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The Snake Eaters Speak

The Special Forces are mostly talking pretty good sense here. Their letter is reprinted below, in accordance with their desire that it be widely disseminated.

Protecting the Second Amendment – Why all Americans Should Be Concerned

We are current or former Army Reserve, National Guard, and active duty US Army Special Forces soldiers (Green Berets). We have all taken an oath to “…support and defend the Constitution of the United States against all enemies foreign and domestic; that I will bear true faith and allegiance to the same.…” The Constitution of the United States is without a doubt the single greatest document in the history of mankind, codifying the fundamental principle of governmental power and authority being derived from and granted through the consent of the governed . . .

Our Constitution established a system of governance that preserves, protects, and holds sacrosanct the individual rights and primacy of the governed as well as providing for the explicit protection of the governed from governmental tyranny and/or oppression. We have witnessed the insidious and iniquitous effects of tyranny and oppression on people all over the world. We and our forebears have embodied and personified our organizational motto, De Oppresso Liber [To Free the Oppressed], for more than a half century as we have fought, shed blood, and died in the pursuit of freedom for the oppressed.

Like you, we are also loving and caring fathers and grandfathers. Like you, we have been stunned, horrified, and angered by the tragedies of Columbine, Virginia Tech, Aurora, Fort Hood, and Sandy Hook; and like you, we are searching for solutions to the problem of gun-related crimes in our society. Many of us are educators in our second careers and have a special interest to find a solution to this problem. However, unlike much of the current vox populi reactions to this tragedy, we offer a different perspective.

First, we need to set the record straight on a few things. The current debate is over so-called “assault weapons” and high capacity magazines. The terms “assault weapon” and “assault rifle” are often confused. According to Bruce H. Kobayashi and Joseph E. Olson, writing in the Stanford Law and Policy Review, “Prior to 1989, the term ‘assault weapon’ did not exist in the lexicon of firearms. It is a political term [underline added for emphasis], developed by anti-gun publicists to expand the category of assault rifles.”

The M4A1 carbine is a U.S. military service rifle – it is an assault rifle. The AR-15 is not an assault rifle. The “AR” in its name does not stand for “Assault Rifle” – it is the designation from the first two letters of the manufacturer’s name – ArmaLite Corporation. The AR-15 is designed so that it cosmetically looks like the M4A1 carbine assault rifle, but it is impossible to configure the AR-15 to be a fully automatic assault rifle. It is a single shot semi-automatic rifle that can fire between 45 and 60 rounds per minute depending on the skill of the operator. The M4A1 can fire up to 950 rounds per minute. In 1986, the federal government banned the import or manufacture of new fully automatic firearms for sale to civilians. Therefore, the sale of assault rifles are already banned or heavily restricted!

The second part of the current debate is over “high capacity magazines” capable of holding more than 10 rounds in the magazine. As experts in military weapons of all types, it is our considered opinion that reducing magazine capacity from 30 rounds to 10 rounds will only require an additional 6 -8 seconds to change two empty 10 round magazines with full magazines. Would an increase of 6 –8 seconds make any real difference to the outcome in a mass shooting incident? In our opinion it would not. Outlawing such “high capacity magazines” would, however, outlaw a class of firearms that are “in common use”. As such this would be in contravention to the opinion expressed by the U.S. Supreme Court recent decisions.

Moreover, when the Federal Assault Weapons Ban became law in 1994, manufacturers began retooling to produce firearms and magazines that were compliant. One of those ban-compliant firearms was the Hi-Point 995, which was sold with ten-round magazines. In 1999, five years into the Federal Assault Weapons Ban, the Columbine High School massacre occurred. One of the perpetrators, Eric Harris, was armed with a Hi-Point 995. Undeterred by the ten-round capacity of his magazines, Harris simply brought more of them: thirteen magazines would be found in the massacre’s aftermath. Harris fired 96 rounds before killing himself.

Now that we have those facts straight, in our opinion, it is too easy to conclude that the problem is guns and that the solution to the problem is more and stricter gun control laws. For politicians, it is politically expedient to take that position and pass more gun control laws and then claim to constituents that they have done the right thing in the interest of protecting our children. Who can argue with that? Of course we all want to find a solution. But, is the problem really guns? Would increasing gun regulation solve the problem? Did we outlaw cars to combat drunk driving?

