Contributory negligence is the conduct for which a plaintiff is responsible amounting to a breach of duty which the law imposes on persons to protect themselves from injury, and which, concurring and cooperating with actionable negligence for which the defendant is responsible, contributes to the injury complained of as a proximate cause. (Cowan v. Dean, 81 SD 486, 137 N.W. 2d 337, 341) The defense of contributory negligence has been replaced by the doctrine of comparative negligence in many states. It is also an affirmative defense which must be pleaded and proved by the defendant. The doctrine is also applicable to one who, through his own negligence, has contributed to material alteration of a negotiable instrument.
Criminal Negligence:
Criminal negligence which results in (or will render) killing a person (manslaughter) is the omission on the part of the person to do some act which an ordinarily careful and prudent person would do under like circumstances, or the doing of some act which an ordinarily careful prudent person under like circumstances would not do by reason of which another person is endangered in life or bodily safety; the word "ordinary" being synonymous with "reasonable" in this connection.
Negligence of such a character, or occurring under such circumstances, as to be punishable as a crime by statute; or (at comon law) such a flagrant and reckless disregard of the safety of others, or wilful indifference to the injury liable to follow, as to convert an act otherwise lawful into a crime when it results in personal injury or death.
A wanton or reckless disregard for human life, a degree of carelessness amounting to a culpable disregard of rights and safety of others. (Ruffin v. State, 10 Md. App 102, 268 A. 2d 494, 497) That species of want of care by which a person may be crimninally liable. It varies from jurisdiction to jurisdiction and is called culpable negligence in some. However, it generally refers to conduct which is not intentional and ordinarily not wilful, wanton, and reckless. Profile: Vigilant Warrior
(Taken from: HTTP://cooperativeresearch.org/entity.jsp?entity=vigilant_warrior , excerpted, my emphasis added.)
Vigilant Warrior was a participant or observer in the following events:
9:28 a.m. September 11, 2001: NORAD Possibly Holding ‘Live-Fly’ Training Exercise
According to former counterterrorism “tsar” Richard Clarke, around this time the acting Chairman of the Joint Chiefs of Staff Richard Myers speaks to him via video link (see 9:28 a.m. September 11, 2001).
During their conversation, Myers mentions, “We are in the middle of Vigilant Warrior, a NORAD exercise.” [Clarke, 2004, pp. 5] However, no other references have been found to this exercise, “Vigilant Warrior.” Considering that exercise terms are “normally an unclassified nickname,” [Chairman of the Joint Chiefs of Staff, 4/23/1998 ] this is perhaps a little odd.
Could Richard Clarke have mistakenly been referring to the Vigilant Guardian exercise which is taking place on 9/11?
According to a later news report though, NORAD confirms that “it was running two mock drills on Sept. 11 at various radar sites and Command Centers in the United States and Canada,” one of these being Vigilant Guardian. [New Jersey Star-Ledger, 12/5/2003] If this is correct then there must be another NORAD exercise on 9/11. If not “Vigilant Warrior,” a possibility is that the exercise referred to by Richard Clarke is in fact “Amalgam Warrior,” which is a NORAD-sponsored, large-scale, live-fly air defense and air intercept field training exercise. Amalgam Warrior usually involves two or more NORAD regions and is held twice yearly, in the spring for the West Coast and in the autumn for the East Coast. [US Congress, n.d.; Airman, 1996; Arkin, 2005, pp. 254; GlobalSecurity (.org), 4/27/2005] Is it possible that in 2001 the East Coast Amalgam Warrior is being held earlier than usual (like Global Guardian (see 8:30 a.m. September 11, 2001)) and is taking place on 9/11? In support of this possibility is a 1997 Defense Department report that describes the Stratcom exercise Global Guardian, saying it “links with other exercise activities sponsored by the Chairman, Joint Chiefs of Staff, and the Unified Commands.” The exercises it links with are Crown Vigilance (an Air Combat Command exercise), Apollo Guardian (a US Space Command exercise), and —significantly —the NORAD exercises Vigilant Guardian and Amalgam Warrior. [US Department of Defense, 5/1997; GlobalSecurity (.org), 10/10/2002] Since in 2001, Vigilant Guardian (see (6:30 a.m.) September 11, 2001) is occurring the same time as Global Guardian, might Amalgam Warrior be as well? In his book Code Names, William Arkin says that Amalgam Warrior is “sometimes combined with Global Guardian.” [Arkin, 2005, pp. 254] Amalgam Warrior tests such activities as tracking, surveillance, air interception, employing rules of engagement, attack assessment, electronic warfare, and counter-cruise-missile operations. A previous Amalgam Warrior in 1996 involved such situations as tracking unknown aircraft that had incorrectly filed their flight plans or wandered off course, in-flight emergencies, terrorist aircraft attacks, and large-scale bomber strike missions. Amalgam Warrior 98-1 was NORAD’s largest ever exercise and involved six B-1B bombers being deployed to Eielson Air Force Base, Alaska, to act as an enemy threat by infiltrating the aerial borders of North America. [Airman, 1996; Arkin, 2005, pp. 254; GlobalSecurity (.org), 4/27/2005] Another Amalgam Warrior in fall 2000 similarly involved four B-1 bombers acting as enemy forces trying to invade Alaska, with NORAD going from tracking the unknown aircraft to sending up “alert” F-15s in response. [Eielson News Service, 10/27/2000; Associated Press, 10/29/2000] If either one (or both) of these exercises ending with the name “Warrior” is taking place on 9/11, this could be very significant, because the word “Warrior” indicates that the exercise is a Joint Chiefs of Staff-approved, Commander in Chief, NORAD-sponsored field training exercise. [North American Aerospace Defense Command, 8/25/1989] Real planes would be pretending to be threats to the US and real fighters would be deployed to defend against them.
