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Can NSA Pick McMaster Bring Ethics to the White House? – Newsweek

This article first appeared on the Just Security site.

On Monday, Lieutenant General H.R. McMaster agreed to serve as national security advisor to the president.

McMaster has written and spoken extensively on a range of topics, from grand strategy to ground force maneuver. McMaster also appears to have strong views about military ethics that may influence the advice that he provides on matters of war and peace.

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While I have not found a systematic presentation of his moral worldview, there are a number of striking and potentially revealing statements that readers may find of great interest.

Indeed, McMasters statements over the years suggest a moral outlook that may positively influence national security policy, or lead to conflict with others in the administration who do not share his values.

First, I should note that, while commanding the U.S. Armys 3rd Armored Cavalry Regiment in Iraq, McMaster reportedly

forbade his soldiers from using dehumanizing and derogatory language when referring to Iraqis: both because such behavior is inconsistent with the shared values that define a soldiers moral identity, and because such behavior is potentially a verbal foot in the door leading to more serious forms of abuse.

As commander of the regiment, McMaster also reportedly ordered detainees be treated humanely, and even polled detainees on how well the regiment followed through. Such reports suggest that McMaster may be a practitioner of military ethics, not simply a theorist.

Speaking at the Carnegie Council for Ethics in International Affairs in 2014, McMaster offered the following remarks:

If you see, for example, what ISIL [ISIS] is doing today, you would think, Okay, how do you deal with an enemy like this, an enemy that operates in this way, and then is intermingled with civilian populations? Maybe to defeat this kind of enemy you have to be equally brutal. Maybe you have to lower your standards, but I would say that exactly the opposite is the case.

. . . We have to defeat them in a way thats consistent with our values that reflect our society and whats expected of our military, for our Army forces, and of course whats been expected since at least the time of St. Thomas Aquinas and St. Augustine, taking it back even further.

So what does that mean? It means that we have to fight them applying the principles of just war theory, which means distinction. We distinguish between our enemies and civilian populations.

Every day in Afghanistan today, every day across the wars in Iraq, our soldiers and Marines place themselves at a higher level of risk to protect innocents. I think thats something thats very important to understand about these kind of conflicts. Our soldiers are warriors, but our soldiers are also humanitarians.

National Security Advisor H.R. McMaster at the Trump Mar-a-Lago estate in Palm Beach, Florida, February 20. Adil Ahmad Haque writes that McMaster's distinguishing between civilians and combatants and accepting higher risk to avoid harming civilians seem incompatible with targeting the families of our enemies or simply bomb[ing] the shit out of them, in the words of President Trump. Kevin Lamarque/reuters

Needless to say, distinguishing between civilians and combatants and accepting higher risk to avoid harming civilians seem quite incompatible with targeting the families of our enemies or simply bomb[ing] the shit out of them, in the words of President Trump.

McMaster sounded the same theme years earlier, in a 2010 speech, Moral, Ethical, and Psychological Preparation of Soldiers and Units for Combat:

Because our enemy is unscrupulous, some argue for a relaxation of ethical and moral standards and the use of force with less discrimination because the endsthe defeat of the enemyjustifies the means employed. To think this way would be a grave mistake. The war in which we are engaged demands that we retain the moral high ground despite the depravity of our enemies.

McMaster then made the following observation:

Ensuring ethical conduct goes beyond the law of war and must include a consideration of our valuesour ethos. The Law of War codifies the principal tenets of just war theory, especially jus in bello principles of discrimination and proportionality. However, individual and institutional values are more important than legal constraints on immoral behavior; legal contracts are often observed only as long as others honor them or as long as they are enforced.

In this passage, McMaster suggests that principles that protect civilians during the conduct of hostilitiesdiscrimination and proportionalityare, fundamentally, moral principles codified into law. Accordingly, they bind soldiers categorically, irrespective of any expectation of reciprocity or fear of punishment.

The relationship between the law of war and the morality of war may be particularly relevant today, as a recentpresidential memorandum directs the secretary of defense to recommend changes to any United States rules of engagement and other United States policy restrictions that exceed the requirements of international law.

If the morality of war prohibits what the law of waras understood by the U.S. governmentdoes not, then it may prove quite fortuitous that the incoming national security advisor seems committed to the former as well as to the latter.

In a 2014 Veterans Day speech at Georgetown University entitled, The Warrior Ethos at Risk, McMaster offered the following thoughts:

I thought that we might consider two ways of honoring our veterans. First, to study war as the best means of preventing it; and second, to help the American military preserve our warrior ethos while remaining connected to those in whose name we fight.

