A DAY OF FUN WITH FAMILY. TOO BAD METS LOST!
Sunday, May 31, 2009
Thursday, May 28, 2009
KOREA, DEFCON 1??
Jim RawlesSteve QuayleMay 28, 2009
Based upon this article in Yahoo! and an article earlier today from Joonang Ilbo, I estimate that as a minimum US Forces, Korea has gone to DEFCON 1 and I suspect that Pacific Command is at DEFCON 2 as a minimum. I base this on my year of service in Korea from October 1975 to October, 1976 which time included the “Tree War”. At that time I was an F-4 Weapons Systems Officer and squadron additional duty plans officer with the 80th Tactical Fighter Squadron (Juvats) at Kunsan Air Base.
Many of the articles I have read over the past few days indicate that the driving force behind this current “temper tantrum” is the United Nations Security Council rebuke for the Taepodong-2 test that failed to stage and crashed into the sea. Many other articles have opined that the real problem is succession. Their theory is that Mr. Kim, knowing his time on this Earth is severely limited after his last medical problem, is pressing for the guaranteed survival of the DPRK so he can name his successor.
At this point I’m not sure that the reason makes any difference. I believe we are at a point where if Kim backs down, he incurs a catastrophic loss of face. Add to that the cessation of the behind the scenes support from South Korea that occurred under the Roh government. Mr. Kim has also ejected the World Food Program from the DPRK. Since all information on North Korean agriculture appears to be classified at the SECRET level, we don’t have access to the LANDSAT photos that would allow us to know the condition of agriculture in the DPRK. We don’t even know if the KPA participated in the Spring Planting. Considering that they were supposedly on war alert for the Taepodong-2 launch, their participation is in serious question. If the KPA did NOT participate in the Spring Planting, that would be a strong indicator that the DPRK was not depending on this fall’s harvest for food.
A d v e r t i s e m e n t
There are in the Soviet system only two times when you go to war: Summer and Winter. Spring and Fall occupy the army fully with planting or harvest. Why? Because the army has all of the vehicles needed to accomplish either without emptying the cities and sending them to the collectives. Since there is so much we do not know about the state of North Korean agriculture, we must make educated estimates of same. We do know that over the last five or six years, a significant amount of newly terraced land on the western hills was planted and then washed into the Yellow Sea by typhoons. This land at almost at once became arable and useless. There are few other areas in the DPRK where land may be adapted to agriculture that is not already in use and over use.
There is good reason why the United States does not destroy the various facilities of the DPRK that are causing so much consternation. The first reason, and the most important, is that the DPRK holds Seoul hostage. The Korean People’s Army has about 11,000 artillery pieces and rocket launchers carefully concealed along and shortly behind the DMZ that target the area between the DMZ and the Han River. It is physically impossible to destroy these systems before they turn the heart of South Korea into rubble laden with chemical and biological agents. At worst for the South, these systems will have 24 hours to do their missions before we can destroy them. Whatever we may believe about a solution to the Kim problem, the Republic of Korea risks its existence whatever we do. I believe the decision about war or peace belongs to them.
Here I believe that the Joong Ang Article about command relationships is telling. It has been US policy since the creation of North and South Korea not to sell or allow the ROK forces to have offensive weapons. It has always been the United States that has supplied the heavy artillery and air power to defend the ROK. That is also why the US forces have been moved in stages south of the Han and out of initial range of the DPRK initial bombardment and assault. If the South Koreans, after many years of discussion and political discourse, decided to unify all military units in South Korea under a joint and South Korean lead command structure suddently decide to cancel that plan is a serious loss of face for the ROK. Not something they would do unless they were really scared.
This situation reminds me a lot of the “Tree War”. The DPRK created a major incident in the DMZ and then backed off when we applied significant force. At no point in this current run of events has the United States applied or even threatened significant force. When we went to chop down that offending tree, there were some 100 aircraft airborne including two cells of B-52s. I broke more peacetime flying rules in the following two weeks than ever before in my career. Live MigCAPS do get your attention.