What can we learn from experiences with this issue elsewhere? We cite the experience in Great Britain. Despite the absence of a “gun culture”, Great Britain, with one-fifth the population of the U.S., has experienced mass shootings that are eerily similar to those we have experienced in recent years. In 1987 a lone gunman killed 18 people in Hungerford. What followed was the Firearms Act of 1988 making registration mandatory and banning semi-automatic guns and pump-action shotguns. Despite this ban, on March 13, 1996 a disturbed 43-year old former scout leader, Thomas Hamilton, murdered 16 school children aged five and six and a teacher at a primary school in Dunblane, Scotland.

Within a year and a half the Firearms Act was amended to ban all private ownership of hand guns. After both shootings there were amnesty periods resulting in the surrender of thousands of firearms and ammunition. Despite having the toughest gun control laws in the world, gun related crimes increased in 2003 by 35% over the previous year with firearms used in 9,974 recorded crimes in the preceding 12 months. Gun related homicides were up 32% over the same period. Overall, gun related crime had increased 65% since the Dunblane massacre and implementation of the toughest gun control laws in the developed world. In contrast, in 2009 (5 years after the Federal Assault Weapons Ban expired) total firearm related homicides in the U.S. declined by 9% from the 2005 high (Source: “FBI Uniform Crime Reporting Master File, Table 310, Murder Victims – Circumstances and Weapons Used or Cause of Death: 2000-2009”).

Are there unintended consequences to stricter gun control laws and the politically expedient path that we have started down?

In a recent op-ed piece in the San Francisco Chronicle, Brett Joshpe stated that “Gun advocates will be hard-pressed to explain why the average American citizen needs an assault weapon with a high-capacity magazine other than for recreational purposes.”We agree with Kevin D. Williamson (National Review Online, December 28, 2012): “The problem with this argument is that there is no legitimate exception to the Second Amendment right that excludes military-style weapons, because military-style weapons are precisely what the Second Amendment guarantees our right to keep and bear.”

“The purpose of the Second Amendment is to secure our ability to oppose enemies foreign and domestic, a guarantee against disorder and tyranny. Consider the words of Supreme Court Justice Joseph Story”: ‘The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defense of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers.

It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.’

The Second Amendment has been ruled to specifically extend to firearms “in common use” by the military by the U.S. Supreme Court ruling in U.S. v Miller (1939). In Printz v U.S. (1997) Justice Thomas wrote: “In Miller we determined that the Second Amendment did not guarantee a citizen’s right to possess a sawed-off shot gun because that weapon had not been shown to be “ordinary military equipment” that could “could contribute to the common defense”.

A citizen’s right to keep and bear arms for personal defense unconnected with service in a militia has been reaffirmed in the U.S. Supreme Court decision (District of Columbia, et al. v Heller, 2008). The Court Justice Scalia wrote in the majority opinion: “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.“. Justice Scalia went on to define a militia as “… comprised all males physically capable of acting in concert for the common defense ….”

“The Anti-Federalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved.” he explained.

On September 13, 1994, the Federal Assault Weapons Ban went into effect. A Washington Post editorial published two days later was candid about the ban’s real purpose:“[N]o one should have any illusions about what was accomplished [by the ban]. Assault weapons play a part in only a small percentage of crime. The provision is mainly symbolic; its virtue will be if it turns out to be, as hoped, a stepping stone to broader gun control.”

In a challenge to the authority of the Federal government to require State and Local Law Enforcement to enforce Federal Law (Printz v United States) the U.S. Supreme Court rendered a decision in 1997. For the majority opinion Justice Scalia wrote: “…. this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations When we were at last confronted squarely with a federal statute that unambiguously required the States to enact or administer a federal regulatory program, our decision should have come as no surprise….. It is an essential attribute of the States’ retained sovereignty that they remain independent and autonomous within their proper sphere of authority.”

So why should non-gun owners, a majority of Americans, care about maintaining the 2nd Amendment right for citizens to bear arms of any kind?

The answer is “The Battle of Athens, TN”. The Cantrell family had controlled the economy and politics of McMinn County, Tennessee since the 1930s. Paul Cantrell had been Sheriff from 1936 -1940 and in 1942 was elected to the State Senate. His chief deputy, Paul Mansfield, was subsequently elected to two terms as Sheriff. In 1946 returning WWII veterans put up a popular candidate for Sheriff. On August 1 Sheriff Mansfield and 200 “deputies” stormed the post office polling place to take control of the ballot boxes wounding an objecting observer in the process.

