Commenter Archive

Comments by Dark Matter in reply to DavidTC*

On “Confession of a Liberal Gun Owner

It isn’t an accurate description of who the *CIA* is killing with drone strikes.

So we transfer the program to the Pentagon.

The CIA, for a made-up example...

If we're going to make things up then we might as well claim they're always targeting nuclear terrorists or the next 911.

Now, if you want to claim the people in Al-Qaeda that were shooting at American forces in Afghanistan were soldiers (Despite not representing a country), I can see that justification.

I do claim that. They have a command structure, take orders, are not motivated by money, have ranks, promotions, act to enforce politics, etc. They're a non-state army.

ISIS soldiers *are* soldiers, period.

Agreed. But they were also soldiers before they managed to take territory, and they'll be soldiers after they lose their territory.

Us putting drones in their air *also* raises sovereignty issues... America should be exporting the *rule-of-law*, not we-can-kill-anyone-we-want.

This is a last resort, not a first. If the states in question had the ability to exercise sovereignty over these areas we'd have them do so or go to war. Rule-of-law isn't something we can simply give them, they don't have a police force which can arrest potential mass murderers.

Thus building resentment against a) the US

True. The US does lots of things which are deeply unpopular in that part of the world. They disliked our killing Bin Laden, our letting women have rights, our letting people have the freedom to leave their religion, our tolerating Jews&Gays, and so forth.

In reality, if a country cannot control its own territory, a better solution would be for it to ask for help from US or some multi-national forces to fix that.

Their government viewed this as a problem, but not a priority. Getting control would be painful enough that they've just ignored the problem until we got dragged into this mess.

So now it's a huge embarrassment that we are repeatedly pointing out their total lack of sovereignty by blowing up people they should be arresting. We'll stop when the war is over or they get control. If we weren't doing this our expectation is they'd be doing at best nothing and at worst making the situation worse.

No. Gitmo was nothing like a proper POW camp. For one thing, we tortured people there, which is illegal under Geneva *even if* the country is not a signatory. As is humiliating people.

Gitmo tried to go right up to the line on what was legal, they might have stepped over it (although every investigation has shown not technically), but in any case everything you're pointing out can be (and has been) fixed with the stroke of a pen. It's a POW camp where the people are going to be held until the war with Al Qaeda... which might be a century.

Al Qaeda in Iraq barely existed before 9/11, and for several years after it. Additionally Al Qaeda in Iraq didn’t (and really never had) any real connection to Al Qaeda in the first place, and certainly wasn’t let in on their 9/11 plan. The odds of anyone at all in current ISIS even *knowing* about 9/11 in advance, much less having anything to do with planning it, is almost nill.

This is a bunch of meaningless quibbles. Legally we're at war with Al Qaeda and it's affiliates. When you join an army (such as Al Qaeda) then you're on the hook for the war. Wars can go on for decades or centuries. If a war goes on long enough then everyone involved in the openly will be dead.

And as for them committing genocide…yes, and they could be charged with that war crime. However *we* are not a signatory to the ICC, so us trying to prosecute war crimes is a bit dubious.

The Convention on the Prevention and Punishment of the Crime of Genocide became effective in 1951, we signed in 1948 and fully ratified it 1988. In 1994 the Clinton administration did legal, ethical, and linguistic back-flips to avoid calling the Rwandan situation "genocide" because they thought the US would then be obligated to go to war.

Prosecuting them for "war crimes" may or may not be useful (even in Nazi Germany we prosecuted very few people), but that's a side note.

We need to hold them until hostilities are over...

True, but hostilities aren't over simply because ISIS loses its land. Hostilities are over when the other side surrenders and/or there is no army that POWs can return to. This probably won't be true in our lifetime.

As Geneva put it, "...no repatriated person may be utilized in active military service."

At the moment, our expectation is that the POWs we let go will try to rejoin their war. Ergo we shouldn't be letting them go, even if they haven't committed any war crimes. You don't need an excuse for holding hostile soldiers POW for as long as the war goes on.

There nothing in Geneva that treats soldiers differently if they break the rules.

... the concept of an unlawful combatant is included in the Third Geneva Convention...

...Article 5 of the Third Geneva Convention states ...After... determined that an individual detainee is an unlawful combatant, the "detaining power" may choose to accord the detained unlawful combatant the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so....