That is exactly what bothers me about this current mess. There are sufficient imponderables here to keep all of us guessing. I do not see Mr. Kim backing down. I do not see USFK or the ROK backing down. I do see the imminent possibility of a black hole into which all disappear and only chaos reappears.
God help us all.
Richard E. RadcliffeCaptain, USAF (Retired)
Permission is granted to publish in its entirety.
Based upon this article in Yahoo! and an article earlier today from Joonang Ilbo, I estimate that as a minimum US Forces, Korea has gone to DEFCON 1 and I suspect that Pacific Command is at DEFCON 2 as a minimum. I base this on my year of service in Korea from October 1975 to October, 1976 which time included the “Tree War”. At that time I was an F-4 Weapons Systems Officer and squadron additional duty plans officer with the 80th Tactical Fighter Squadron (Juvats) at Kunsan Air Base.
Many of the articles I have read over the past few days indicate that the driving force behind this current “temper tantrum” is the United Nations Security Council rebuke for the Taepodong-2 test that failed to stage and crashed into the sea. Many other articles have opined that the real problem is succession. Their theory is that Mr. Kim, knowing his time on this Earth is severely limited after his last medical problem, is pressing for the guaranteed survival of the DPRK so he can name his successor.
At this point I’m not sure that the reason makes any difference. I believe we are at a point where if Kim backs down, he incurs a catastrophic loss of face. Add to that the cessation of the behind the scenes support from South Korea that occurred under the Roh government. Mr. Kim has also ejected the World Food Program from the DPRK. Since all information on North Korean agriculture appears to be classified at the SECRET level, we don’t have access to the LANDSAT photos that would allow us to know the condition of agriculture in the DPRK. We don’t even know if the KPA participated in the Spring Planting. Considering that they were supposedly on war alert for the Taepodong-2 launch, their participation is in serious question. If the KPA did NOT participate in the Spring Planting, that would be a strong indicator that the DPRK was not depending on this fall’s harvest for food.
A d v e r t i s e m e n t
There are in the Soviet system only two times when you go to war: Summer and Winter. Spring and Fall occupy the army fully with planting or harvest. Why? Because the army has all of the vehicles needed to accomplish either without emptying the cities and sending them to the collectives. Since there is so much we do not know about the state of North Korean agriculture, we must make educated estimates of same. We do know that over the last five or six years, a significant amount of newly terraced land on the western hills was planted and then washed into the Yellow Sea by typhoons. This land at almost at once became arable and useless. There are few other areas in the DPRK where land may be adapted to agriculture that is not already in use and over use.
There is good reason why the United States does not destroy the various facilities of the DPRK that are causing so much consternation. The first reason, and the most important, is that the DPRK holds Seoul hostage. The Korean People’s Army has about 11,000 artillery pieces and rocket launchers carefully concealed along and shortly behind the DMZ that target the area between the DMZ and the Han River. It is physically impossible to destroy these systems before they turn the heart of South Korea into rubble laden with chemical and biological agents. At worst for the South, these systems will have 24 hours to do their missions before we can destroy them. Whatever we may believe about a solution to the Kim problem, the Republic of Korea risks its existence whatever we do. I believe the decision about war or peace belongs to them.
Here I believe that the Joong Ang Article about command relationships is telling. It has been US policy since the creation of North and South Korea not to sell or allow the ROK forces to have offensive weapons. It has always been the United States that has supplied the heavy artillery and air power to defend the ROK. That is also why the US forces have been moved in stages south of the Han and out of initial range of the DPRK initial bombardment and assault. If the South Koreans, after many years of discussion and political discourse, decided to unify all military units in South Korea under a joint and South Korean lead command structure suddently decide to cancel that plan is a serious loss of face for the ROK. Not something they would do unless they were really scared.