The veterans bearing military style weapons, laid siege to the Sheriff’s office demanding return of the ballot boxes for public counting of the votes as prescribed in Tennessee law. After exchange of gun fire and blowing open the locked doors, the veterans secured the ballot boxes thereby protecting the integrity of the election. And this is precisely why all Americans should be concerned about protecting all of our right to keep and bear arms as guaranteed by the Second Amendment!

Throughout history, disarming the populace has always preceded tyrants’ accession of power. Hitler, Stalin, and Mao all disarmed their citizens prior to installing their murderous regimes. At the beginning of our own nation’s revolution, one of the first moves made by the British government was an attempt to disarm our citizens. When our Founding Fathers ensured that the 2nd Amendment was made a part of our Constitution, they were not just wasting ink. They were acting to ensure our present security was never forcibly endangered by tyrants, foreign or domestic.

If there is a staggering legal precedent to protect our 2nd Amendment right to keep and bear arms and if stricter gun control laws are not likely to reduce gun related crime, why are we having this debate? Other than making us and our elected representatives feel better because we think that we are doing something to protect our children, these actions will have no effect and will only provide us with a false sense of security.

So, what do we believe will be effective? First, it is important that we recognize that this is not a gun control problem; it is a complex sociological problem. No single course of action will solve the problem. Therefore, it is our recommendation that a series of diverse steps be undertaken, the implementation of which will require patience and diligence to realize an effect. These are as follows:

1. First and foremost we support our Second Amendment right in that “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”.

2. We support State and Local School Boards in their efforts to establish security protocols in whatever manner and form that they deem necessary and adequate. One of the great strengths of our Republic is that State and Local governments can be creative in solving problems. Things that work can be shared. Our point is that no one knows what will work and there is no one single solution, so let’s allow the State and Local governments with the input of the citizens to make the decisions. Most recently the Cleburne Independent School District will become the first district in North Texas to consider allowing some teachers to carry concealed guns. We do not opine as to the appropriateness of this decision, but
we do support their right to make this decision for themselves.

3. We recommend that Assisted Outpatient Treatment (AOT) laws be passed in every State. AOT is formerly known as Involuntary Outpatient Commitment (IOC) and allows the courts to order certain individuals with mental disorders to comply with treatment while living in the community. In each of the mass shooting incidents the perpetrator was mentally unstable. We also believe that people who have been adjudicated as incompetent should be simultaneously examined to determine whether they should be allowed the right to retain/purchase firearms.

4. We support the return of firearm safety programs to schools along the lines of the successful “Eddie the Eagle” program, which can be taught in schools by Peace Officers or other trained professionals.

5. Recent social psychology research clearly indicates that there is a direct relationship between gratuitously violent movies/video games and desensitization to real violence and increased aggressive behavior particularly in children and young adults (See Nicholas L. Carnagey, et al. 2007. “The effect of video game violence on physiological desensitization to real-life violence” and the references therein. Journal of Experimental Social Psychology 43:489-496). Therefore, we strongly recommend that gratuitous violence in movies and video games be discouraged. War and war-like behavior should not be glorified. Hollywood and video game producers are exploiting something they know nothing about. General Sherman famously said “War is Hell!” Leave war to the Professionals. War is not a game and should not be “sold” as entertainment to our children.

6. We support repeal of the Gun-Free School Zones Act of 1990. This may sound counter-intuitive, but it obviously isn’t working. It is our opinion that “Gun-Free Zones” anywhere are too tempting of an environment for the mentally disturbed individual to inflict their brand of horror with little fear of interference. While governmental and non-governmental organizations, businesses, and individuals should be free to implement a Gun-Free Zone if they so choose, they should also assume Tort liability for that decision.

7. We believe that border states should take responsibility for implementation of border control laws to prevent illegal shipments of firearms and drugs. Drugs have been illegal in this country for a long, long time yet the Federal Government manages to seize only an estimated 10% of this contraband at our borders. Given this dismal performance record that is misguided and inept (“Fast and Furious”), we believe that border States will be far more competent at this mission.

8. This is our country, these are our rights. We believe that it is time that we take personal responsibility for our choices and actions rather than abdicate that responsibility to someone else under the illusion that we have done something that will make us all safer. We have a responsibility to stand by our principles and act in accordance with them. Our children are watching and they will follow the example we set.