...The Geneva Conventions do not recognize any lawful status for combatants in conflicts not involving two or more nation states. A state in such a conflict is legally bound only to observe Article 3 of the Geneva Conventions and may ignore all the other Articles.

https://en.wikipedia.org/wiki/Unlawful_combatant

On “The Backup QB Could Try A Hail Mary As The Clock Runs Out

It continues to infuriate me that we’ve all mostly accepted the BS notion that this was in any way illegitimate.

Kennedy's seat going to the GOP speaks for itself, as does needing to put tremendous pressure on Roberts so he'd rewrite the ACA to pass Constitutional muster.

On “Confession of a Liberal Gun Owner

Why are you talking about rioters and the KKK?

Because when I read about incidents like Rosewood, extrajudicial white mob action seems to be how people died. That *backed up with full military force* thing seems more a description of Nazi Germany than the Old South.

white mob action frequently occurred in towns throughout north and central Florida and went unchecked by local law enforcement. Extrajudicial violence against blacks was so common that it seldom was covered by newspapers.
https://en.wikipedia.org/wiki/Rosewood_massacre

Unfortunately, instead of enforcing the *clear letter of the law*, the IRS has, *for decades*, tried to invent dumbass guidelines about what these groups can and cannot do.

Ignoring that we shouldn't want the gov regulating political speech, what you're pointing out is that for decades the actual policy has been that these groups can do what they've been doing.

There are plenty of actually *established and powerful* groups that the IRS could have targeted, like the NRA, instead of a random smattering of brand-new Tea Party groups...

The IRS targeted soft groups that didn't have lawyers. Targeting the weak and vulnerable with new interpretations of policy doesn't imply that the IRS believed what they were doing was fine.

Maybe…if they sound like they’re political, let’s ask them some stupid shit to find out if they’re political?’

Like ask for donor lists which, if supplied, will somehow end up in the hands of groups which abuse the people on those lists? Further the statement that liberal and conservative groups were treated the same seems to be wrong.

November 2010 version of the IRS's BOLO list indicates that liberal and conservative groups were in fact treated differently because liberal groups could be approved for tax-exempt status by line agents, while tea party groups could not...
https://en.wikipedia.org/wiki/IRS_targeting_controversy#Controversial_intensive_scrutiny_of_political_groups

But supposedly these were misjudgements by front line people? And we're supposed to think the groups being targeted weren't chosen because of the political leanings of the higher level people who then pled the 5th? And all this in the context of evidence repeatedly "disappearing".

If we're looking at gross incompetence (as opposed to an Obama loyalist misusing the machinery of government), why wasn't anyone fired? Could it be that if they fired someone, he'd say he was acting under orders?

We've got two problems here. The first was the IRS targeting people inappropriately and making people spin for years. The 2nd was a total lack of accountability. Who made the choices to target these groups? I'd be fine with giving everyone involved immunity from legal judgements if they'd come clean, but so far that doesn't seem to have happened. We've got finger pointing at the nameless and assurances that there's nothing to see and we should just trust that.

On “The Backup QB Could Try A Hail Mary As The Clock Runs Out

I don’t know what campaign you were watching, but Trump ran, in effectively no part, on who he’d appoint.

Here is the NYT on Trump's SC list. http://www.nytimes.com/2016/05/19/us/politics/donald-trump-supreme-court-nominees.html

The WSJ was thrilled with the list. Trump apparently copied it from some right wing think tank. Intelligent, serious people spent years figuring out a list of the best conservative jurists; Trump spent a few minutes copying and re-branding it as his own.

Stealing other people's ideas, repackaging them, and then claiming credit is a professional skill for a politician. I thought it was brilliant, an attempt to get everyone who cares about the SC being conservative to look past Trump's many flaws and join his coalition.

NBC talks about the impact of the list here (at 6:47:20): https://www.youtube.com/watch?v=pf_DZlaY2sc

Among other things it got him the backing of Mitch McConnell.

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Because there’s a rule that once he’s lost he can’t be renominated?

Voting him down rips away all of the "process" issues people are complaining about, and I doubt there's enough time to renominate him.

