/p>\n<p>Read Soltz. \u00a0Judge for yourself.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It&#8217;s a scenario that&#8217;s launched a thousand &#8220;miscarriage of military justice&#8221; stories and more than a few movies during and after three wars, now; soldier gets into difficult, ambiguous situation; soldier, believing himself to be threatened, shoots. \u00a0Judge Advocate General jacks the soldier up over an arcane technicality in the &#8220;rules of engagement&#8221;, adjudicated by [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63,22,9],"tags":[214,195],"class_list":["post-27371","post","type-post","status-publish","format-standard","hentry","category-lefty-alt-media","category-victim-disarmament","category-war-on-terror","tag-martin-zimmerman-case","tag-stand-your-ground"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/27371","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=27371"}],"version-history":[{"count":7,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/27371\/revisions"}],"predecessor-version":[{"id":27386,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/27371\/revisions\/27386"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27371"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}