The undersigned Quiet Professionals hereby humbly stand ever present, ever ready, and ever vigilant.

1100 Green Berets Signed this Letter
We have a list of all their names and unlike any MSM outlets we can confirm that over 1100 Green Berets did sign. The list includes Special Forces Major Generals & Special Forces Command Sergeants Major down to the lowest ranking “Green Beret”.

The letter stands for itself.
Read it and send it everywhere.

Team Sergeant

Harsh Numbers

Bruce Krafft runs the numbers and busts a few myths. A whole lot of interesting studies and statistics to bust all the myths about more guns equaling more crime, and the US having a higher rate of violent crime than any civilized country.

K&M do a further drill-down on demographic, historical and geographic which is far too detailed for me to go into here but their conclusions are unsurprising (at least to us “gun nuts”): There is absolutely no positive correlation between firearm availability and violent crime, murder and suicide.

In a sense, this is good information to disseminate. As many people as possible being armed with the actual facts is a good thing.

In another sense, though, it doesn’t matter. The people pushing for more ‘gun control’ legislation know perfectly well that those laws won’t actually reduce crime, or save lives. What it’s really all about is unilateral civilian disarmament.

Here’s something else to think about, while you contemplate government action intended to disarm the civilian non-police population irrespective of any impact such disarmament would have on crime. There are now almost 800,000 police in the US, a number that seems to be exceeded only by Russia, India, and China. These police are increasingly armed with military weapons, up to and including armored vehicles.

(Notice that we don’t even talk about police as ‘civilians’ anymore? There’s an unspoken agreement that our police are a paramilitary force, not quite part of either the population at large or the official armed forces.)

As a paramilitary force, our police would be the third largest in the world. As an army, it would be the sixth largest, between North Korea and Israel.

But we are supposed to believe that this massive police force, with its assault rifles and body armor, its drones and its light armored vehicles is hopelessly outgunned because some citizen can carry 11 bullets in his pistol.

Riiiight.

A Political Philosophy

Back in the days of my youth, I was a libertarian, and Libertarian. I believed in as little government as possible, leaving everyone free to run their lives as they wished. (I also, somewhat paradoxically, believed in the ruthless crushing of any threats to the government.) Free, anarchistic, and easy. And ruthless.

To put it in its simplest terms, through my teens and into my twenties I was an anarchistic fascist. (Though even then I favored demand-side economics. I remember when I was 16 and my parents describing candidate Reagan’s ideas for ‘Trickle Down” economics, and telling them, “But it doesn’t work that way.”) I believed in a small, but strong, central government that didn’t actually do very much, but which could be very aggressive in enforcing its laws internally and its will internationally. Sort of like a strong pre-modern monarchy. Personal liberty was fine–a requirement, in fact–for the people worthy of it, but most of the mass of people, I thought, were unworthy of it. Too stupid, too uneducated, too irresponsible. I, of course, was one of the worthy ones. What an elitist bastard I was. (I think this may be a phase many young men go through; certainly many have thought the same way I did.)

The Reagan Administration knocked some holes in the youthful certainty of my convictions. The entry of the religious right onto the political stage, and the ‘War on Drugs,’ gave me concerns about civil liberties, but mostly pushed me in the direction of wanting a smaller government. Thus began my Libertarian years.

I was pretty strongly on-board with the whole Libertarian agenda; the smallest and weakest government possible. Deliver the mail, defend the borders, and leave everything else alone. And maybe not even bother with delivering the mail.

During the 1992 Presidential campaign, Libertarian Vice-Presidential candidate Nancy Lord appeared on the Tonight Show. Johnny Carson asked her about Ross Perot, who was making his first Presidential run at the time. Lord said something like, “Oh, well you know, he’s the sort of person who would make the trains run on time.” And laughed at her own joke, while Carson and the entire studio audience (and almost everyone watching at home, I’m sure) sat in silent bafflement.

She was comparing Perot to Mussolini, you see, calling him a Fascist, but no one got the joke. In retrospect, years later, I would see that moment as summing up everything that is wrong with the Libertarian Party.

At the time, though, it was just an amusing incident that made me feel superior to the unwashed masses because I got the joke.

As the ’90s went on, I grew dissillusioned with the Libertarian Party’s inability to speak to any meaningful number of voters, and general irrelevance, and began to split my support, voting Democratic in some races and Republican in others. Gun control played a large part in my putting my negligible weight behind Bush the Younger for Governor and then President in 2000.