It was Aristotle who first said that it is only worth discussing what is in our power. So we might discuss how to prevent particular conflicts rather than eliminate all conflict, and when conflict is necessary, how to win. And in the pursuit of victory, how to preserve our values and make war less inhumane.

Similarly, in a 2016 speech at Norwich University, McMaster warned against the tendency in our country to confuse military studies with militarism, arguing instead that the study of war is important to the preservation of peace.

These statements suggest that we should aim, above all, to prevent and avoid war. When we fail, we should fight the wars we cannot avoid as effectively and ethically as possible. This view seems consistent with the just war tradition, which seeks a middle path between realism and pacifism.

In a 2013 interview with McKinsey, McMaster volunteered the following (Ill let these passages speak for themselves):

The human dimension of war is immensely important for the Army as well; we need leaders who are morally, ethically, and psychologically prepared for combat and who understand why breakdowns in morals and ethics occur. I think there are usually four causes of breakdowns in moral characterignorance, uncertainty, fear, or combat trauma.

It is important to understand the effects of those four factors on an organization and then educate soldiers about what we expect of them. We need leaders who have physical and mental courage on the battlefield, of course, but also the courage to speak their minds and offer respectful and candid feedback to their superiors. Our leaders cant feel compelled to tell their bosses what they want to hear.

In addition to the fundamentals of combat, our soldiers really have to live the Armys professional ethics and values. They must be committed to selfless service, to their fellow soldiers, to their mission, and to our nation. That also involves, obviously, respect for and protection of our Constitution and understanding their role in that context.

Finally, McMaster seems to view the wars we are currently waging through a moral lens that differs quite dramatically from that of his immediate predecessor and of some of his new colleagues in the administration.

In his speech at Norwich University, McMaster called for soldiers and civilians alike to understand and develop empathy, empathy for the cultures and historical experience of the peoples among whom wars are fought and to promote moral conduct by generating empathy for others in an effort to prevent war or at least make war less inhumane.

In his Carnegie Council remarks, McMaster repeatedly describes ISIS, the Taliban and similar groups as irreligious groups seeking to impose a political order on local populations who are their primary victims:

This is an irreligious ideology in which you have these so-called imans who have third and fourth grade educations. Theyre thugs and criminals. Theyre misogynistic. They are wanting to impose on a huge population and territory an order that is medieval and rejects humanity, I think.

Theyre criminals. We ought to make sure we criminalize their behavior. What religious standard justifies this? No religious standard. These are irreligious people.

What we must do is we must defeat these enemies, who are enemies of all civilized people, along with our partners and allies in the region, the people who are suffering the most, who are in these regions in Afghanistan and Iraq and so forth.

Similarly, at Georgetown, McMaster said:

we will defeat these enemies who cynically use a perverted interpretation of religion to incite hatred and violence. . . .

Enemy organizations like Al Qaeda and ISIL [ISIS] seek to perpetuate ignorance, foment hatred and use that hatred as justification for the murder of innocents. They entice masses of undereducated, disaffected young men with a sophisticated campaign of propaganda, disinformation and brainwashing.

McMaster made similar remarks last May at the Center for Strategic & International Studies.

McMaster seems to understand that groups like ISIS and the Taliban do not represent Islam or the worlds Muslims. They seek to rule by violence and terror precisely because they cannot rule by consent. Accordingly, the United States should fight alongside Muslim communities against a common enemy rather than treat all Muslims as the enemy.

Will McMasters views prevail in the National Security Council, and shape the administrations foreign policy? Time will tell.

Adil Ahmad Haque is Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School.

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Can NSA Pick McMaster Bring Ethics to the White House? - Newsweek

Best Free Tax Software for 2017 – Gotta Be Mobile

This is the best free tax software for 2017. You can use this free online tax software to do your own taxes in no time and without any hidden fees.

Do you make less than $100,000 and get a W-2 for your income? If you answer yes to those questions you can file a 1040 EX or 1040A for your 2016 taxes without paying to file your taxes.

Read: Are Online Tax Apps Safe?

The 2017 Tax deadline is April 18th, not April 15th like you are used to. You can file federal taxes free and state taxes free with free tax software and apps from well-known tax preparation companies. After you file, use this guide to check your tax refund status.

If you have to pay in, check out the best apps to make money fastand the best budget apps to keep you on track.

The best free tax software and apps you can use in 2017.

These are the best free tax software options that you can use online, without spending money on software. Doing your own taxes is easy, especially if you work a normal 9 to 5 job and get a W-2 for your taxes. Even if you have student loans, this is something you can do on your own, for free. Here are the best free tax software tools and apps;

If you made less than $64,000 in 2016 (after payments for alimonyor contributions to an IRA) you can use the IRS Free File Software to do your taxes without paying.