This situation reminds me a lot of the “Tree War”. The DPRK created a major incident in the DMZ and then backed off when we applied significant force. At no point in this current run of events has the United States applied or even threatened significant force. When we went to chop down that offending tree, there were some 100 aircraft airborne including two cells of B-52s. I broke more peacetime flying rules in the following two weeks than ever before in my career. Live MigCAPS do get your attention.
That is exactly what bothers me about this current mess. There are sufficient imponderables here to keep all of us guessing. I do not see Mr. Kim backing down. I do not see USFK or the ROK backing down. I do see the imminent possibility of a black hole into which all disappear and only chaos reappears.
God help us all.
Richard E. RadcliffeCaptain, USAF (Retired)
Permission is granted to publish in its entirety.
Thursday, May 21, 2009
IN SUPPORT OF ISRAEL
For years I have been an outspoken supporter of Israel and have written letters and been in active demonstrations for Israel, and will never quit supporting Israel. I have received threats because of my articles and voicing out by all sorts of people. I am not Jewish, I am an American citizen with a Greek heritage, and I have the courage to speak up in support for Israel and her people. In fact within my Greek Orthodox Church, I have been ridiculed and even scolded by my former priest because of this love and support of Israel. "I DO NOT CARE WHAT ANYONE THINKS"!
I am amazed at what is going on right now with President Obama, as he is slapping Israel, our only true friend, right in the face. President Obama must and should stand firm side by side with Israel as she protects herself from the onslaught of the Muslim savages that want nothing else but total death to anyone who is Jewish, and when Israel stands up for her right to defend herself and her people, condemnation is placed upon her. WHY?
Do Israelis strap themselves with belt bombs and go and kill innocent children on school buses or movie theaters? NO!!! But Muslim savages with no regard for human life thrive on doing just that. They salivate and foam at the mouth for the chance to strap themselves up with bombs and blow themselves up while killing innocent women and children, all because they believe the Koran approves this. How brainwashed can a group of people be?
I am amazed at what is going on right now with President Obama, as he is slapping Israel, our only true friend, right in the face. President Obama must and should stand firm side by side with Israel as she protects herself from the onslaught of the Muslim savages that want nothing else but total death to anyone who is Jewish, and when Israel stands up for her right to defend herself and her people, condemnation is placed upon her. WHY?
Do Israelis strap themselves with belt bombs and go and kill innocent children on school buses or movie theaters? NO!!! But Muslim savages with no regard for human life thrive on doing just that. They salivate and foam at the mouth for the chance to strap themselves up with bombs and blow themselves up while killing innocent women and children, all because they believe the Koran approves this. How brainwashed can a group of people be?
Tuesday, May 19, 2009
OIL FIELD DISCOVERED IN IRAQ
This past week, with little fanfare from the media and government officials, a U.S company, Heritage oil Corp, discovered a huge oil field in Iraqi Kurdistan, with a possible potential of 4.2 billion barrels. Great right? No mention of this by anyone. The liberal left, along with their media allies, want everyone to believe that oil is running out, but the truth is that there is oil out there and it is a matter of time when it is found.
A GROWING ALLIANCE BETWEEN CHINA AND BRAZIL IS GOING UNOTICED
Brazil and China started their alliance way back in 1993, and has grown stronger and stronger. This week, between May18-20, 2009, Brazilian President, Luis Inacio Lula da Silva, will arrive in China and have talks on how to improve and make their alliance stronger.
China signed a deal with Brazil's oil company, PetroBras, to deliver 160,000 barrels a day to the petrochemical branch of China's Sinopec and PetroChina, and in return China offered PetroBras $10 billion for development. The two leaders will also discuss military cooperation. Brazilian President is willing to allow China to establish military bases in Brazil, and the Chinese government is salivating at the thought of being so close to United States borders.
HELLO!!!!!! ANYONE HOME AT THE WHITE HOUSE, AT THE PENTAGON, OR OTHER ENTITY THAT IS SUPPOSED TO KEEP THE UNITED STATES SAFE AND SECURE???
