Heartfelt sympathies go out to the police under this policy/leadership.
It sucks working for people who don’t understand the reality of a lethal force encounter. People who don’t understand how little time is available for the right decision, how dynamic and fluid situations are in real life vs on paper, in the book, or in some scripted scenario/video trainer.
While this is indeed “an alternative…” it certainly won’t be applied in a way that “preserves life.” I can’t imagine a more ridiculous statement in regards to firearms and the credible use of lethal force.
It set’s the public up with unrealistic expectations.
Firearms are NOT a less than lethal option, anyone who tells you different is ignorant, run – don’t walk away.
This is an industry I am intimately familiar with. I am familiar with both the work environment and the potential threats. They are not so different than the threats that any manufacturing operation faces, but I am very familiar with the cabinetry industry environment.
Active shooters will disable any operation. But, manufacturing is particularly susceptible. Open spaces, poorly vetted employees, poorly controlled entry points, uncomfortable working conditions (particularly in the summer months)… It can be a charged enviroment.
Further, Texans are fond of telling me that they are armed and ready for such eventualities. I’ve always known that was bunk, but this particular case in point illustrates exactly how vulnerable facilities and enterprises are. Texan or otherwise.
Law Enforcement cannot be in all places at all times. And, even if they could, their job is not to protect specific individuals or enterprises. Their job is to respond after a crime has been committed.
No guns policies from HR will not prevent these incidents. Lawyers will not stand between your enterprise and a deadly threat. As a result, your only real option is to defend your enterprise by creating an in-house, proprietary security force. Capable of responding, real-time, at point of inception, to a lethal threat on premise.
As has been proven more than once, enterprise leadership is liable if a lethal event occurs and they have failed to secure their enterprise. Do not wait to secure your enterprise until something tragic has occurred. At that point, no army of underwriters will save you. You will be on the hook for the liability, the downtime, the employee counseling, the bad press, and the funeral expenses. Is that what you want? Your employees are your lifeblood. Why are you leaving them vulnerable by not preparing adequately?
Don’t be the CEO, COO, HR Director, or Ops Manager that allows this to happen on premise. Defend your enterprise. Distributed Security can help. Get in touch.
As a geographical location, the US, not necessarily under that name, can exist for a long time. But as a nation the US no longer exists. A nation requires a homogeneous population, which the US does not have, and far more unity than exists today in the US. Once past the colonial era when the immigration gates were opened, the English population was diluted with Irish, Italians, Poles, Jews, and a variety of other European peoples. With sensible immigration policies and requirements, the US was able to assimilate diverse European ethnicities into an English rule of law, English civil liberties, and the English language. These successful efforts of assimilation were abandoned decades ago and supplanted by “multiculturalism” and “diversity.” Today the US is a Tower of Babel.
Today the US is too diverse to live under the same laws. For example,Democrats have stated their intention of destroying the Second Amendment. Moreover, some of them are prepared to do so not by legislative action but by presidential fiat, a power that the US Constitution does not permit. For example, anti-constitutionalists US Representatives Mike Thompson (D-Calif.), Joe Neguse (D-Colo.), Val Demings (D-Fla.), and Ed Perlmutter (D-Colo.) have asked election thief Joe Biden to “take executive action” against “assault weapons.”
To request a president to exercise a power he does not have is how tyranny begins, but the Democrat Representatives are so lacking in American enculturation that they ask Biden to pull non-existent powers out of the air and use them against the US Constitution. This alone proves my point that there is no American nation. The United States is the Constitution. Devoid of the Constitution it is some other country.
Aware that the anti-American and illegitimate Biden regime intends to remove Americans’ constitutional right to defend their lives and property against criminals and their liberty against Washington’s tyranny, the Arkansas State Senate has passed in advance of federal action a bill banning the enforcement of Federal gun laws in Arkansas.
Today in the US there are many more sectional disagreements than existed in 1860.
