The Discerning Texan

All that is necessary for evil to triumph, is for good men to do nothing.
-- Edmund Burke
Thursday, September 06, 2007

How Lawyers are Endangering the Rest of Us

No, I am not talking about ambulance-chasing plaintiff's attorneys who are closing emergency rooms and driving OB/Gyns out of business; I am not talking about lawyers who--with their help from Clinton appointed activist judges--are making a mockery of our attempts to enforce our borders and our soverignity; I am talking about lawyers who are putting us in ever greater danger of losing our lives in a terror attack. Glenn Reynolds has more:

So I'm reading Jack Goldsmith's new book, The Terror Presidency: Law and Judgment Inside the Bush Administration, and so far it's quite good. Excerpt:

It is unimaginable that Francis Biddle or Robert Jackson would have written Franklin Roosevelt a memorandum about how to avoid prosecution for his wartime decisions designed to maintain flexibility against a new and deadly foe. . . . Many people think the Bush administration has been indifferent to wartime legal constraints. But the opposite is true: the administration has been strangled by law, and since September 11, 2001 this war has been lawyered to death.

Read the rest. Maybe Napoleon was on to something...

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DiscerningTexan, 9/06/2007 10:07:00 AM | Permalink | |
Wednesday, August 29, 2007

This is PROGRESS Protecting our Borders?

An absolutely infuriating video from the AP, detailing the abysmal situation in Laredo, TX, in which the Sheriff of Laredo states "we are outgunned" by the Drug Cartels.

If a nation cannot protect its own borders, it cannot defend itself. I keep hearing that we are moving to protect the borders, but from what I can see the only thing that is changing are the faces making those claims. (h/t Allah for the video).

Interestingly, even Mexico protects its borders more effectively that we do.

There is a reason why the lame attempt to ram through the watered down amnesty bill caused an uprising of the electorate such as has not been seen in years. The reason is this: the American people are sick and tired of this crap. The sooner that our so called "leaders" recognize this, the better.

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DiscerningTexan, 8/29/2007 06:26:00 PM | Permalink | |
Saturday, August 04, 2007

Pelosi's Quandry

Now that the Senate has passed a National Security bill that includes giving the President the revisions to the FISA laws he needed, Nancy Pelosi is in a real fix. Generallisimo Duane explains:

Speaker Pelosi is in a very untenable position. She now bears entirely the weight of improving the national security of the United States. She will try to spin it differently, but every moment she waits, trying to find a political way out of the predicament she finds herself in, she is vulnerable to being held responsible if something really bad happens here. If the McConnell-Bond bill were to pass the House, it would be signed immediately by the President, and become law that second. There is no implementation delay. As soon as the ink is dry, Admiral Mike McConnell can start changing procedures he deems vital for the protection of the country at once.

So what are Pelosi’s options? She could bring up the bill as is, with no amendments, and call for a vote. Considering the number of Democrats in the Senate who helped it pass, it's almost certain to pass the House. But if Pelosi plays games with this, or if one comma is changed in the House version, the bill would have to go to a conference committee, which can’t now happen anytime soon because the Senate has recessed. They’ve done their job. Pelosi has to pass the bill as is. We hope she sees this and does what’s better for the country than satisfying her ACLU base.

Here’s her conundrum, however. If Pelosi does push this bill through, which she almost certainly has to, she will send her members home after the vote for their August recess to face a base that will be just as angry, just as ramped up as the Republican base by and large was during the recent immigration debate. Will she have the courage to stand up to her kook fringe and do what’s right? Will she be able to regain control of the reins of the House of Representatives after she so badly mismanaged it this week? Or is she so beholden to powerful lobbies within the Democratic base that she will turn her back on the national security of the country to placate the left wing fringe? We’ll stay tuned and report.

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DiscerningTexan, 8/04/2007 06:14:00 PM | Permalink | |
Wednesday, July 18, 2007

Why the President should reverse course on the Law of the Sea Treaty

Yesterday I pointed to an article (which I agreed with) asserting that President Bush has been a good President in places where it really counts. Unfortunately today (thanks to Glenn Reynolds) I see that there is yet another item where the President needs to rethink his approach. In a TCS article appropriately named "White House LOST at Sea" Pejman Yousefzadeh points out the President Reagan refused to sign on to the UN-sanctioned Law of the Sea Treaty--and why Bush should also refuse to do so, despite the best efforts of John Negroponte to push the treaty through:

As Carrie Donovan points out, the Treaty allows for the regulation of intelligence and submarine activities even when they are conducted in territorial waters. Additionally, the Treaty's mandatory dispute resolution provisions under the auspices of the United Nations naturally raise sovereignty questions and the fact that the United Nations is hardly a model international institution does little to raise one's confidence in placing jurisdiction on maritime issues in the hands of the U.N.