Personally I can't think of a better way to resolve the tilt of the court than an election. And I can't think of a worse way to resolve it than disenfranchising a third of the electorate.

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Given that the Garland blockade didn’t seem to have any effect upon the fortunes of GOP incumbent Senators at all, it may well be the case that the public doesn’t care about this stuff.

Don't care? More likely they actively approved of what the Senate did. The Senate isn't subject to Gerrymandering, a large the number of Senators were elected with the expressed purpose of opposing Obama.

The Dem's problems haven't been with the GOP, it's been with the voters. It was the evil voters who gave +9 Senate seats to the GOP in 2014 to prevent Obama from doing his thing. It was the evil voters who gave the Presidency to Trump, in no small part because of the SC (it certainly wasn't because of Trump's winning personality).

Disenfranchising very large numbers of voters might get what you want, but ignoring the voters is how the Dems ended up in this situation and I doubt doubling down leads to popularity.

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Or any appointment at all, depending on which party is holds the White House and the Senate.

This is the 10th time the Senate has refused to take action on the Prez's choice. http://www.senate.gov/pagelayout/reference/nominations/Nominations.htm

We've also had Senate reject the choice (12), and the Prez withdrawn the choice because of filibuster and/or because he knew it'd fail (another 12).

The Senate is well within its Constitutional authority to do this, and they're even within their Constitutional authority to do it this way.

http://www.theatlantic.com/politics/archive/2016/05/senate-obama-merrick-garland-supreme-court-nominee/482733/

IMHO it's Constitutionally suspect to deliberately disenfranchise a third of the electorate.

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Or he may privatize it and “sell” the policy as Making America Great Again.

If he's good enough to sell the elderly something like that, then maybe it'd be good policy. It'd certainly be how Democracy is supposed to work.

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The GOP civil war isn’t over. Its just begun.

The GOP could do a lot worse than have a President which protects them from their worst instincts.

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No, the Pres gets to make whatever picks he wants.

A minor quibble. Harriett Miers didn't end up on the SC. Obama needs the approval of the Senate, he doesn't have it.

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The GOP has already poisoned the well by playing shenanigans with procedure.

The Constitution says one of the Senate's jobs is to prevent the President from making SC picks of which they disapprove. That's a world of difference from a minority of the Senate taking control for a few minutes.

So, again, I’m not sure why you think Dems doing the same thing might make our institutions collapse...

You don't see a problem with a third of the Senate overturning the recently expressed will of the voters? Trump ran, in large part, on who he'd put on the SC.

These Senators would need to run on this vote, and giving a big middle finger to the electorate, in the next election, which is going to be pretty brutal for the Dems anyway. This kind of stunt might hand the GOP a super-majority.

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Incumbency also has its downsides.

Asking those questions retrospectively to GWB and Obama makes them look pretty bad, and they both still won.

Further a lot of the going-over-a-cliff problems they had were ideological in nature. For ideological reasons, even though it was unpopular, Bush tried to reform SS and Obama did pass Obamacare. Trump probably doesn't have an ideology.

Trump won't privatize Medicare unless there's public support, he might prove better (or worse) at getting support than either GWB or Obama but that's a different issue. In 4 years our clown in chief will have a track record, and if he's shown that he's sane and a great manager, that's probably enough.

Also imagine how much of a blow out the election would have been if Trump hadn't done his top 20 most insane stunts, i.e. if he'd started with the same team he ended with.

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Well, that mixed with the economy doing fairly well and Trump being fairly well-liked in the buildup to November 2018. What are the odds of that last part, though?

Probably pretty high. Insane-Trump-the-racist won the election, but he lost 4% of the GOP in the process (from the NYT's polling).

If we assume Trump is actually pretty sane, not a racist, and it was a show; Then after 4 years of not blowing up the world or the economy he'll be still-vulgar-but-the-less-risky-choice. So he'd get that 4% back. He'll also have all the advantages of incumbency.

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But it’s not scorched earth. “We think that the last election’s voters should decide who fills the current SC opening and while we admit that the Senate has a roll to play in advice and consent we also believe that they’ve spoken regarding their views. Those in favor? They “ayes” have it!”

They'd be going back two elections, to 2012.

In 2014 the GOP picked up 9 Senate seats by running against letting Obama do his thing.

