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Analysis
The
GITMO Paradigm
You might be wondering what the debate over Gitmo, the terrorist detention center
at the Guantanamo Bay Naval Base, has to do with your career as a police officer?  
Gitmo is one of those rare instances where government created and implemented an
efficient way of doing things. When it comes to issues of public safety, government
only responds efficiently when those issues are perceived as urgent and important.  
The terrorist attacks on 9/11 certainly met that criteria, and a lot of ideas were
rapidly implemented.  The success or failure of all the other ideas is overshadowed
by the brilliance and success of the Gitmo Paradigm.

Constitutional issues are most often cited as the reasons for the elimination of
Gitmo.  There are a lot of people who think they’re really smart for realizing that
the primary reason for locating the terrorist detention center at the naval base in
Cuba was to deny those who want to destroy America all the constitutional rights
enjoyed by Americans.  Aside from the fact that no precedent exists to extend
constitutional rights to those detained at Gitmo, the main reason for the location
was to avoid confusion created by those who are creating the confusion anyway.

The main reason for the confusion exists because of ideologies.  One believes that
no real war against terrorism exists.  The more light thinking among us usually look
back to December 8, 1941 when President Franklin D. Roosevelt uttered these
words, “I ask that the Congress declare that since the unprovoked and dastardly
attack by Japan on Sunday, December 7, 1941, a state of war has existed between
the United States and the Japanese Empire.”  The argument goes that since the
United States Congress has not “declared war” against anyone, no “war” exists.  In
regard to the terrorist attack of 9/11, the Congress passed legislation, S.J.Res. 23,
on September 14, 2001, authorizing the President to “use all necessary and
appropriate force against those nations, organizations, or persons he determines
planned, authorized, committed, or aided the terrorist attacks that occurred on
September 11, 2001, or harbored such organizations or persons....”  Now, it could
just be me, but I don’t see much difference between the first and the latter.  In fact,
the authorization given to the President for response to the attacks of 9/11 could be
viewed as more expansive than the declaration of war [authorization] of 1941.

This ideology also maintains that any terrorist, no matter where that terrorist is
apprehended, be treated the same as any criminal suspect apprehended inside the
United States.  Let’s do this.  Instead of sending soldiers and marines to battle
terrorists, we could collect police SWAT teams from across the country from New
York to Los Angeles and send them after the terrorists.  After each firefight, those
terrorists captured could be given their Miranda Warnings right there on the
battlefield.  Of course, it could be really difficult to find lawyers and judges willing to
follow the SWAT teams to file and hear the various legal motions.  That’s right, the
lawyers and judges could stay at home and wait for the terrorists to be shipped back
to the United States and placed in various federal detention centers across the
country.  The lawyers and judges could handle the motions in the comfort of well
guarded courthouses with running water.  But, there’s another problem.  When you
become a police officer, you’ll soon learn how touchy judges are about your prompt
appearance in court when summoned.  You’ve just returned to your job policing San
Francisco when you receive a summons to testify on a motion for an arrest you
made in Afghanistan.  The only problem is that the terrorist you arrested is having
his motion heard in a courtroom in Philadelphia.

Okay, I know it’s silly.  But, how silly is it to apply constitutional rights to terror
suspects captured outside of the United States?  A lot of people forget that the
United States Military has its own constitutional justice mechanism.  Could money,
with its accompanied power and influence, have anything to do with treating foreign
terrorists as Americans?  After all, an army captain, who’s a lawyer in JAG (Judge
Advocate General), defending a terror suspect, is paid the same as a captain
commanding a company of infantry.

Put aside all the constitutional arguments against GITMO and realize just one
thing.  Whether you’re involved in fighting international terrorists, domestic
terrorists, or any other stripe of criminal, success is often just as damaging to your
efforts as failure.  While failure provides an easy reason to change things, changing
a successful policy just requires a lot of creative obfuscation.   
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Learning Things the Hard Way
It is the nature of people to learn things the hard way.  
When you become a police officer, there’ll be times when
you’ll give a person any number of chances to walk away
from his or her irrational and illegal behavior.  In the end,
Mr. or Ms. Hardhead will run out all the rope you’ve
provided, and you’ll arrest that person.  This is an example
where you’ve provided both positive and negative solutions
with Hardhead choosing the latter.