That was a tactical shift, though, not a philosophical one. I still identified as a libertarian, just not a Capital-L Libertarian. My ideal was still a small, weak government, with little or no power internally, but great power internationally. My method amounted to opposition to whichever party was in power at the moment (on the theory that the party out of power couldn’t do me any harm, and the party in power wouldn’t do me any good).

Then the Bush Administration showed me what that really meant.

With control of both the White House and Congress, the Republicans went wild. They passed the law enforcement industry’s Christmas wish list in the guise of an anti-terrorism law package, started a couple of wars, and gave the corporations a free hand in the economy.

The predictable result was a total disaster. The financial industry looted the US economy, then when the country’s economic destruction threatened them, they asked the taxpayers to cover their bets. The Bush Administration obliged. It was a defining moment in the evolution of my political philosophy. I realized that all the things I’d worried about the government doing–taking our freedoms, spying on us, taking our money–corporations could do as well. And they were.

(Current debates over free speech point this up. The US Government is bound by the Constitution to not restrict our free speech. Corporations are under no such obligation, and Internet companies regularly censor what appears on their sites or services.)

That realization changed my view of government. It went from a threatening necessary evil that should be kept as powerless as possible to being the only possible counterweight to the immense power of huge corporations.

Hundreds of years ago, the typical sort of power struggle that you would see in many countries was between the central government and the powerful noble families. Most of the people–the tiny middle class and the huge mass of poor people–were just pawns, or less, in this game. In the early and middle Byzantine Empire, for example, power was divided between the central government (run by an entrenched bureaucracy), the Church (supported by moral authority and urban mobs), and the rural nobility (supported by the wealth of their vast estates and the army, for which they provided the leadership).

In the modern United States, we only have two bases of power: The State, and the corporations, particularly the banks. The people, the voters who we like to pretend are in charge, line up behind one or the other of these two and do not really form a power base of their own. Our two political parties are aligned on this structure; a corporate party, that seeks to weaken the government; and a government party that seeks to weaken the corporations.

(Yes, this is an oversimplification; there are many nuances I’m glossing over. But I believe the generalization is broadly accurate.)

Put this way, it is clear to me why I do not strongly support either political party, but swing back and forth between them. Neither party is for me, so why would I be for them? I believe in the greatest liberty for the greatest number of people, but neither political party cares about such a thing. They only want to strengthen their power base.

Thus the evolution of my view on the role of government. I still distrust its power, but a central government does perform functions that no other social institution is capable of. Most importantly, in many different ways, it is the only counterweight to the corporations that would otherwise strip-mine both the economy and the environment, leaving everyone but the executive class poor and sick while they remain safe and comfortable in their gated and walled enclaves.

The key is balance between the power bases. If either one becomes too strong, things go badly for the common people. There are more examples of government excesses in recent history, but private enterprise has had its time in the sun as well, from the Roman publicani to the British East India Company and other colonial entrepreneurs, to the corrupt America of the Gilded Age.

Ideally I would like to see the people have some say in how the country is run, but that’s not how our system was set up. This country was founded as an oligarchy, and an oligarchy it has remained. And that is why today, in these United States, a philosophy of encouraging the most liberty possible, for the largest number of people possible, requires a strong central government. Not too strong, but strong enough to stay locked in its struggle with the great corporations, a struggle that we must hope never ends in victory for one side or the other. Because the one that falls will, in falling, crush the people beneath it.

Democracy Overrated?

Interesting article on the BBC about the necessity of democracy.

I, for the most part, agree; democracy can be useful, but it is not necessary for freedom or civil liberties. What if, for example, in a democracy the majority of the voters support ‘ethnic cleansing’ of a minority? What if the major political parties agree on how they’re going to screw-over the populace and only confine their ‘opposition’ to areas that don’t really matter? What if a ‘democratic’ government decides to keep secret from the people what it’s doing in their name? How much good is your democracy then?

Good government is more important than the particular form of that government.

Down Syria Way

A good overview of what’s about to happen in Syria.

I’m really not sure what our leaders hope to gain from a war there. There aren’t any resources to speak of in Syria itself, so the only logical reason would be to break up one of the regional powers. But politics isn’t always logical.

Who Pays The Price?

Bruce Schneier, as usual, makes some good points, but I wanted to expand on one thing he says.