In the US today traditional white Americans—not the woke Democrats—see themselves under threat. The officials of the ruling party and the media presstitutes have declared traditional white Americans to be “domestic extremists,” “domestic enemies,” “white supremacists,” and “Trump deplorables.” The FBI is searching for and prosecuting those who exercised their First Amendment right to free speech and association by attending the Trump rally in Washington and are falsely accusing those who exercised Constitutional rights of attempting a “Trump insurrection.” The crazed anti-American House Democrats actually tried to impeach former President Trump for a non-existent “insurrection against the US government.”
This shows that the US politically has degenerated into a backwoods third world country where the incoming regime arrests or executes the previous president.
Trump supporters are the patriots who historically have formed the backbone of the country’s armed forces. It is these people in the armed forces who the Pentagon is presently purging.
While the idiot appointed Secretary of Defense eliminates the fighting capability of the US military, the illegimate president in the White House calls the presidents of Russia and China names and issues threats. Simultaneously, the idiot playing Secretary of Defense issues an American guarantee to Ukraine against Russia, while the Defense department announces a lipsticked, painted fingernail, ponytailed, transgendered army in the interest of diversity.
The kinds of men who made the US Marines and paratroopers a fighting force are not going to join such an army or accept such creatures as officers. The US military is history. Ukraine should take this into account before they get themselves destroyed. The American guarantee is worth zero, and this worthless guarantee can start a world conflagration just like the worthless guarantee the idiot British government gave to Poland in March 1939.
The White House has released some details of the six executive actions the JoeBama team has put together for Joe Biden to sign.
(1) The Justice Department, within 30 days, will issue a proposed rule to help stop the proliferation of “ghost guns.” We are experiencing a growing problem: criminals are buying kits containing nearly all of the components and directions for finishing a firearm within as little as 30 minutes and using these firearms to commit crimes. When these firearms turn up at crime scenes, they often cannot be traced by law enforcement due to the lack of a serial number. The Justice Department will issue a proposed rule to help stop the proliferation of these firearms.
(2) The Justice Department, within 60 days, will issue a proposed rule to make clear when a device marketed as a stabilizing brace effectively turns a pistol into a short-barreled rifle subject to the requirements of the National Firearms Act. The alleged shooter in the Boulder tragedy last month appears to have used a pistol with an arm brace, which can make a firearm more stable and accurate while still being concealable.
(3) The Justice Department, within 60 days, will publish model “red flag” legislation for states. Red flag laws allow family members or law enforcement to petition for a court order temporarily barring people in crisis from accessing firearms if they present a danger to themselves or others. The President urges Congress to pass an appropriate national “red flag” law, as well as legislation incentivizing states to pass “red flag” laws of their own. In the interim, the Justice Department’s published model legislation will make it easier for states that want to adopt red flag laws to do so.
(4) The Administration is investing in evidence-based community violence interventions. Community violence interventions are proven strategies for reducing gun violence in urban communities through tools other than incarceration. Because cities across the country are experiencing a historic spike in homicides, the Biden-Harris Administration is taking a number of steps to prioritize investment in community violence interventions.
The American Jobs Plan proposes a $5 billion investment over eight years to support community violence intervention programs. A key part of community violence intervention strategies is to help connect individuals to job training and job opportunities.
The U.S. Department of Health and Human Services is organizing a webinar and toolkit to educate states on how they can use Medicaid to reimburse certain community violence intervention programs, like Hospital-Based Violence Interventions.
Five federal agencies are making changes to 26 different programs to direct vital support to community violence intervention programs as quickly as possible. These changes mean we can start increasing investments in community violence interventions as we wait on Congress to appropriate additional funds. Read more about these agency actions here.
(5) The Justice Department will issue an annual report on firearms trafficking. In 2000, the Bureau of Alcohol, Tobacco, and Firearms (ATF) issued a report summarizing information regarding its investigations into firearms trafficking, which is one way firearms are diverted into the illegal market where they can easily end up in the hands of dangerous individuals. Since the report’s publication, states, local, and federal policymakers have relied on its data to better thwart the common channels of firearms trafficking. But there is good reason to believe that firearms trafficking channels have changed since 2000, for example due to the emergence of online sales and proliferation of “ghost guns.” The Justice Department will issue a new, comprehensive report on firearms trafficking and annual updates necessary to give policymakers the information they need to help address firearms trafficking today.