Over three years ago, Doug Bandow highlighted additional problems with the Treaty, including the fact that the United States would be putting up approximately 25% of the funds for the International Seabed Authority, which would regulate mining and mineral extraction, while at the same time receiving an inordinately small share of voting rights. This, as Bandow notes, is a typical problem with U.N.-sponsored institutions; they rely heavily on American funding while denying the United States the commensurate amount of power to influence the activities of those institutions. In addition, while the Treaty has some attractive provisions regarding freedom of navigation, there is no impediment whatsoever to America's power to navigate the high seas now or in the immediate future given the overwhelming state of American naval superiority. So in the end, the Treaty's guarantees of freedom of navigation do little—if anything—to advance American interests.

I hate to sound so reductionist, but we are almost to the place where if John Negroponte (or anyone else at the State Department..) favors a proposal, it should automatically be tossed in the trash. I think we need to urge the President and the US Senate (which ratifies treaties) to adhere to their oath and look out for the best interests of America first--and that means not ratifying the Law of the Sea Treaty. Let's send this one to a deep, watery grave.

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DiscerningTexan, 7/18/2007 12:38:00 PM | Permalink | |
Tuesday, July 17, 2007

THIS is why we have to CLOSE the Border

From ABC News (h/t Captain Ed), an exclamation point to the immigration debate:
The FBI is investigating an alleged human smuggling operation based in Chaparral, N.M., that agents say is bringing "Iraqis and other Middle Eastern" individuals across the Rio Grande from Mexico.

An FBI intelligence report distributed by the Washington, D.C. Joint Terrorism Task Force, obtained by the Blotter on ABCNews.com, says the illegal ring has been bringing Iraqis across the border illegally for more than a year.

[...]

The FBI report, issued last week, says the smuggling organization "used to smuggle Mexicans, but decided to smuggle Iraqi or other Middle Eastern individuals because it was more lucrative." Each individual would be charged a fee of $20,000 to $25,000, according to the report.

The people to be smuggled would "gather at a house on the Mexican side of the border" and then cross the Rio Grande into the U.S., the report says.

"Unidentified individuals would then transport them to train stations in El Paso, Texas or Belen, New Mexico," according to the FBI document.

At least 4 of the 19 hijackers on 9/11 were in the United States illegally. So what part of "this is an issue of vital National Security" does our Government not understand?

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DiscerningTexan, 7/17/2007 08:17:00 PM | Permalink | |
Sunday, June 03, 2007

A Reasoning Idea from Reason

In the Illegal Immigration Bill currently awaiting Senate return from Memorial Day festivities, there is this notion that employers will become defacto government agents tracking the citizenship of their workers. Kerry Howely, of Reason Magazine, uh, well, reasons this out thusly: if the reason for stronger border security is for Security, then . . .
the employer-as-border-patrol-agent makes even less sense; it presumes that terrorists come here to work.
The fear is that once the government gets a liking to their unaccountable nature of deputizing every employer that would hire immigrants, legal or not, what's to keep the government from requiring these same checks on native or naturalized citizens? Unaccountable power is the ultimate elixir of all elected officials. We may all be clamoring for something that will shut our mouths forever.

If it's security we want, then we might ought to point our elected officials down another cow trail.

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Nancy Coppock, 6/03/2007 02:30:00 PM | Permalink | |
Thursday, May 17, 2007

What They are NOT telling you about that Comey Testimony

In its analysis of the Comey testimony before the Senate on the NSA surveillance question, the Wall Street Journal took a really radical step that is almost unprecedented in today's sycophantic Stalinist news environment: they actually read the transscript:

The implication is that the White House was trying to lean on Justice to do something illegal. But listen to what Mr. Comey actually said as Mr. Specter questioned him. Was he pressured by Mr. Card, Senator Specter asked? No. "I don't know that he tried to pressure me, other than to engage me on the merits and make clear his strong disagreements with my conclusion."