When it comes to irrational and illegal behavior on a
national or international scale involving special interest
groups and nations respectively, a lot of people get
confused, and they endlessly argue about what is irrational
or illegal.  As a police officer, you’ll practice diplomacy
everyday.  When you think about it, a police officer is the
ultimate diplomat.  When your effort at diplomacy begins to
falter or fail, you are the sole decision maker on how and
when to exercise raw power to achieve an acceptable
outcome that your diplomatic effort failed to produce.  
Unlike the generic diplomat, you’ll be the one to personally
exercise power.

As a police officer, you’ll learn sooner than anyone else the
limitations of diplomacy.  While I didn’t make too many
mistakes during my career, one of those mistakes nearly
cost a man his life:

I responded to a call for a domestic disturbance where both
the husband and wife were intoxicated.  Both were small in
stature, and it was clear that the female was the dominant
force in that household.  A female officer responded as a
back-up, and she stood by as I exercised my diplomatic
resolution to the disturbance.  During the session of
“conflict resolution,” the wife became frustrated at one
point, and she slapped the husband’s face.  

Now, remember this, had the husband slapped the wife, I
wouldn’t have hesitated for a second in abandoning
diplomacy and going straight to power in the form of
handcuffs on the husband.  But, hey, this was a little
woman, and the guy was so drunk, he probably didn’t even
feel any pain from the assault on him.  In the end, both
were calmed down, and I turned to leave the house.  The
female officer stopped me and asked, “Aren’t you going to
lock [her] up?”  I replied with some it’s not a big deal
response, and the female officer sighed and said, “Okay.”

No more than five minutes after clearing the call, a second
call was dispatched to the same address for an assault.  I,
and the same female officer, returned.  We were met at the
front door by the wife who started a rerun of her complaints
about her “worthless” husband.  When we entered the
living room of the home, we saw the husband sitting in a
recliner.  He didn’t look any different than when we’d left
him expect for one thing; he had half the blade of a steak
knife planted firmly in the top of his head.

As I suffered the “I told you so” looks from the female
officer, I was glad she had returned to back me up, for I
needed a second pair of handcuffs for the husband.  Dumbo
had no idea what had happened to him, and I was afraid he
would pull the knife from his head.  Fortunately, his injury
turned out to be much like those publicized from time to
time where surgeons successfully remove a blade from a
person’s brain with no resulting permanent injury.

The lesson I learned from that experience so many years
ago was to arrest anyone who had the nerve, drunk or
sober, to assault another person right in front of me.

Okay, I know that you might find it hard to compare or
apply the carrot and stick / diplomacy and force boundaries
of individual police officers on a macro level.  But, you
should understand that diplomacy as a tool to achieve just
ends is absolutely useless without the means and willingness
to use force at the right time.  In the personal example I
just described, my means and willingness were intact.  It
was the timing of my willingness that really sucked.

Force will always be problematic, whether micro or macro,
to people who believe that force is never justified.  While
those people will insist that it is not their belief, they never
seem to be able to identify a situation or circumstance
where they would approve of force.  They’ll whine that the
question is hypothetical, and use of force is too important
on which to hypothesize.

The terrorist attacks on September 11, 2001 brought a
perpetual reality into clear focus.  That reality
demonstrated – again – that there are plenty of people who
will use any means to inflict death and destruction on
massive scales to achieve their goals.  It also brought into
focus those nations which support and protect terror and
terrorists.  

While 9/ll evoked a strong and forceful response from the
United States, time influenced by success does fade the
focus.  If you do become a police officer, you’re going to
enjoy a special benefit.  Your focus will not fade, and it will
only sharpen as your career progresses.  Your continual use
of diplomacy and force will provide you with a unique
appreciation of both.  That appreciation will give you the
ability to avoid learning things the hard way… again… and
again.   
12/7/1941
9/11/2001
?/?/20??
Pirates = Terrorists
On April 15, 2009, only days after the U.S. Navy shot three of their comrades dead, Somali pirates, previously
announcing their intention to “slaughter” Americans, attempted to hijack another American flagged merchant
ship.

The Liberty Sun, like the Maersk Alabama, carried a crew of 20 Americans.  The pirates fired on the ship with
AK-47’s and RPG’s (shoulder fired rockets).  Only evasive maneuvers by the Liberty Sun prevented the pirates
from boarding the ship.  One has to wonder what the fate of the Liberty Sun’s crew would have been had those
pirates, turned self avowed terrorists, successfully boarded the ship.