The people who make the decisions on whether or not to implement some new security law or policy only benefit; they never suffer from the side effects. The police chief isn’t going to have a SWAT team show up at his house. The President isn’t going to be frisked and strip-searched at the airport. They get the political benefit of looking tough on crime/terrorism/drugs/whatever, we pay the price out of our time, dignity, and sometimes our lives.

Bank Pays Justice Department To Ignore Crimes

The US Justice Department has accepted a $1.9 Billion bribe to ignore HSBC’s money laundering.

At least they’re high-priced whores.

Ban ‘Em

23 killed, 109 injured in a knife attack. It’s a good thing this can’t have happened, because only guns can kill that many people. It would be terrible if that many people had really been killed and injured.

Know When To Fold ‘Em

The people whining about Obama using diplomacy instead of military force to face down Russia over the Ukraine don’t know what the fuck they’re talking about. From Truman on down no US President has dared take on Russia directly. The US only threatens smaller countries, that can’t really hurt us. It’s only practical. When North Korea invaded South Korea 1950, we were all over that. The same in Vietnam, 15 years later. When Russia invaded Czechoslovakia in 1948 and Hungary in 1956 and Afghanistan in 1978, we didn’t do shit.

Russia can fight back, on approximately equal terms. We aren’t going to do squat about anything they decide to do along their own borders, no matter who’s president.

Blood On The Streets

So, here we are again. Last night here in Dallas someone ambushed police officers who were providing security at a peaceful demonstration, killing five and wounding seven more.

This is a predictable reaction to repeated instances of police killing black men on what, at best, seems to often be the flimsiest of pretexts. It was inevitable that, at some point, some black people would decide to hit back. Predictable, but unfortunate. Shooting random police officers is definitely counter-productive if you want to try and reduce the violence in America’s cities.

The news media is full now of stories with the traditional ‘who, what, where, and how.’ Who shot who with what and when. The hard question, though, the question that must be asked if we want to break this cycle of violence, is ‘why.’ As with any seemingly senseless act of violence, you can’t prevent future acts if you don’t understand why they’re happening.

Let us be clear that the problem starts with policing. Not the police necessarily, the individual men and women wearing the uniform. I’m certainly not saying that the officers shot last night had it coming, or anything like that. I mean the institution of policing in the United States, how we do it, and what it’s for.

There are basically ways of looking at policing. First, policing can be about protecting the people in the area being policed, preventing crime, making those people’s lives safer and better. This is what policing is in many countries, and what we say it is here in the US–‘Protect and Serve’–but in many communities it really isn’t. It’s the other kind of policing: Police as an occupying force, which sees the people being policed not as a group to be protected, but as a group that other people must be protected from.

This is a huge difference in attitude, and it touches on every interaction between police and policed. And, unfortunately, for a variety of reasons going back decades, most of the people in the areas most conspicuously ‘occupied’ (vs. ‘protected’) have dark skin. Dark skin thus becomes a marker, an indicator that that person is a ‘them,’ one of the people who is not to be protected, but protected against. The cop on the street is likely to see a white person with a gun as an ‘us.’ Probably not a threat, and maybe even a potential ally (especially if the white person is well-dressed, driving a nice car or truck, or shows other signs of the proper tribal allegiance). A white concealed handgun license holder who is pulled over in a traffic stop is much more likely to be let off with a warning than to find himself face-down on the pavement with guns pointed at him.

A black person with a gun, though, is very likely to be classed on sight as a ‘them,’ an outsider, a threat. If the black person also doesn’t show the ‘proper’ middle class symbols in terms of clothes, car, and speech, that likelihood goes way up. A white person with a gun might be seen as a possible ally, but a black person with a gun will almost certainly be seen as an immediate threat, and treated accordingly. Recent shootings by police have highlighted this dramatically.

The black person, of course, knows all this, and knows how police have treated black people for, well, as long as there have been police in this country. He or she is also going to be nervous and fearful. Both sides, then, are coming into the encounter with fear and mistrust of the other. It doesn’t take much to escalate such a situation to violence.

This article is an excellent look at the problem of racism within police forces. The problem isn’t that all police are out to immediately shoot all minorities they encounter. The problem is that they are much more likely to treat a minority person as a threat, an other, and that they are likely to get away with mistreating that person. The presumption is that any minority person killed or injured by the police had it coming somehow. White America, protected and served by its police, sees them as heroes who wouldn’t hurt anyone without a really good reason. Occupied, brown, America, sees it differently.