China signed a deal with Brazil's oil company, PetroBras, to deliver 160,000 barrels a day to the petrochemical branch of China's Sinopec and PetroChina, and in return China offered PetroBras $10 billion for development. The two leaders will also discuss military cooperation. Brazilian President is willing to allow China to establish military bases in Brazil, and the Chinese government is salivating at the thought of being so close to United States borders.
HELLO!!!!!! ANYONE HOME AT THE WHITE HOUSE, AT THE PENTAGON, OR OTHER ENTITY THAT IS SUPPOSED TO KEEP THE UNITED STATES SAFE AND SECURE???
Monday, May 18, 2009
Sunday, May 10, 2009
AM I AN EXTREMIST????
ACCORDING TO THIS, SOMEONE LIKE ME WHO THINKS AND ASKS QUESTIONS, AND DEBATES ISSUES, WOULD BE CONSIDERED AN EXTREMIST!!
HR 2159 IH
111th CONGRESS
1st Session
H. R. 2159
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
IN THE HOUSE OF REPRESENTATIVES
April 29, 2009
Mr. KING of New York (for himself, Mr. RANGEL, Mr. CASTLE, Mrs. MCCARTHY of New York, Mr. KIRK, Mr. MORAN of Virginia, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Denying Firearms and Explosives to Dangerous Terrorists Act of 2009’.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section 922:
‘Sec. 922A. Attorney General’s discretion to deny transfer of a firearm
‘The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.’;
(2) by inserting the following new section after section 922A:
‘Sec. 922B. Attorney General’s discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
‘The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’; and
(3) in section 921(a), by adding at the end the following:
‘(36) The term ‘terrorism’ means ‘international terrorism’ as defined in section 2331(1), and ‘domestic terrorism’ as defined in section 2331(5).
‘(37) The term ‘material support’ means ‘material support or resources’ within the meaning of section 2339A or 2339B.
‘(38) The term ‘responsible person’ means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.’.
(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting ‘or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A’ before the semicolon;
(2) in paragraph (2), by inserting after ‘or State law’ the following: ‘or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A’;
(3) in paragraph (3)(A)(i)--
(A) by striking ‘and’ at the end of subclause (I); and
(B) by adding at the end the following:
‘(III) was issued after a check of the system established pursuant to paragraph (1);’;
(4) in paragraph (3)(A)--
(A) by adding ‘and’ at the end of clause (ii); and
(B) by adding after and below the end the following:
‘(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;’;
(5) in paragraph (4), by inserting after ‘or State law,’ the following: ‘or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,’; and
(6) in paragraph (5), by inserting after ‘or State law,’ the following: ‘or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,’.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922(d) of such title is amended--
(1) by striking ‘or’ at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting ‘; or’;
(3) by inserting after paragraph (9) the following:
‘(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.’.
(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of such title is amended--
(1) by striking ‘or’ at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and inserting; ‘; or’; and
(3) by inserting after paragraph (9) the following:
‘(10) who has received actual notice of the Attorney General’s determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.’.
(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d)(1) of such title is amended--
(1) by striking ‘Any’ and inserting ‘Except as provided in subparagraph (H), any’;
(2) in subparagraph (F)(iii), by striking ‘and’ at the end;
(3) in subparagraph (G), by striking the period and inserting ‘; and’; and
(4) by adding at the end the following:
‘(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’.
(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after ‘revoke’ the following: ‘--(1)’; and
(B) by striking the period and inserting a semicolon;
(2) in the 2nd sentence--
(A) by striking ‘The Attorney General may, after notice and opportunity for hearing, revoke’ and insert ‘(2)’; and
(B) by striking the period and inserting ‘; or’; and
(3) by adding at the end the following:
‘(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’.
(g) Attorney General’s Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting ‘, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security’ before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence the following: ‘With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.’.
(h) Attorney General’s Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of such title is amended by inserting after the 3rd sentence the following: ‘If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.’.