Never fear.  Hillary Rodham Clinton, the United States Secretary of State, immediately announced that she would
seek “consultation with allies,” and the creation of a “commission” to address the pirate problem.  I’m certain
that every American merchant seaman breathed a sigh of relief knowing that Secretary Clinton is looking out for
them as they sail through terrorist infested waters.

Simple Solutions

Politicians hate simple solutions.  Even in Washington D.C., where gun control laws are draconian, armored truck
guards servicing banks are allowed to carry guns.  Why shouldn't American flagged merchant marine ships,
particularly those sailed by American crews, be allowed to maintain armories with sufficient fire power to repel
terrorist / pirate attacks?

Oh, yes.  There’s the problem with insurance.  The ship owners worry about the liability that might result should
American merchant seamen kill a terrorist / pirate.  It’s a valid concern since it’s perfectly likely that the family
of a terrorist could find, with little trouble, an American lawyer or lawyers to sue the ship company.  Since the
Somali terrorists / pirates are relatively young, the lifetime earnings of the pirate based on the number of ships
he could hijack during his career could be substantial.

Congress could help.  The U.S. Congress has shown that it’s capable of passing massive amounts of legislation in
days without even bothering to read what they enact into law.  It should be relatively simple to pass legislation
holding harmless from liability merchant seamen, and their companies, if they kill or injure terrorists / pirates
when acting in self defense.  They could even go further by eliminating the corporate tax for American flagged
ship companies; thereby, bringing hundreds of merchant ships back under the American flag and creating
thousands of jobs for American merchant seamen.  Stop… stop.  I know… I’m nuts.  These solutions are far too
simple and inexpensive.

Let’s just hope that Somali terrorists / pirates never capture an American merchant ship sailed by an American
crew.  Somehow, I think American crews now have the same mindset learned by American airline passengers
after September 11, 2001.
Enhanced Interrogation Techniques and The Torture Memos
Magicians are frequently maligned when politicians are described with terms rightfully belonging to magicians.  
Contrary to the beliefs of some, there’s nothing magical about magicians or any politician.  Politicians do strive to
accomplish two goals of the professional magicians… the art of misdirection and celebrity status.  Unlike
magicians, however, politicians fail terribly when it comes to guarding the secrets that make their acts
successful.  While magicians may be jealous of the competition’s success, revealing the secrets of the tricks is not
in their bag of tricks.

When it comes to interrogating terrorists, the Bush Administration developed a bag of tricks called “enhanced
interrogation techniques.”  The misdirection from the program worked so well that political opponents couldn’t
contain themselves with their cries of torture… torture!  It evidently worked pretty well on the terrorists who
succumbed to the techniques, and the absence of terrorist attacks within the United States or on American
interests was further evidence of the program’s success.

Then… the Obama Administration comes along and dumps the bag for the world to see all the elements of the
misdirection.  After exposing the benign nature of those elements, hilariously dubbed, “the torture memos,” the
new political crowd in power launched its own campaign of misdirection through the Department of Homeland
Security.  They warn of the dangers of domestic right wing extremism including the dangers posed by returning
Iraq and Afghanistan War veterans.  

The new campaign of misdirection is designed to shift focus away from external threats to internal ones defined
by political ideologies and speculation rather than by that pesky detail called evidence.  The President further
shifted the focus by graciously declaring that CIA officers would not be prosecuted for their participation in the
“torture memos” caper.  This position does avoid any debate about with what criminal charges would apply since
the techniques were legal when practiced.  It also avoids release of the heavily redacted portions of the “memos;”
wherein, the successes of the program are allegedly contained.  

Most people would agree that the maiming or removal of body parts would be acts of torture.  Would the threat to
maim or remove a body part be an act of torture?  I would maintain that the latter is not torture, but there would
be those who would disagree with me.  But, herein lays the point.  As methods of interrogation descend from acts
of obvious torture all the way down to those exposed in the “torture memos,” definitions of torture will become
ever more subjective as the order descends.  In the end, any definition of interrogation methods can pass as
torture based solely on any absurd point of view.