Did they threaten him, or suggest he could be fired? "No sir, I didn't feel threatened, nor did he say anything that could reasonably be read [as threatening]." And what about Mr. Bush, did he twist arms in the Oval? Through FBI director Robert Mueller, Mr. Comey explained, "The President said the Justice Department should do what the Department thinks is right."

So where's the smoking gun here? When the program was reauthorized by the President alone, Mr. Comey and others planned to resign in protest. So, Mr. Specter asked, does that mean the program went forward illegally? Again, negative: "The Justice Department's certification . . . was not [required] as far as I know." That's because, as even Mr. Comey conceded, many judges and scholars believe a President has the Constitutional authority to approve such wiretaps, especially in wartime.

In other words, per Mr. Comey's testimony, nothing illegal was done, he was never threatened by White House officials, and the President told him to do what he felt was right. The Gonzales-Card hospital intrusion was unusual, and politically unwise, but their motive at the time was to gain approval for a program the President thought vital to national security and was about to expire.

Any questions?

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DiscerningTexan, 5/17/2007 12:54:00 PM | Permalink | |
Sunday, May 13, 2007

What Fortress??

Mark Steyn finds the catch phrase "Fortress America" extremely wanting these days... and who can blame him?

Tough, you say. So what? Washington still has no dog in these fights. It's time to hunker down in Fortress America. Which brings me to the fourth lesson: What fortress? The three Duka brothers were (if you'll forgive the expression) illegal immigrants. They're not meant to be here. Yet they graduated from a New Jersey high school and they operated two roofing companies and a pizzeria. Think of how often you have to produce your driver's license or Social Security number. But, five years after 9/11, this is still one of the easiest countries in the world in which to establish a functioning but fraudulent identity.

Consider, for example, the post-9/11 ritual of airline security. You have to produce government-issued picture ID to the TSA official. Does that make you feel safer? On that Tuesday morning in September, four of the killers got on board by using picture ID they'd acquired through the "undocumented worker" network in Falls Church, Va. Half the jurisdictions in the United States issue picture ID to people who shouldn't even be in the country, and they issue it as a matter of policy. The Fort Dix boys were pulled over for 19 traffic violations, but because they were in "sanctuary cities," any cop who suspected they were illegals was unable to report them to immigration authorities. Again, as a matter of policy.

On one hand, America creates a vast federal security bureaucracy to prevent another 9/11. On the other hand, American politicians and bureaucrats create a parallel system of education and welfare and health care entitlements, main- taining and expanding a vast network of fraudulent identity that cor- rupts the integrity of almost all state databases. And though it played a part in the killing of 3,000 Americans, leaders of both parties insist nothing can be done to stop it. All we can do is give the Duka brothers "a fast track to citizenship."

The Iranians already are operating in South America's Tri-Border area. Is it the nothing-can-be-done crowd's assumption that the fellows who run armies of the "undocumented" from Mexico into America are just kindhearted human smugglers who'd have nothing to do with jihad even if the price was right? If you don't have borders, you won't have a nation -- and you may find "the jobs Americans won't do" covers a multitude of sins.
Read it all. We're in trouble folks. And someone with a lot of influence on media and power had better wake the hell up--and fast.

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DiscerningTexan, 5/13/2007 08:49:00 PM | Permalink | |
Monday, May 07, 2007

Democrats' "Top National Security Priority"


Cartoon by Paul Nowak (click to enlarge)
(p.s. - I wasn't kidding; feel better now? Is it 2008 yet?)

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DiscerningTexan, 5/07/2007 11:13:00 PM | Permalink | |
Wednesday, February 28, 2007

Bush will Veto Collective Bargaining for TSA

The Congress is supposed to vote (tomorrow, I believe) on a bill that would unionize the TSA baggage checkers at the nation's airports. Brilliant idea, doofus Dems: let's allow the people responsible for keeping bombs and terrorists off of planes to go on strike....

Still, the vote looks to be--as have most other votes taken by this Congress--purely for show; the President has already promised to veto it, and he reportedly has enough Senators to prevent an override.

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DiscerningTexan, 2/28/2007 04:20:00 PM | Permalink | |
Tuesday, February 27, 2007

BREAKING: U.Missouri - Rolla Closed due to Anthrax/Bomb Scare: Perp was "International Student"

On a day when an attempt was made on the Vice President in Afghanistan, it appears another "interantional student" had some plans of his own in Missouri. To quote the al-AP story:
The man’s identity and nationality were not released, although school spokesman Lance Feyh said he was an international student.
Gee, I wonder what this "international student's" name, nationality, and religion might be? Hmmm? I am very interested in knowing the answer to this question and also in knowing the over/under for how long it will take the elitisit leftists in the media to actually TELL us.