(6) The President will nominate David Chipman to serve as Director of the Bureau of Alcohol, Tobacco, and Firearms. ATF is the key agency enforcing our gun laws, and it needs a confirmed director in order to do the job to the best of its ability. But ATF has not had a confirmed director since 2015. Chipman served at ATF for 25 years and now works to advance commonsense gun safety laws. (White House Link)
Americans outraged by the storming of Capitol Hill are in for a jarring reality check: Many of those who invaded the halls of Congress on Jan. 6 are likely to get little or no jail time.
While public and media attention in recent weeks has been focused on high-profile conspiracy cases against right-wing, paramilitary groups like the Oath Keepers and the Proud Boys, the most urgent decisions for prosecutors involve resolving scores of lower-level cases that have clogged D.C.’s federal district court.
A POLITICO analysis of the Capitol riot-related cases shows that almost a quarter of the more than 230 defendants formally and publicly charged so far face only misdemeanors. Dozens of those arrested are awaiting formal charges, even as new cases are being unsealed nearly every day.
In recent days, judges, prosecutors and defense attorneys have all indicated that they expect few of these “MAGA tourists” to face harsh sentences.
There are two main reasons: Although prosecutors have loaded up their charging documents with language about the existential threat of the insurrection to the republic, the actions of many of the individual rioters often boiled down to trespassing. And judges have wrestled with how aggressively to lump those cases in with those of the more sinister suspects.
“My bet is a lot of these cases will get resolved and probably without prison time or jail time,” said Erica Hashimoto, a former federal public defender who is now a law professor at Georgetown. “One of the core values of this country is that we can protest if we disagree with our government. Of course, some protests involve criminal acts, but as long as the people who are trying to express their view do not engage in violence, misdemeanors may be more appropriate than felonies.”
The prospect of dozens of Jan. 6 rioters cutting deals for minor sentences could be hard to explain for the Biden administration, which has characterized the Capitol Hill mob as a uniquely dangerous threat. Before assuming office, Biden said the rioters’ attempt to overturn the election results by force “borders on sedition”; Attorney General Merrick Garland has called the prosecutions his top early priority, describing the storming of Congress as “a heinous attack that sought to disrupt a cornerstone of our democracy, the peaceful transfer of power to a newly elected government.”
Justice Department prosecutors sent expectations sky-high in early statements and court filings, describing elaborate plots to murder lawmakers — descriptions prosecutors have tempered as new details emerged.
The resolution of the more mundane cases also presents acute questions about equity, since most of the Capitol riot defendants are white, while misdemeanor charges are often a vexing problem for minority defendants in other cases.
There are also sensitive issues about precedent for the future, given the frequency of politically inspired demonstrations on Capitol Hill that run afoul of the law.
While violent assaults in the Capitol are rare, protests and acts of civil disobedience — such as disrupting congressional hearings or even House and Senate floor sessions, are more common. That means prosecutors and judges will have to weigh how much more punishment a Trump supporter who invaded the Capitol during the Electoral College count deserves than, say, an anti-war protester chanting at a CIA confirmation hearing or a gun-control advocate shouting in the middle of the State of the Union address.
Judges are also attempting to reckon with separating the individual actions of rioters from the collective threat of the mob, which they have noted helped inspire and provide cover for violent assaults, property destruction and increased the overall terror and danger of the assorted crimes committed.
That reckoning is coming sooner rather than later, lawyers say, putting prosecutors in the position of wrist-slapping many participants in the riot despite framing the crimes as part of an insurrection that presented a grave threat to American democracy.
Prosecutors have signaled that plea offers for some defendants will be coming within days and have readily acknowledged that some of the cases are less complicated to resolve than others.
“I think we can work out a non-trial disposition in this case,” Assistant U.S. Attorney Emory Cole told Judge Dabney Friedrich last week in the case of Kevin Loftus, who was charged with unlawful presence and disrupting official business at the Capitol, among other offenses that have become the boilerplate set lodged against anyone who walked into the building that day without authorization.