It’s unfortunate that politics has once again transcended a more important issue – in this case, national security.  
But, let’s not be pessimistic.  As Osama Bin Laden sits in his hideout reading the “torture memos,” there’s
always the possibility – as remote as that possibility may be – that he’ll laugh himself to death.
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There are so many reasons why every American should be grateful that he or she is an American.  One of those
reasons is a criminal justice system that is fairer to those accused of crimes than any other justice system in the
world.  In fact, it’s so fair that even if a mountain of evidence exists to convict a person, a portion of that
evidence – or even the entire mountain – may not be admissible in court to be used against a criminal defendant.

One has to wonder when a good thing becomes too much of a good thing.  When you become a police officer
you’re going to lose cases simply because of inadmissibility of evidence you’ve seized or collected.  The
inadmissibility of the evidence need not have anything to do with the quality or veracity of the evidence.  In most
instances the inadmissibility will be determined by how, and under what circumstances, you seized or collected the
evidence.

In the beginning, your lack of knowledge and experience may cause you some confusion in understanding why
some evidence is excluded from a prosecution.  As time goes by and your knowledge and experience expands,
you’ll master the constitutional processes that dictate how you collect and seize evidence.  You should, and I
emphasis should, also come to appreciate the rights guaranteed under the 4th, 5th, and 14th Amendments to the
United States Constitution.

However… as you become grounded in the rational applications of evidence collection and admissibility, you will
experience some frustration when you see how some lawyers and judges apply their own theories and
interpretations to admissibility issues.  Politics has everything to do with every aspect of the criminal justice
system, and it’s always been that way.  When I began my police career in the early 1970’s, everything was subject
to hyper-technical interpretations.  As the years passed and crime rates dictated a more rational application of
criminal justice, things got a lot better.  

However… everything is cyclical, and I fear that you’ll be facing a repeat of the hyper-technical interpretations of
the past.  When I began my career, the debilitating debate was rehabilitation versus punishment.  Today, political
correctness is the monster in the room where everything is what it is, but it’s something different.  An illegal
alien has become an undocumented immigrant, and the term “enemy combatant” has been ceremoniously
removed from the lexicon.  It won’t be long before the television pundits will be identifying terrorists and
terrorism as the “T Word.”

When it comes to the terrorists… er… detainees still in custody, the problem of admissibility of evidence really
won't be a problem.  You see, the War on Terror ended on January 20th, 2009, and nobody even noticed.
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Equal Treatment Under the Law
What is the one thing that governments; politicians; judges; prosecutors and police officers have in common
with… terrorists?  While you’re thinking about that one, ask yourself this, what is the main difference between
the two groups?  While the lawyers, psychologists and sociologists could go on for hours proffering and debating
dozens of answers, one word can answer both questions accurately and definitively.  The answer to both questions
is… power.

The dirty secret, which is actually no secret at all, is that the acquisition and exercise of power dictates the
direction and quality of life for every living being on the planet.  The laws of nature are harsh and unforgiving,
but the laws of nature are applied universally without prejudice for anything or anyone.  Of course, nature does
not recognize any inalienable right; thus, the oft spoken phrase, “survival of the fittest.”  Human beings, on the
other hand, have the unique ability to create and maintain civilizations under man made rules of law where
objective reasoning can ensure that every person is treated equally under those laws.

Enter:  Empathy  [Identification with and understanding of another's situation, feelings, and motives.]

First of all, there is no such thing as equal treatment under the law.  When you become a police officer and you
begin spending a lot of time in court rooms, you’re going to be struck at just how unequal people are treated.  I’m
not talking about how a first time offender may be treated versus a three time loser; although, you’ll see a lot of
repeat offenders treated as though they’re entering the criminal justice system for the first time.  Why do you
think legislatures enact laws requiring mandatory prison sentences under particular circumstances?

You’ll be entering your police career when empathy is all the rage, and a President of the United States even
believes that judges should include empathy into their judicial decision making processes.  Let me put it to you
this way.  When you become a police officer, let empathy influence how you enforce laws.  Now, if the prosecutors
and judges who get your cases share your empathy, you might get by.  However, if you have prosecutors and
judges who know what they’re doing, you’ll be slapped down and embarrassed; until, you get the message.

Here are some facts.  Police officers; prosecutors and judges have enormous power over people.  While you, as a
police officer may share the power, you don’t even come close to sharing the level of immunity which is extended
to prosecutors and judges when that power is misused.  

