I remember a professor once said "The only way to really win is through
compromise". OK, this was in psychology and discussing interpersonal
relationships but it applies in many situations.
Let's assume, which I don't like to do but without any more information I
must do it now, that the purpose of the demil section is to give the
Government the power to recall truly (and "truly" is the operative term
here) important military equipment which in the "wrong" hands could be a
danger to the U.S. And further assume in the real world, "old" non-state of
the art jeeps, M37s, half-tracks, etc. are not what should be recalled for
demilling and really not the intent of the demil section of the bill, and
finally assuming the Government really want to get its hands on things such
as computer hard drives, circuit boards, current military aircraft parts,
etc. which have been put into private hands in error, them how about this
compromise (I know, a very long sentence):
Remembering that one of our basic freedoms includes that the Government
shall not deprive any of us of our property without just compensation *and*
due process of law. Due Process, except in the event of a national
emergency and/or martial law being imposed includes the right to a fair and
impartial hearing and a determination of facts. So, while I am not a
legislator and have never drafted any legislation (though I have read
zillions of lines of it in the last 30+ years), how about adding something
like the following to the bill:
=========================BASIC DRAFT==============================
"Should it be determined that any specific item(s) formerly owned by the
Department of Defense is covered by sections 38 and 47(7) of the Arms
Export Control Act (22 U.S.C. 2778 and 2794(7)) and that such item is in
the custody, contror or possession of any person, firm or entity other than
the United States Government, and it is determined it is in the best
interests of the United States that such item(s) should be demilitarized
under section (insert) of (insert), the owner or possessor shall be
notified of such determination and given a reasonable period of time to
either (set out alternatives here). Provided however, within said period
of time, the owner of such item(s) may apply to (whichever agency is
involved) for a waiver of demilitarization respecting such item(s)
demilitarized based upon the fact such item(s) pose no threat to the
national security of the United States. Upon such application, the owner
of such item(s) shall be given a hearing on the issue. At said hearing the
owner need only establish his/her/its rightful possession of the item(s),
thereafter, the burden of proof that such item(s) require demilitarization
shall be on the Government to establish by a proponderance of evidence.
Pending a determination by the (whatever panel, court, etc. hears the
matter), a Preliminary Writ of Possession may be issued granting the
Government the right to take possession of said item(s) until a final
determination on the issue(s) is made. Such Writ shall only be issued upon
good cause showing that (details here)."
=====================END DRAFT====================================
OK, now remember, this is the idea but it seems a good idea. I think we
all agree certain information or items should not be in "civilian" hands
for national security reasons. And there are certain items I wouldn't want
some militant groups having (like attack helocopters, etc.).
So possibly the MVPS could have its "uncercover" people see about having
something attached to the existing bill. I mean, I don't think this is an
emergency measure which can't wait a couple of more months while something
fair is drafted. Remember, we talked about the NRA and how it has won/lost
issues. Well, one thing the NRA does (and I'm not a member but do support
both gun ownership and certain restrictions) is work behind the doors with
compromise legislation
And for those of you who will say "Compromise is only surrender on the
installment plan" (yes, I stole that re: Chamberlin), compromise gives time
to organize other opposition.
That's my 2mm worth.
David
This archive was generated by hypermail 2b29 : Sat Sep 02 2000 - 09:32:36 PDT