As Hudson says in the above-linked article, the problem is institutional. He says that about 15% of police will always do the right thing, about 15% will abuse their authority whenever possible, and about 70% will go along with the environment they find themselves in. We can quibble over the exact proportions, but I see little to argue with in the general idea. Some cops are good, some are bad, and most are just people trying to get through a crappy day at work, like everyone else.

A good system could handle that, weed out the bad officers and encourage the good ones. Unfortunately, the system we have, the us-vs-them mentality of many police departments, protects the abusive cops. Police departments are tasked with policing themselves, and almost always find that they did nothing wrong. Even if the cops really did behave properly (not every shooting is a bad shooting), the questionable impartiality of the oversight process makes it hard for outsiders to trust it.

In short, then, the problem seems to be an ‘occupying force’ mentality that permeates many police departments, at least regarding certain areas of their city, which creates an atmosphere of racism, fear, and hostility. (You could argue that the racism came first, and I wouldn’t disagree.) Poor oversight, and a general attitude that the police are usually, if not always, in the right keeps bad cops from being punished, for the most part, which leads naturally to incredible frustration on the part of the people in Occupied America, who feel that the rest of the country doesn’t care what happens to them. (There is, unfortunately, some truth to this. White America doesn’t care about violence as long as it stays in ‘those’ neighborhoods. Only when white people in ‘good’ parts of town are killed do people get upset and start demanding that Something Be Done.) This leads to the sort of thing we had in Dallas last night, which will lead to even more fear and violence from the police, and so on.

Now that we have, I hope, some insight into the root of the problem, what can we do about it?

The obvious long-term solution is to fix the poverty and crime that keeps Occupied America occupied. That’s a difficult problem, though (particularly since White America doesn’t want those people in the workforce, competing for a piece of an ever-shrinking economic pie, but that’s another topic) and outside the scope of this particular essay.

In the more immediate term, we need some sort of impartial body–a group that can be seen as impartial–to investigate complaints against the police. I see this as an absolutely critical step. I think that people could handle a police officer being cleared of wrongdoing in a questionable shooting if the body that clears him is seen as trustworthy. Each state should set up its own review commission, with any current or former law enforcement officers barred from serving on it. The UK’s Independent Police Complaints Commission would make a good model.

An impartial review process, besides its primary goal of ensuring fair treatment by the police, would also be more fair for the police. It is unreasonable to expect them to impartially oversee themselves.

In addition to independent oversight, police departments themselves need an overhaul. The attitude that they are an occupying force there to contain certain neighborhoods, and protect the surrounding areas from those people, must be weeded out. The idea must be impressed on the police that they are there to protect and serve everyone.

Doing that will take time and money. The average police officer in the United States receives about 19 weeks of training. Police officers in Germany receive at least 130 weeks of training. That is a huge investment of time, effort, and money in each police officer, but it pays off for the Germans. The police there are highly trusted, even by minorities. They also shoot people at about only 1% the rate that US policemen do.

Of course, it wouldn’t do to take those new, highly trained, more thoughtful and understanding, police and throw them in dribs and drabs into the existing police culture. They would quickly be overwhelmed, absorbed into the prevailing culture or quitting in disgust. This is where it gets hard. While this new generation of police officers is being trained we must work on breaking up the culture of the existing departments, weeding out the bad officers and encouraging a less confrontational style of policing. It would probably be worthwhile to send some current officers through the new training process. (Or at least an abbreviated version.) This could be the first task of the new police oversight commissions; sifting through the officers’ records and recommending terminations, promotions, demotions, and retraining.

Even with that, it would probably be best to clump the new officers together as much as possible, to build a new culture. Reassign officers in existing precincts to free up space so that the new officers make up a majority in that neighborhood. We could even take the radical step of recruiting promising high school kids from occupied neighborhoods and on graduation sending them to a police academy and then back to serve and protect their old neighborhood. Who better to understand and help the people there? It might be necessary in some cases to completely disband a department and rebuild it from the ground up.

All of this, of course, would be met with absolutely ferocious resistance from the police. It would also cost a lot of money, and getting the new generation of highly trained police into the field would take years. (It would probably take years just to set up the training process, much less complete more than two years of training.) The oversight commissions, at least, would provide relatively immediate relief, if they could be created in the face of police resistance.

If we really want things to change, though, that’s what it’s going to take.

The question is, do we want things to change?