The Justice Department will soon be in the awkward position of having to defend such deals, even as trials and lengthy sentences for those facing more serious charges could be a year or more away.
“It was zero threat. Right from the start, it was zero threat,” Trump declared. “Look, they went in — they shouldn’t have done it — some of them went in, and they’re hugging and kissing the police and the guards, you know? They had great relationships. A lot of the people were waved in, and then they walked in, and they walked out.”
Many of the rioters charged with the most serious offenses that day have cited Trump’s own words as the inspiration they took for storming the Capitol. The House also impeached Trump for inciting the insurrection in January, before the Senate acquitted him despite a 57-vote majority in favor of conviction.
And prosecutors are facing pressure from judges to either back up their tough talk about sedition or put a lid on it. Michael Sherwin, the former lead Jan. 6 prosecutor, found himself rebuked by other senior prosecutors and Judge Amit Mehta last week for publicly flirting with the possibility of sedition charges when none had actually been leveled.
Former federal prosecutor Paul Butler said he hopes that those most troubled by the Capitol riot won’t recoil at the looming deals for many participants.
“The punishment has to be proportional to the harm, but I think for many of us, we’ll never forget watching TV Jan. 6 and seeing people wilding out in the Capitol,” said Butler, now a law professor at Georgetown. “Everybody who was there was complicit, but they’re not all complicit to the same degree for the same harm.”
A standard set of four misdemeanor charges prosecutors have been filed in dozens of the Capitol cases carries a maximum possible punishment of three years in prison. But that sentence or anything close to it is virtually unheard of in misdemeanor cases, lawyers said.
“Nobody goes to jail for a first or second misdemeanor,” Butler said flatly.
One defense lawyer working on Capitol cases also said what many in the court system are referring to as “MAGA tourists” are almost certain to escape prison time.
“What about somebody who has no criminal record who got jazzed up by the president, walked in, spends 15 minutes in Statuary Hall and leaves? What happens to that person? They’re not going to get a jail sentence for that,” said the defense attorney, who asked not to be named.
“There is a natural cycle to an event like this,” the lawyer added. “People will say it was the end of the world, then things will calm down, and they’ll begin looking at cases back on what people actually did.”
Nearly every day, federal judges are also prodding prosecutors to offer plea deals to defendants facing lower-level charges.
During a hearing Friday for Leo Brent “Zeeker” Bozell IV, son of prominent conservative activist Brent Bozell, U.S. District Court Judge John Bates told a prosecutor to “move expeditiously” to get the case resolved or headed to trial.
The younger Bozell faces a mixture of felony and misdemeanor charges for allegedly forcing his way into the Capitol and, eventually, onto the Senate floor. He pleaded not guilty to all charges Friday.
“These cases are going to move forward,” said Bates, an appointee of President George W. Bush. “The government needs to produce discovery. It needs to come up with a plea policy and implement that policy in particular cases.”
Lower-level Capitol riot defendants scored a significant victory Friday when a federal appeals court said judges need to sort out the most serious, violent offenders from those who simply walked in amidst the chaos.
“Two individuals who did not engage in any violence and who were not involved in planning or coordinating the activities — seemingly would have posed little threat,” D.C. Circuit Judge Robert Wilkins wrote.
Within hours of the ruling, judges and defense lawyers were repeatedly citing it as clarifying who should and should not be detained, while prosecutors were trying to argue that some defendants were more dangerous than the mother-and-son team who won the favorable decision Friday.Jan. 6 in 180 secondsSharePlay Video
The appeals court ruling came amid increasing signs of judges’ impatience: at least five Jan. 6 defendants were released in recent days over prosecutors’ objections.
“The judges are going to start to have had enough of this. At a certain point, they’re going to start making them do deals in these cases,” the defense attorney said.