(i) Penalties- Section 924(k) of such title is amended--
(1) by striking ‘or’ at the end of paragraph (2);
(2) in paragraph (3), by striking ‘, or’ and inserting ‘; or’; and
(3) by inserting after paragraph (3) the following:
‘(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or’.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--
(1) in the section heading, by striking ‘Remedy for erroneous denial of firearm’ and inserting ‘Remedies’;
(2) by striking ‘Any person denied a firearm pursuant to subsection (s) or (t) of section 922’ and inserting the following:
‘(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,’; and
(3) by adding after and below the end the following:
‘(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General’s determination on a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court’s own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General’s determination satisfies the requirements of section 922A or 922B.’.
(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended--
(1) in subsection (f)--
(A) by inserting after ‘is ineligible to receive a firearm,’ the following: ‘or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code’; and
(B) by inserting after ‘the system shall provide such reasons to the individual,’ the following: ‘except for any information the disclosure of which the Attorney General has determined would likely compromise national security’; and
(2) in subsection (g)--
(A) in the 1st sentence, by inserting after ‘subsection (g) or (n) of section 922 of title 18, United States Code or State law’ the following: ‘or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,’;
(B) by inserting ‘, except any information the disclosure of which the Attorney General has determined would likely compromise national security’ before the period; and
(C) by adding at the end the following: ‘Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.’.
(l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and inserting ‘; or’; and
(2) by adding at the end the following:
‘(10) has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2) of this title.’.
(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of such title is amended--
(1) by adding ‘or’ at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
‘(8) who has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2),’.
(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of such title is amended--
(1) by striking ‘Upon’ and inserting the following: ‘Except as provided in paragraph (8), on’; and
(2) by inserting after paragraph (7) the following:
‘(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.’.
(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of such title is amended--
(1) by inserting ‘(1)’ in the first sentence after ‘if’; and
(2) by striking the period at the end of the first sentence and inserting the following: ‘; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.’.
(p) Attorney General’s Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting ‘except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security’ before the period; and
(2) in paragraph (2), by adding at the end the following: ‘In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.’.
(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting ‘or section 843(b)(1) (on grounds of terrorism) of this title,’ after ‘section 842(i),’; and
(2) in subparagraph (B)--
(A) by inserting ‘or section 843(b)(8)’ after ‘section 842(i)’; and
(B) in clause (ii), by inserting ‘, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security’ before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking ‘ or (5)’ and inserting ‘(5), or (10)’.
HR 2159 IH
111th CONGRESS
1st Session
H. R. 2159
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
IN THE HOUSE OF REPRESENTATIVES
April 29, 2009
Mr. KING of New York (for himself, Mr. RANGEL, Mr. CASTLE, Mrs. MCCARTHY of New York, Mr. KIRK, Mr. MORAN of Virginia, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Denying Firearms and Explosives to Dangerous Terrorists Act of 2009’.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section 922:
‘Sec. 922A. Attorney General’s discretion to deny transfer of a firearm
‘The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.’;
(2) by inserting the following new section after section 922A:
‘Sec. 922B. Attorney General’s discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)
‘The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’; and
(3) in section 921(a), by adding at the end the following:
‘(36) The term ‘terrorism’ means ‘international terrorism’ as defined in section 2331(1), and ‘domestic terrorism’ as defined in section 2331(5).
‘(37) The term ‘material support’ means ‘material support or resources’ within the meaning of section 2339A or 2339B.
‘(38) The term ‘responsible person’ means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.’.
(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting ‘or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A’ before the semicolon;
(2) in paragraph (2), by inserting after ‘or State law’ the following: ‘or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A’;
(3) in paragraph (3)(A)(i)--
(A) by striking ‘and’ at the end of subclause (I); and
(B) by adding at the end the following:
‘(III) was issued after a check of the system established pursuant to paragraph (1);’;
(4) in paragraph (3)(A)--
(A) by adding ‘and’ at the end of clause (ii); and
(B) by adding after and below the end the following:
‘(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;’;
(5) in paragraph (4), by inserting after ‘or State law,’ the following: ‘or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,’; and
(6) in paragraph (5), by inserting after ‘or State law,’ the following: ‘or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,’.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922(d) of such title is amended--
(1) by striking ‘or’ at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting ‘; or’;
(3) by inserting after paragraph (9) the following:
‘(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.’.
