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    I was out on General Dunlap's Duke Law web site and found this article Lawfare 101 was recently posted. ...
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    Capt Roger Hill Case

    This may be a referral to the Dog Company Case. These folks were stationed in Wardak Province. Capt Hill, the comany commander, fell afowl of the 96 hour rule. After taking casualites, the Capt went...
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    An Officer Corps That Can’t Score

    I did a search and was surprised that this article did not make the Journal...Mr Lind published this in The American Conservative ; I discovered it in the "Early Bird"...enjoy.
  4. better late then never

    Thanks for the clarification. I understand now you were looking at this from a different view point and agree with your example that it is reflexive vs deliberate. When I refer to dogma my “vs” is as...
  5. Reply to WM

    Understand what you are says about risk aversion…but I honestly do not believe that our general officers are applying any type of risk analysis or matrix to these situations. I do believe that the...
  6. but of course it is fit for

    We found out about the Defense Legal Policy Board as they concluded their investigation public hearings on the SECNAV questions from a press story. We missed the hearings but we were able to submit...
  7. But the font is so big

    and when you get done with that I will send you our 36 page critique ;)
  8. Yep!

    Could not agree more...SECDEF recently ask the Defense Legal Policy Board for an investigation into six questions:
  9. I don't think we are really for pistols and ten paces

    Standard US Civil War Tactics…find a good piece of high ground (terrain or moral; either works), dig in and let’em come (Fredericksburg, Gettysburg). It is one of those wait until you see the whites...
  10. It ain’t the lawyers

    A war crime is a direct command responsibility. Sadly, the country that is best at deflecting that responsibility is the US and its military, specifically its general officers. Was Abu Grab really...
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    or the current administration should review/pardon criminal cases of US service members (who are currently sitting in Leavenworth) that occurred in combat using the Laws of War vs the Rule of Law......
  12. LTC Dave Grossman

    I think your best bet is LTC Dave Grossman...
    This guy has done a detail study of gun fights and effects before and after...and will talk to ya. :)
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    lol...Ah..maybe I would

    Agree with everything you say...but I can still complain...right?
    First and foremost they need to be talking to one another and it appears they are not. In this case, the judge initiated the issue...
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    Lack of command leadership

    I have to agree with the court on that one...that is a command responsibility and in this case it means the convening authority is not doing their job. The defendent should be ordered to shave and if...
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    Agree with slapout9

    ...the game is afoot...and it smells of all politics...IMO
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    My apologies JMM99…just could not pass this one up

    I just finished reading the Ben Emmerson attachment…and it is a bit too righteous for my taste. First: Thanks to JMM99 for the two above posts. Second; a disclaimer; I am a retired military guy and...
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    Missing the point

    Based on your first two questions I feel you are missing the point. The word torture now automatically has it own political dogma that is usually expressed as “we (the US) have no tolerance for...
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    Hear, hear, BullMoose!

    Something to think about:
    This country (the US) has a long history of torture. In fact, we torture each and every day. Just ask any inmate sitting on death row if they are under “severe mental pain...
  19. Update

    Looks like a decision about to proceed with a court martial...
  20. No

    No...I want to prove the insurgents are wrong to use civilians as shields by following the laws of war and refuse the cover of the rule of law to the bad guys.
  21. Yes...Absolutely

    Yes! and both tactically and strategically ... Viet Nam was a war the US won tactcally but lost strategically...history, I think, is mostly likely to say the same thing about Iraq and Afghanistan.
  22. Then why are we having this discussion?

    Agree we need to make things black and white…but in my opinion, we are having this discussion because we are moving individual combat decisions into the world of LA-LA land. I agree with the...
  23. Thanks

    Thanks JMM, You always help by adding clarity but, and as usual, you do raise questions, at least in my mind. :)

    Working my way through this reference because it seems to be a footnote in most of...
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    How about Samar?

    You might want to take a look at Major Waller in Samar...a bit of a side show but a successful and short campaign.
  25. I agree but for different reasons

    Trying to clarify here…because I am too old and senile for combat zones to observe how this now works…
    Based on what you just said…a soldier achieves positive ID of an immediate threat when someone...
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