9:28 a.m. September 11, 2001: Myers Updates Clarke Videoconference on Fighter Response
Counterterrorism “tsar” Richard Clarke, directing a video conference with top officials, asks Joint Chiefs of Staff Vice Chairman Richard Myers, “I assume NORAD has scrambled fighters and AWACS. How many? Where?” Myers replies, “Not a pretty picture, Dick. We are in the middle of Vigilant Warrior, a NORAD exercise, but… Otis has launched two birds toward New York. Langley is trying to get two up now [toward Washington]. The AWACS are at Tinker and not on alert.” Vigilant Warrior may be a mistaken reference to either the on-going war game Vigilant Guardian, or perhaps another exercise called Amalgam Warrior (see 9:28 a.m. September 11, 2001). Otis Air National Guard Base is in Massachusetts, 188 miles east of New York City; Langley is in Virginia, 129 miles south of Washington; Tinker Air Force Base is in Oklahoma. Clarke asks, “Okay, how long to CAP [combat air patrol] over D.C.?” Myers replies, “Fast as we can. Fifteen minutes?” Note that according to Clarke, Myers is surrounded by generals and colonels as he says this (which contradicts Myers’ own accounts of where he is and what he’s doing). [Clarke, 2004, pp. 5] The first fighters don’t reach Washington until 30 minutes or more later.
Comment:
Could Richard Clarke have mistakenly been referring to the Vigilant Guardian exercise which is taking place on 9/11?
Criminal Negligence:
Criminal negligence which results in (or will render) killing a person (manslaughter) is the omission on the part of the person to do some act which an ordinarily careful and prudent person would do under like circumstances, or the doing of some act which an ordinarily careful prudent person under like circumstances would not do by reason of which another person is endangered in life or bodily safety; the word "ordinary" being synonymous with "reasonable" in this connection.
Negligence of such a character, or occurring under such circumstances, as to be punishable as a crime by statute; or (at comon law) such a flagrant and reckless disregard of the safety of others, or wilful indifference to the injury liable to follow, as to convert an act otherwise lawful into a crime when it results in personal injury or death.
(Taken from: HTTP://cooperativeresearch.org/entity.jsp?entity=vigilant_warrior , excerpted, my emphasis added.)
Vigilant Warrior was a participant or observer in the following events:
9:28 a.m. September 11, 2001: NORAD Possibly Holding ‘Live-Fly’ Training Exercise
According to former counterterrorism “tsar” Richard Clarke, around this time the acting Chairman of the Joint Chiefs of Staff Richard Myers speaks to him via video link (see 9:28 a.m. September 11, 2001).
During their conversation, Myers mentions, “We are in the middle of Vigilant Warrior, a NORAD exercise.” [Clarke, 2004, pp. 5] However, no other references have been found to this exercise, “Vigilant Warrior.” Considering that exercise terms are “normally an unclassified nickname,” [Chairman of the Joint Chiefs of Staff, 4/23/1998 ] this is perhaps a little odd.
Could Richard Clarke have mistakenly been referring to the Vigilant Guardian exercise which is taking place on 9/11?