(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of such title is amended--
(1) by striking ‘or’ at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and inserting; ‘; or’; and
(3) by inserting after paragraph (9) the following:
‘(10) who has received actual notice of the Attorney General’s determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.’.
(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d)(1) of such title is amended--
(1) by striking ‘Any’ and inserting ‘Except as provided in subparagraph (H), any’;
(2) in subparagraph (F)(iii), by striking ‘and’ at the end;
(3) in subparagraph (G), by striking the period and inserting ‘; and’; and
(4) by adding at the end the following:
‘(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’.
(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after ‘revoke’ the following: ‘--(1)’; and
(B) by striking the period and inserting a semicolon;
(2) in the 2nd sentence--
(A) by striking ‘The Attorney General may, after notice and opportunity for hearing, revoke’ and insert ‘(2)’; and
(B) by striking the period and inserting ‘; or’; and
(3) by adding at the end the following:
‘(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.’.
(g) Attorney General’s Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting ‘, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security’ before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence the following: ‘With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.’.
(h) Attorney General’s Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of such title is amended by inserting after the 3rd sentence the following: ‘If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.’.
(i) Penalties- Section 924(k) of such title is amended--
(1) by striking ‘or’ at the end of paragraph (2);
(2) in paragraph (3), by striking ‘, or’ and inserting ‘; or’; and
(3) by inserting after paragraph (3) the following:
‘(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or’.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--
(1) in the section heading, by striking ‘Remedy for erroneous denial of firearm’ and inserting ‘Remedies’;
(2) by striking ‘Any person denied a firearm pursuant to subsection (s) or (t) of section 922’ and inserting the following:
‘(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,’; and
(3) by adding after and below the end the following:
‘(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General’s determination on a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court’s own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General’s determination satisfies the requirements of section 922A or 922B.’.
(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended--
(1) in subsection (f)--
(A) by inserting after ‘is ineligible to receive a firearm,’ the following: ‘or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code’; and
(B) by inserting after ‘the system shall provide such reasons to the individual,’ the following: ‘except for any information the disclosure of which the Attorney General has determined would likely compromise national security’; and
(2) in subsection (g)--
(A) in the 1st sentence, by inserting after ‘subsection (g) or (n) of section 922 of title 18, United States Code or State law’ the following: ‘or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,’;
(B) by inserting ‘, except any information the disclosure of which the Attorney General has determined would likely compromise national security’ before the period; and
(C) by adding at the end the following: ‘Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.’.
(l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and inserting ‘; or’; and
(2) by adding at the end the following:
‘(10) has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2) of this title.’.
(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of such title is amended--
(1) by adding ‘or’ at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
‘(8) who has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2),’.
(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of such title is amended--
(1) by striking ‘Upon’ and inserting the following: ‘Except as provided in paragraph (8), on’; and
(2) by inserting after paragraph (7) the following:
‘(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.’.
(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of such title is amended--
(1) by inserting ‘(1)’ in the first sentence after ‘if’; and
(2) by striking the period at the end of the first sentence and inserting the following: ‘; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.’.
(p) Attorney General’s Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting ‘except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security’ before the period; and
(2) in paragraph (2), by adding at the end the following: ‘In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.’.
(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting ‘or section 843(b)(1) (on grounds of terrorism) of this title,’ after ‘section 842(i),’; and
(2) in subparagraph (B)--
(A) by inserting ‘or section 843(b)(8)’ after ‘section 842(i)’; and
(B) in clause (ii), by inserting ‘, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security’ before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking ‘ or (5)’ and inserting ‘(5), or (10)’.