Objective reasoning and empathy are incompatible.  

Since you’re a human being, you will possess empathy – hopefully on a high level of morality.  There will be many
times when empathy will influence how you treat people.  As long as the empathy you show toward one person
does not negatively impact another, the empathy you extend can be positive.  However, when your empathy
affects your decision making where objective reasoning is required, someone, in all likelihood, will not be getting
equal treatment under the law.

As a police officer, your ability to reason objectively should be right at the top of your list of things to master.  
Unlike the prosecutors and the judges, you’ll be the first line defender of life, liberty and the Constitution.  The
prosecutors and judges can gush with all the empathy they want since their involvement comes well after the
flashpoint of perceived or real crisis.  When things go badly, your sound objective reasoning will save you.  If you
rely on empathy being shown toward you for your empathy based decision, you’re going to be sorely disappointed.

Getting back to the terrorists… While it’s obvious that the acquisition and use of power to kill and maim are the
top priorities for terrorists, what is the single biggest factor affecting their desire to pursue a path of death and
destruction?  If you don’t figure this out in the next three seconds, go back to the top of this article and reread
the definition of empathy.
The Twilight Zone
When you become a police officer, you’ll be entering a career that will give you a unique
insight on good and evil, government and politics, the corrupting power of power, and the
implementation of irrational solutions to problems complicated by inexperienced problem
solvers.

So, what else is new?  Well, what’s new in the United States is an unprecedented growth in
government with no end in sight.  Aside from all the folly associated with bigger and bigger
government, there are two indispensable functions of government that only government can
address… the maintenance of internal civil order and the defense of the nation from external
threats of violence… or, more simply put, crime and war.

There’s been a lot of conversation and debate about the “war on terror.”  Most of the
discourse revolves around whether or not there is a real war and whether or not that war can
be won.  When it comes to labels, there’s no question that the word war has been misused and
overused… war on poverty; war on crime; war on drugs.

Stay with me on this.  A real war has a beginning and end.  Some wars are short in duration
while others may last many years.  The real measure of war is the continuation of armed
conflict between or among groups of combatants using various levels of organized tactics to
achieve political goals through total victory.  War cannot be logically applied to things like
poverty, crime, and drugs since these are perpetual social conditions that can only be
suppressed to a level where their adverse effects will not overwhelm normal social progress.

Up until September 11, 2001, the United States treated terrorists and terrorism as a problem
to be addressed by law enforcement.  Of course, that position strained logic after the massive
loss of life and property which occurred on 9/11.  Despite the fact that the current war on
terror certainly looks like war and worthy of the war label, FBI agents are now reading
Miranda Warnings to terrorists captured on battlefields in Afghanistan and Iraq.

Let’s just hope that the dangers associated with international state sponsored terrorism are
really figments of Americans’ collective imagination, and the emerging policies of our
government are not taking us on a journey into “The Twilight Zone.”     
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Rule of Law... or Rule of Law(yers)
With the threat of global terrorism targeted
against US citizens and interests at home and
abroad, national efforts to buttress
counterterrorism solutions at the federal,
state, and local level have expanded
dramatically since 9/11. For example, all 50
states have some variation or another of an
Office of Emergency Management/Services
(or Office of Homeland Security) where local
law enforcement, emergency responders and
other state officials work with federal
counterterrorism officers from agencies like
the FBI, DEA, and DHS to coordinate
all-hazards mitigation, prevention, and
response strategies. These state offices also
work with the Federal Emergency
Management Agency (FEMA), DOD, DHS
and other agencies to coordinate
multi-regional exercises to test preparedness
and readiness in case of terrorist attack.

In addition, major metropolitan police
departments around the country either have
dedicated 24/7 intelligence and
counterterrorism divisions and police officers
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that receive special counterterrorism training where they learn invaluable counterterrorism skills. For example,
Law Enforcement Intelligence Units (LEIU) and now so-called Fusion Centers are in operation in every major
jurisdiction across the country. Because sophisticated terrorist groups operate in disaggregated cells, local police
officers are in the unique position to detect anomalies and identify suspicious activity from within their local
communities, providing an effective and essential form of counterterrorism human intelligence (HUMINT).
Advanced counterterrorism skills developed through training, experience and an advanced education, for these
reasons, are likely to remain in high demand for the foreseeable future.