According to a later news report though, NORAD confirms that “it was running two mock drills on Sept. 11 at various radar sites and Command Centers in the United States and Canada,” one of these being Vigilant Guardian. [New Jersey Star-Ledger, 12/5/2003] If this is correct then there must be another NORAD exercise on 9/11. If not “Vigilant Warrior,” a possibility is that the exercise referred to by Richard Clarke is in fact “Amalgam Warrior,” which is a NORAD-sponsored, large-scale, live-fly air defense and air intercept field training exercise. Amalgam Warrior usually involves two or more NORAD regions and is held twice yearly, in the spring for the West Coast and in the autumn for the East Coast. [US Congress, n.d.; Airman, 1996; Arkin, 2005, pp. 254; GlobalSecurity (.org), 4/27/2005] Is it possible that in 2001 the East Coast Amalgam Warrior is being held earlier than usual (like Global Guardian (see 8:30 a.m. September 11, 2001)) and is taking place on 9/11? In support of this possibility is a 1997 Defense Department report that describes the Stratcom exercise Global Guardian, saying it “links with other exercise activities sponsored by the Chairman, Joint Chiefs of Staff, and the Unified Commands.” The exercises it links with are Crown Vigilance (an Air Combat Command exercise), Apollo Guardian (a US Space Command exercise), and —significantly —the NORAD exercises Vigilant Guardian and Amalgam Warrior. [US Department of Defense, 5/1997; GlobalSecurity (.org), 10/10/2002] Since in 2001, Vigilant Guardian (see (6:30 a.m.) September 11, 2001) is occurring the same time as Global Guardian, might Amalgam Warrior be as well? In his book Code Names, William Arkin says that Amalgam Warrior is “sometimes combined with Global Guardian.” [Arkin, 2005, pp. 254] Amalgam Warrior tests such activities as tracking, surveillance, air interception, employing rules of engagement, attack assessment, electronic warfare, and counter-cruise-missile operations. A previous Amalgam Warrior in 1996 involved such situations as tracking unknown aircraft that had incorrectly filed their flight plans or wandered off course, in-flight emergencies, terrorist aircraft attacks, and large-scale bomber strike missions. Amalgam Warrior 98-1 was NORAD’s largest ever exercise and involved six B-1B bombers being deployed to Eielson Air Force Base, Alaska, to act as an enemy threat by infiltrating the aerial borders of North America. [Airman, 1996; Arkin, 2005, pp. 254; GlobalSecurity (.org), 4/27/2005] Another Amalgam Warrior in fall 2000 similarly involved four B-1 bombers acting as enemy forces trying to invade Alaska, with NORAD going from tracking the unknown aircraft to sending up “alert” F-15s in response. [Eielson News Service, 10/27/2000; Associated Press, 10/29/2000] If either one (or both) of these exercises ending with the name “Warrior” is taking place on 9/11, this could be very significant, because the word “Warrior” indicates that the exercise is a Joint Chiefs of Staff-approved, Commander in Chief, NORAD-sponsored field training exercise. [North American Aerospace Defense Command, 8/25/1989] Real planes would be pretending to be threats to the US and real fighters would be deployed to defend against them.
9:28 a.m. September 11, 2001: Myers Updates Clarke Videoconference on Fighter Response
Counterterrorism “tsar” Richard Clarke, directing a video conference with top officials, asks Joint Chiefs of Staff Vice Chairman Richard Myers, “I assume NORAD has scrambled fighters and AWACS. How many? Where?” Myers replies, “Not a pretty picture, Dick. We are in the middle of Vigilant Warrior, a NORAD exercise, but… Otis has launched two birds toward New York. Langley is trying to get two up now [toward Washington]. The AWACS are at Tinker and not on alert.” Vigilant Warrior may be a mistaken reference to either the on-going war game Vigilant Guardian, or perhaps another exercise called Amalgam Warrior (see 9:28 a.m. September 11, 2001). Otis Air National Guard Base is in Massachusetts, 188 miles east of New York City; Langley is in Virginia, 129 miles south of Washington; Tinker Air Force Base is in Oklahoma. Clarke asks, “Okay, how long to CAP [combat air patrol] over D.C.?” Myers replies, “Fast as we can. Fifteen minutes?” Note that according to Clarke, Myers is surrounded by generals and colonels as he says this (which contradicts Myers’ own accounts of where he is and what he’s doing). [Clarke, 2004, pp. 5] The first fighters don’t reach Washington until 30 minutes or more later.
Comment:
Could Richard Clarke have mistakenly been referring to the Vigilant Guardian exercise which is taking place on 9/11?
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