Some of those tensions over the pace of the hundreds of cases were evident at a hearing last week for Eduardo Nicolas Alvear Gonzalez, 32, known for his prolific pot use on social media during the Capitol riot. He was arrested in southern Virginia on Feb. 9 and a magistrate judge there ordered him detained due to his efforts to evade police. It took marshals more than a month to move Alvear Gonzales to Washington.
At last week’s hearing, a federal judge in Washington freed Alvear Gonzalez into the custody of a friend in California. U.S. District Court Judge James Boasberg said he was concerned that Alvear Gonzalez had already spent as much, and perhaps more, time in jail as he was likely to get for his actions on Jan. 6.
“He’s done pretty close to two months on misdemeanors,” said Boasberg, an appointee of President Barack Obama. The judge went on to say he expected plea deals in similar cases would involve “no-jail allocutions or 30-days allocutions,” meaning the sentences prosecutors would agree to propose to judges if the defendant pleaded guilty.
While most of the defendants facing only misdemeanor charges are not in jail, Assistant U.S. Attorney Troy Edwards said prosecutors understand the urgency to get the more minor cases resolved.
“I’m very aware of that,” Edwards said. “That is a prime consideration.”
Prosecutors have sought to delay all the cases on the ground that tens of thousands of hours of social media, surveillance and body-worn camera video the FBI has assembled from the Capitol riot needs to be posted on a platform where defense lawyers in all the cases can have access to it. But defense lawyers for many so-called MAGA tourists say the attorneys don’t want to see the full collection, that it is too much for them to watch in any event and that the lower-level cases should not be put off for months over that issue.
On Monday, Magistrate Judge Zia Faruqui said the prosecution needs to pick up the pace.
“Let’s get it going,” Faruqui said during back-to-back hearings on Capitol cases. “There is, continues to percolate here in the courthouse, concerns about things moving.”
In virtually all the non-felony cases, the charges are likely to be grouped together as trespassing under federal sentencing guidelines. While those guidelines contain a small enhancement for entering a “restricted” building or grounds, defendants with no significant criminal history are looking at the lowest possible range: zero to six months. “Zero” months means no jail at all.
“Trespass is as mild as we get….There’s really no way in which you can cook the books, or the guidelines, to do above zero to six,” said Ohio State University law professor Douglas Berman, a leading authority on criminal sentencing. “This is a case where the aggravating factors are not built into the book.”
“They’re going to have political pressure not to agree to probation,” Berman said.
Some defendants appear to have had a felony obstruction-of-Congress charge added to their misdemeanor charges due to social media comments or videos from the Capitol that allegedly show intent to disrupt the electoral count.
That means a defendant who shouted “Stop the steal” in the Capitol or posted QAnon speculation about the Insurrection Act on social media may face far more serious charges than one who did the exact same thing on Jan. 6, but has no public record of such statements. The obstruction charge, which is essentially the same as obstruction of justice in a court case, carries a maximum possible sentence of 20 years in prison.
“If they’re basically saying what they heard the president say a half and hour earlier, it raises a question about how the First Amendment is going to apply in all these cases,” one defense lawyer said.
Another factor prosecutors and judges may weigh is that the treatment of misdemeanors by the justice system is currently the subject of intense attention in criminal justice reform circles. Reformers say such minor charges often cause major complications in the lives of the minority defendants who typically face them.
“A lot of Black or brown people, they don’t get the benefit of individual judgment or breaks,” said Butler. “I think this will be a record number of white people who appear in federal criminal court in D.C….If they’re receiving mercy, the prosecutor’s office should make sure that same mercy will be applied to all the other people who they prosecute, who are mainly people of color and low-income people.”
The former prosecutor said he hopes the high-profile Capitol prosecutions call attention to the underlying equity issues and to the fact that the vast majority of federal cases are resolved not through trials but the plea negotiations that are about to begin.
“This could be a teachable moment here for the public,” Butler said.
Hashimoto said she recognizes light sentences may be unsatisfying to those outraged by the events on Jan. 6, but jailing the lower-level offenders really won’t help. “I don’t think that will heal any of the hurt and trauma this country has felt,” she said. “They should be focusing on the people who are most culpable.”