In 2016 the GOP picked up the Presidency, effectively ruling out a 3rd term for Obama.

Giving a big middle finger to the results of the last 2 election cycles is unlikely to result in good things, and speaks well to the narrative of the Dems being corrupt, smug, elitists who don't listen to the voters. To that you'd add power hungry, not respecting rules, and untrustworthy.

This might play well with their base but claiming 33 Senate votes is "enough" would not play well with the independents for years... that "might" not matter if Trump screws up bad enough, but in a 50/50 country you probably don't want this kind of rep.

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:Shrug: If the Dems get serious about it, then the GOP can vote down Garland a day before they leave.

There, everyone would be happy because Garland got his vote and so forth.

On “Linky Friday #195: Pillars of Sand

Trump is without shame, but he's got Billions of dollars and decades of practice. If his kids can't/don't/won't copy his act then odds are good that no one else can either.

I can think of some PC branches which could use trimming, but the normal things which are illegal or banned are still illegal or banned.

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Because you can’t have everything. But sometimes, you can have some of the things you want if you’re willing to let others have some of the things that they want.

Provided they're actually winning to let Islam, the Atheists, and the Church of Satan be up there too I think it's fine.... but I don't think they are willing to share.

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4% growth and all these issues go away.

To be fair, something Trump is doing is stating that jobs are important, and bringing jobs into the list of things gov policy effects is a non-trivial thing too.

Trump goes "rah, rah, look at the jobs I'm saving".

Obama goes "no pipeline for you, jobs don't matter".

If this is a deliberate, think about jobs thing, then it's probably fine. If it's just a distraction, then it's not.

On “How White Working Class Culture Shaped American Politics

This might be helpful.

The U.S. Census Bureau reported that in 2006 minorities make up 60% of the prison population with African-Americans at 41 percent of the 2 million prison and jail inmates, Hispanics 19 percent and whites 37 percent. According to a 2006 survey of 45 correctional systems in the United States, the racial breakdown of correctional staffs ranges from 0.4% black (in Utah) to 84.4% black (in Mississippi). The nationwide average of minority correctional staff members is approximately 29%.[1] In some organizations or locations, the large representation of minorities among correctional staffs is a reflection of the regional population pool of employees.

http://www.corrections.com/articles/21076-recruiting-minority-employees-in-corrections

On “Linky Friday #195: Pillars of Sand

I actually think xenophobia is under-used, because people keep saying "racist" when they mean "xenophobic."

Very much Agreed.

On “How White Working Class Culture Shaped American Politics

If it's not racism then it's something wrong with the Dems, not the voters.

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the upper-middle class is disliked more than the rich.

Sure. Upper-middle is people you know, and maybe have some idea of what they do, and it doesn't seem all that hard, especially compared to what you do.

The truly rich? We're getting into god territory there. Bill Gates. Steve Jobs. The pair that founded Google. Some others. To join that group all you have to do is create a new technology or three, and as a side effect also create tens of thousands of jobs.

There you're dealing with people who are doing things you can't do, even in theory, and don't think you could ever do.

On “Confession of a Liberal Gun Owner

Well, it sounds worse, but at least we’re using *our own* information to track them down (Usually by tracking cell communications and watching satellite images), as opposed to Gitmo, where we just paid bounties for people who other people *asserted* were terrorists.

Living people go to Gitmo and are often released, drone strikes kill that person plus everyone around them. And I don't share your trust that "our own" information isn't actually just paying for tips.

But I’m not fine with the CIA use of drones in killing people who are not declared soldiers.

That's rewarding activities which should be punished. Soldiers who aren't wearing uniforms or obeying the laws of war don't magically become civilians and the police don't magically gain the ability to control the battlefield they're on.

If we know there are terrorists in a certain house in Yemen, then Yemen needs to go get them.

Mostly we use drones where the local government doesn't actually control "its land". Us putting boots on the ground there would also raise sovereignty issues.

We don’t need to deal with them in *our* legal system. If we capture ISIS members, for the duration of the war, *we* should treat them like captured soldiers from a country that didn’t sign Geneva. (Some protections, but without a lot of fancy stuff.)

This takes us back to guantanamo bay or something like it.

ISIS soldiers did not commit crimes against the US.