You can start using the free tax software, and if you discover along the way that you need to upgrade to a paid tool because of investments or other income, you can do that without losing your progress.

You can file your taxes free if you file a 1040EZ or 1040A using all of these tax software tools. The tools are online, so you dont need to download and install anything. You can use your PC, Mac, iPhone, Android or iPad.

After you file your federal and state taxes you will need to fill out a simple form for your local taxes. This is often very easy to do once you have the numbers from your federal taxes.

TurboTax Absolute Zero is a popular free tax software option.

You can use TurboTax Absolute Zero to file your federal and state taxes free of charge. There are no hidden fees or costs to this, so you wont get tothe end and see that you need to pay to actually use the software. You need to meet these requirements to use the free Turbotax tool to prepare and file your federal and state taxes in 2017;

If this sounds like you, then you are able to get started online right now. You can use your iPhone or Android to take a picture of your W-2 and get a head start on your refund. This tool works with the Earned Income Credit and you can use self-help tools and tap into the Turbotax community with other questions.

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Best Free Tax Software for 2017 - Gotta Be Mobile

Govt launches free anti-virus software for PCs, mobile phones – Livemint

New Delhi: With an aim to promote cyber security, the government has launched a malware analysis centre called the Cyber Swachhta Kendra (CSK).

The centre, launched by ministry of electronics and information technology (MEITY), will work with different Internet service providers (ISPs), academia, banks and anti- virus companies in the industry in providing citizens with digital tools that will protect data by removing the malicious content on their computers, laptops and mobile phones.

India is going to take a lead in the digitization process of the world. We have joined the distinguished club of countries that already have malware cleaning systems for the use of its citizens. As of now, we have 13 banks & Internet service providers using this facility. With the expanding digital footprint in the country, I see a surge in start-ups in the area of cyber security by the end of the year, said Ravi Shankar Prasad, minister of electronics and information technology.

All alerts related to any malicious content penetrating into any users system will first be disseminated from the Kendra to the different ISPs who will further pass it onto the users through messages or email notifications. Based on these alerts, users can visit the CSK website, to download the various tools to clean their systems for free.

With an estimated budget of Rs90 crore, the centre has been developed by the Indian Computer Emergency Response Team (CERT-In) of the ministry along with Centre for Development of Advanced Computing (C-DAC), Quick Heal Technologies and Amrita University.

Security is too critical an area for a single stakeholder to take control of , thats why so many entities are part of this initiative and all of them need to bring their combined capabilities together, said Aruna Sundarajan, secretary, MEITY.

The various digital solutions created are USB Pratirodh for usage of USB mass storage devices, App Samvid for Microsoft software based operating systems and M-Kavach for mobile devices.

First Published: Tue, Feb 21 2017. 09 54 PM IST

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Govt launches free anti-virus software for PCs, mobile phones - Livemint

Stand Your Ground law helps free Miami teens accused of MLK Day shooting that wounded 8 – Miami Herald


Miami Herald
Stand Your Ground law helps free Miami teens accused of MLK Day shooting that wounded 8
Miami Herald
Florida's Stand-Your-Ground law has helped free two teens of allegations that they took part in a gun battle that wounded eight people at a Martin Luther King Jr. Day Parade in Miami. Prosecutors on Thursday declined to file charges against Gerrel Woo ...

and more »

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Stand Your Ground law helps free Miami teens accused of MLK Day shooting that wounded 8 - Miami Herald

A Federal Court of Appeals Goes to War against the Second Amendment – National Review

What happens when you mix contempt for individual rights with a healthy dose of willful ignorance and fear? You get the Fourth Circuit Court of Appeals, the court thats teaching the legal Left the recipe for attacking the Second Amendment.

Twice in less than a month, the court has radically restricted the constitutional rights of gun owners. In January, it held that even lawful gun owners are inherently dangerous and can face limitations on their constitutional rights, including the right to be free of unreasonable search and seizure, simply because they possess a gun. In the words of a concurring judge:

In sum, individuals who carry firearms lawfully or unlawfully pose a risk of danger to themselves, law enforcement officers, and the public at large. Accordingly, law enforcement officers may frisk lawfully stopped individuals whom the officers reasonably suspect are carrying a firearm because a detainees possession of a firearm poses a categorical danger to the officers.

But this holding, as dangerous as it is, pales in comparison with the courts decision yesterday, when it not only upheld Marylands assault-weapons ban but categorically stated that the Second Amendment does not protect the right to own so-called assault weapons or the right to own a magazine that holds more than ten rounds of ammunition.

How can it reach such a conclusion? Remember the formula: contempt, willful ignorance, and fear.