This is a piece on John Boyd’s Decision Making Process a.k.a. the “OODA Loop” and more importantly – how it rules all, especially at mass murder scenes.
Everyone needs to understand this. It’s a life, business, community, and even a nation saver.
If your a business owner you had better get this one right – because with the wrong decision on this you will lose your shirt and sink your enterprise, and if you’re in the insurance industry you will need to recalibrate to survive.
The King Soopers shooting in Boulder is a tragedy. True. But, why is it a tragedy? What, exactly, is tragic about the event?
Yes, senseless loss of life at the hands of a lunatic is bad. There’s no denying that. And, the result is, indeed, tragic.
That said, there are a series of elements in this event that are much more tragic, in my opinion.
The fact that not a single employee or patron in that store moved to stop the attack is “tragic”.
The fact that the first cop on scene wanted to be a drone pilot to avoid job related hazards – after having made a fully adult, 40 year old decision to become a police officer (a job with inherent risk, as the gun requirement would make reasonably clear) – is “tragic”.
The fact that grown-ass men have a need and desire to tell the world/press how “frightened” they were as though they completely lack the necessary biological requirements to be men, is “tragic”.
The fact that King Soopers/Kroger chose an ineffective, “no guns” policy as a defense against a violent act is “tragic”.
The fact that the police didn’t control the scene well and mostly stood around with their heads firmly implanted in their collective fourth point of contact is “tragic”.
The fact that the only “solution” anyone can muster is related to more, dumb-ass, gun control laws (which criminals will ignore – hence, the title, “criminal”), is “tragic”.
The fact that anyone cares what Major League Baseball thinks about the event is… well, “tragic”.
Enough ranting… some facts and some sober questions:
2020 was a record year for gun sales. Best estimates now put 400 million guns in the hands of private US citizens. Presumably a couple of those gun owners were in King Soopers during the shooting. Why were they not carrying? If they were, why were they not properly trained to use the one tool that would have leveled the playing field and saved innocent life?
Why did King Soopers not defend their enterprise, their employees, or their patrons with anything more effective than an HR policy and a fucking sign?
The police most often looked to be standing around like they were in a park waiting for someone to serve a burger or a brat at some family gathering. Why? Is their training insufficient? Are they incompetent?
There are apparently police officers who would rather be flying kites… er… drones than being law enforcers or protectors. Why are they on the job? Has HR failed the cops as well?
In the interest of not simply kvetching about a problem and not offering any constructive advice, I present the following steps to remedy the “tragedies” above:
Buy a gun. Get trained. Real training. Not NRA “safety” training taught by a lobbying organization. Or, some crappo, State mandated concealed carry permission.
Carry your gun. It’s useless unless it’s deployable in a crisis.
Stop patronizing stores with “no gun” policies. They are kill-zones.
If you own or manage an enterprise, arm and train your employees to effectively respond to a violent threat.
If you’re a cop… get your shit together.
The world is not, has never been, and will never be a safe-space. If you are a man, you have an obligation to act as a protector, if not a warrior. Not to out-source that to civil servants. Acquire the tools and training to be able to accept that responsibility. Stop being a pussy. Stop being a victim. You can delegate authority. You may not delegate responsibility.
Ignore politicians who would dis-arm you and infringe upon your natural right of self-defense. Back to that delegation thing… when bad things happen to good people, the politicians will not be there. No matter how many laws they sign or how many tax dollars they spend, no one is coming to save you.
In the end, this event and the result is a direct reflection on who we are as a society and a complete abrogation of responsibility for one’s own safety and personal defense. Distributed Security has the training and tools necessary to prevent this in the future… created by guys with careers’ worth of real-world experience training and operating in environments and circumstances much more deadly than King Soopers on a Monday afternoon. In other words, professionals and warriors. You need those resources. Get them.
CEOs and business owners this is important to your survival, you will want to pay attention to this.
“According to recent research conducted by Traction Guest, the overwhelming majority (92 percent) of enterprise security and risk professionals report that physical security is of greater strategic importance to their organization now than it was before the pandemic…