ISIS is committing genocide, various other crimes against humanity, and is a thinly disguised/mutated/renamed/reincarnation of the 911 Al-Qaeda attackers. One of ISIS's previous names was "Al Qaeda in Iraq".

there’s already a nearly-fatal Catch-22 under Geneva for soldiers who *do not have a country*. Namely, they’ve got nowhere to go at the end of hostilities

I thought you were opposed to holding people forever without charge? Hostilities may not end this century.

They are an enemy soldier, in which case, Geneva,

Sure, but this brings us back to Geneva giving rights to soldiers who follow the rules, however these groups aren't following the rules. All the other categories you mention assume police control of the scene, which is simply nonsense in terms of a battlefield.

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…regardless of whether his friends kill you *and everyone else with your skin color in the county*

First of all, *Yes*.

2nd of all, if you're not going to defend your life because some terror group might get upset, why stop there? They might burn down your town if you get all "uppity" and get a job, or out think one of them, or for nothing connected to you at all (false allegations of rape for example). The modern equiv would be eliminating women's rights because that's what is really angering ISIS.

3rd of all, the only reason that threat is on the table is because gun control (i.e. the KKK) was successful. With more guns around every group of 10 members of the KKK (or rioters) need to worry about which of them does the dying so that the others can do the killing.

In a world of imperfect choices, shooting the murderous scumbag who is trying to kill me is the least imperfect.

They *did* do the same for liberal groups! You just didn’t *hear* about it because Congress decided to hold hearing repeatedly demanding the IRS talk about the *conservative* groups they investigated.

The WSJ did a time line on this and they didn't start doing liberal groups until the conservatives started making a fuss. Further wiki says the depth, degree, and intrusiveness was worse for the conservatives.

It’s a goddamn Star Chamber, and one that *keeps not finding anything*.

I'm going to quote the USA today here: "For a scandal that is frequently derided as 'fake,' it is amazing how often real evidence disappears. The disappearing act is so frequent, it is reasonable to wonder whether it is really a systematic attempt to destroy evidence of abuse of power."

And note that the back-up explanation (i.e. mismanagement and total incompetence) is hardly better. The people in charge of regulating speech have so poor an understanding of the rules that they can look like they're "accidentally" coming down on the administration's side and "accidently" suppressing its enemies.

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You *also* seem unable to actually explain the useful outcome you think guns would have resulted in.

Shooting the person trying to lynch you seems like a pretty good outcome right there, regardless of whether his friends kill you.

Dude, you realize that *claiming* that the people the IRS targeted were ‘political opponents’ *literally makes what those people did a crime*, right? Those groups *were not supposed to be political groups*.

It is very dangerous to have the government regulating speech. It is doubly dangerous when the gov is selectively enforcing laws on the administration's political enemies.

Yes, this was a stupid way to select groups, but stupid is not the same as criminal.

So the gov can suppress the administration's political enemies without it being criminal?

They're allowed to put conservative groups under a microscope to see if everything is fine when they don't do the same for liberals? And then stand on their 5th AM rights so they can't be investigated? And somehow magically the people who need to be questioned have had their hard disks fail?

If something looks/acts/sounds like a duck, it probably is one.

First, as I’ve said repeatedly, over and over, here, the size of the government has very little to do with how authoritarian the government is.

Only somewhat true. Gov grows until it doesn't work. Then in outrage the people turn to someone who offers emotion.

So when [the rich] begin to hanker after office, and find that they cannot achieve it through their own efforts or on their merits, they begin to seduce and corrupt the people in every possible way, and thus ruin their estates. The result is that through their senseless craving for prominence they stimulate among the masses both an appetite for bribes and the habit of receiving them, and then the rule of democracy is transformed into government by violence and strong-arm methods. By this time the people have become accustomed to feed at the expense of others, and their prospects of winning a livelihood depend upon the property of their neighbors, and as soon as they find a leader who is sufficiently ambitious and daring . . . they introduce a regime based on violence.

-Polybius

By ‘adjusted for situations’, you mean ‘Black people are more likely to be criminals, so the police *should* be shooting more of them’.

The police shooting someone is the last step in society's disparate impact on Blacks, not the first step. The "situation" includes concentrated poverty, the war on drugs, etc, etc.

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