First, lets look at the courts breathtaking contempt for individual rights. Rather than read the Supreme Courts controlling opinion in District of Columbia v. Heller according to its plain language, it deliberately distorts Justice Antonin Scalias majority opinion. In Heller, Scalia clearly stated that the sorts of weapons the Second Amendment protects are those that are in common use at the time, with exceptions that apply to those weapons that are dangerous and unusual.

Why the addition of and unusual? Because every single working gun ever made is dangerous. To illustrate his point, Scalia then provides examples of specific types of dangerous and unusual guns M-16 rifles and the like. Heres a news flash: The M-16 isnt the same as a civilian assault weapon like the AR-15. The M-16 variants in use in the United States military are capable of being fired in both semi-automatic and fully automatic (three-round burst) modes. If you think that the M-16 and AR-15 are alike, then walk to your local gun store and try to buy an M-16.

Go ahead. Ill wait.

Are you back yet? Do you have an M-16? No? Thats because its an entirely different category of weapon, governed by different federal statutes. The Fourth Circuit, however, deliberately conflated semi-automatic weapons and automatic weapons. And it went to absurd lengths to do so. To illustrate how, lets turn to the next part of the formula willful ignorance.

RELATED: The Fourth Circuit Runs Roughshod over Heller and the Second Amendment

In discussing the civilian, semi-automatic AR-15, the court comprehensively described the history of the military, fully automatic weapon that became the M-16 (and also the lighter and shorter M-4). Then, attempting to equate the M-16 and the AR-15, it published this spit-out-your-coffee sentence: Semiautomatic weapons can be fired at rates of 300 to 500 rounds per minute, making them virtually indistinguishable in practical effect from machineguns.

The word rates does a lot of work in that sentence. Yes, a person can pull the trigger very quickly on a semi-auto rifle (of any type) for a very short time. No, you cannot send 300 to 500 rounds downrange in one minute. You cant even do it with an M-16 in burst mode.

To the Fourth Circuit, every shooters the same as the legendary Jerry Miculek:

But wait, he can do the exact same thing with an M1 Garand, an actual (more powerful) military weapon thats specifically exempted from Marylands ban. As the dissent notes, under the majoritys reasoning, it is legal in Maryland to possess a rifle that was actually used by our military on the battlefield, but illegal to possess a rifle never used by our military.

The majority also argues that the AR-15 is like the M-16 because soldiers typically fire their weapons in semi-automatic mode. True enough. They also use exclusively semi-auto pistols, sometimes use bolt-action sniper rifles, and brought pump-action shotguns to combat for generations. By that reasoning, virtually every firearm is like a military weapon.

What really is the limiting principle? Thats where we get to the final ingredient in the unconstitutional stew fear.

The court begins its opinion by reciting the horrible facts of the Sandy Hook massacre. It then walks through shooting after shooting in which the killers used assault weapons, high-capacity magazines, or both. These anecdotes are horrible, but the plural of anecdote is not data, and the data show that fewer people are murdered by rifles than by fists or feet and that a previous nationwide assault-weapons ban led to no discernible reduction in the lethality and injuriousness of gun violence. Indeed, even if the ban had been renewed, its effects on gun violence [were] likely to be small at best and perhaps too small for reliable measurement.

Even more perniciously, the court hypes the fear of mass shootings at the same time that it takes from civilians the best weapon for confronting a mass shooter a semi-automatic handgun carrying a high-capacity magazine. Even though law-abiding holders of concealed-carry permits commit less crime than the police (more data for the court) and have stopped mass shootings time and again, the Fourth Circuit mandates that they be outgunned in the face of the common threat of a large-capacity magazine.

Lets put this as plainly as possible. This court has determined that your right to self-defense is limited to the use of weapons less effective than those used in the most notorious massacres. In other words, criminals define your rights. Whatever gun they choose to use in the rarest of crimes, youre going to have to settle for less, even if the criminal retains broad and easy access to superior firepower. After all, the Fourth Circuit, in its infinite gun wisdom, has determined that no one has needed to fire more than ten rounds to protect himself.

Heres the bottom line, citizens of Maryland: A federal court has defied the Supreme Court and decided that the constitutional right to keep and bear arms is limited to those guns that have no modern military analog and have not (yet) been used to carry out a mass shooting. So dust off those pearl-handled revolvers. Learn to shoot like Doc Holliday. Criminals wont comply with Marylands brainless law, so your aim had better beat their firepower.

In two key cases, deception, fear, and ignorance have overcome the Constitution. This is how Heller dies one defiant decision at a time.

David French is a staff writer for National Review, a senior fellow at the National Review Institute, and an attorney.

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A Federal Court of Appeals Goes to War against the Second Amendment - National Review