Wednesday, May 6, 2009
FINAL REPORTS G-20 MEETING
There is a lot of great information here with the final reports of the G-20 meeting
http://www.g20.org/Documents/g20_wg1_010409.pdf
http://www.g20.org/Documents/g20_wg2_010409.pdf
http://www.g20.org/Documents/g20_wg3_010409.pdf
http://www.g20.org/Documents/g20_wg4_010409.pdf
http://www.g20.org/Documents/g20_wg1_010409.pdf
http://www.g20.org/Documents/g20_wg2_010409.pdf
http://www.g20.org/Documents/g20_wg3_010409.pdf
http://www.g20.org/Documents/g20_wg4_010409.pdf
WAYNE COUNTY PA DISTRICT JUSTICE
Below is a letter I send to Mr. Bennett, who is running for District Justice in Wayne County, PA, and I do admit that Mr. Bennett is a good man, and has his beliefs, I personally thing those beliefs will not be good for being on the bench.
Mr. Bennett,
You are a good man, and meeting you a few times I can feel that, but your views on how to handle offenders bothers me. It seems that you will lean towards the offenders, rather the victims, and although a noble gesture in giving people a chance, what about the victims that had no chance, whether it be theft, or even murder? Should they not be number one priority?
I never get involved with local politics, sometimes with State issues, NY, NJ, PA, but I focus on national and international issues, to the point during the Bush terms I was very active with his campaigns, so what I am saying is that with this local election I will get involved and I will try to make people aware of what and who should be the next Judge for Wayne County
Mr. Bennett,
You are a good man, and meeting you a few times I can feel that, but your views on how to handle offenders bothers me. It seems that you will lean towards the offenders, rather the victims, and although a noble gesture in giving people a chance, what about the victims that had no chance, whether it be theft, or even murder? Should they not be number one priority?
I never get involved with local politics, sometimes with State issues, NY, NJ, PA, but I focus on national and international issues, to the point during the Bush terms I was very active with his campaigns, so what I am saying is that with this local election I will get involved and I will try to make people aware of what and who should be the next Judge for Wayne County
Tuesday, May 5, 2009
TWO GOOD SITES
These past few days I viewed two good sites and below are the links so others can see as well.
http://www.templeinstitute.org/main.htm
http://www.bibalex.org/English/index.aspx
http://www.templeinstitute.org/main.htm
http://www.bibalex.org/English/index.aspx
INTERNET CONTROL
For the people who follow world politics, realize and know that it is no secret the EU/UN agenda is to cripple the United States, to pull the rug from under our feet and to have us fall flat on our face, and sadly we have a President, a Congress, and a Senate, along with various media, that are willing to help our so-called friends in decapitating the United States of America, and make us a second rate power.
On May 6, 2009, the EU will hold a meeting to figure out how to make President Obama and the U.S Houses, to dissolve its current control of Cyberspace, and create a 12-person panel to control it, with the EU/UN as the overseers. The EU wants 2 people from North and South America, 2 from Europe, 2 from Africa and 3 from Asia and Australia, a total of 12. The EU wants the the United States of America to dissolve all government links with the body that governs the Internet, replacing it with an international forum for discussing Internet governance and online security.
My concern is that our current left wing liberal leaders, from President Obama and members of the house and Senate, along with the various media, are more than happy to appease our enemies and our fake friends and make the United States a second rate power.
On May 6, 2009, the EU will hold a meeting to figure out how to make President Obama and the U.S Houses, to dissolve its current control of Cyberspace, and create a 12-person panel to control it, with the EU/UN as the overseers. The EU wants 2 people from North and South America, 2 from Europe, 2 from Africa and 3 from Asia and Australia, a total of 12. The EU wants the the United States of America to dissolve all government links with the body that governs the Internet, replacing it with an international forum for discussing Internet governance and online security.
My concern is that our current left wing liberal leaders, from President Obama and members of the house and Senate, along with the various media, are more than happy to appease our enemies and our fake friends and make the United States a second rate power.
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http://www.youtube.com/watch?v=G44NCvNDLfc&feature=player_embedded Ok, this is worth every MINUTE (ONLY 4) to watch this! THIS HITS IT ...