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DiscerningTexan, 2/27/2007 07:26:00 PM | Permalink | |
Monday, February 26, 2007

Did Sandia Labs Cover-up Nuclear Security breach?

If ever there were a case for whistle-blower rights, this would be the one.

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DiscerningTexan, 2/26/2007 06:43:00 PM | Permalink | |
Tuesday, January 30, 2007

Baker to dismayed Dems re: the Surge: "Give It a Chance"

I have to admit, criticizing James Baker and the Iraq Study Group findings is not the most comfortable thing I have ever done, because I liked the man long before he was Reagan's Secretary of State. But the fact is that Baker made the mistake of trying to be reasonable with unreasonable people--namely Lee Hamilton and the Democrats on the Panel. The lesson here is: you don't get into a mud pit with a pig because you both get dirty and the pig likes it.

This is why it was very gratifying to hear today Baker tell off those Senators who are wanting to send mixed signals by confirming the Generals while attempting to generate "no confidence" votes or talk about "benchmarks" (be sure and page down for the wonderful graphics and video...). Baker's words: 'Give It a Chance'.

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DiscerningTexan, 1/30/2007 08:34:00 PM | Permalink | |
Friday, January 26, 2007

Internet Security Company Cracks Jihadist Encryption Program

American ingenuity at work. Breaks my heart.

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DiscerningTexan, 1/26/2007 09:55:00 PM | Permalink | |
Thursday, January 25, 2007

MI5 Warns of Bioterror Threat

It doesn't take a nuclear weapon to kill millions. Our Radicalized Jihadist enemies not only know this; they are actively preparing for it. Meanwhile the Democrat party irresponsibly plays partisan poloitics with our Intelligence-gathering and border protection efforts while the danger to the rest of us grows greater with each day. Isn't it time that even Democrats out there with a shred of common sense began writing these representatives and telling them to quit playing politics with our and our loved ones' lives?

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DiscerningTexan, 1/25/2007 08:42:00 PM | Permalink | |

So...you Really think you are SAFE?

...well perhaps you have not yet heard about this breaking story (from last year) in which a Soviet citizen was arrested in Georgia for selling weapons-grade Uranium to undercover agents posing as Islamist terrorists.

Nah--we don't need to protect our borders...

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DiscerningTexan, 1/25/2007 08:26:00 PM | Permalink | |
Wednesday, January 24, 2007

Another possible Iraq Outcome

Wretcherd points us to a very interesting article--and other possibilities that must be considered; for example: even if the President's new strategy does not go exactly as planned, the end result still could end up being a net gain for US Strategic interests. In any case, I predict that events will begin to move very fast now.

(Be sure and read the comments too).

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DiscerningTexan, 1/24/2007 09:37:00 PM | Permalink | |

N. Korea "Assisting" Iran with Underground Nuke Test

We are nearing critical mass; is it possible the Ahmadinejad was not just making idle threats yesterday--that he really does intend to fulfill his apocalyptic vision?

It is difficult to imagine Israel sitting by and letting this happen--even with a weakened Prime Minister Isreal has more cajones when it comes to protecting itself than do all of the Democrats in Congress combined (note that I now count Lieberman as an "Independent").

I do not think people have any idea how serious this is about to get. It may be that Americans are soon going to realize what a fatal mistake they made by electing appeasement-happy Dems to office.

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DiscerningTexan, 1/24/2007 08:11:00 PM | Permalink | |
Tuesday, January 23, 2007

Ahmadinejad: "Israel and US will soon Die"

There he goes again. What part of "the next Hitler" do the Democrats not understand?

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DiscerningTexan, 1/23/2007 11:36:00 PM | Permalink | |

Overhauling Global Military Strategy

While discussing the pathetic display by aging time-warped Generals who disagree with General Petreaus, Dafydd channels Thomas P.M. Barnett. A great summation of Barnett's essential bottom line in his excellent "The Pentagon's New Map".

But it is what is unsaid that is germane tonight: you cannot possibly "close the gap" in the Middle East if you leave a power vaccum in Iraq for Al Qaeda and Iran to fill.

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DiscerningTexan, 1/23/2007 07:19:00 PM | Permalink | |