Comments on: What checks and balances? http://www.hamptonroadspub.com/blog/2006/10/29/what-checks-and-balances/ News, notes, updates, and insights from the editors and staff of Hampton Roads Publishing Company Fri, 05 Sep 2008 12:32:52 +0000 http://wordpress.org/?v=2.5.1 By: David H. Marshall http://www.hamptonroadspub.com/blog/2006/10/29/what-checks-and-balances/#comment-27287 David H. Marshall Sat, 18 Aug 2007 13:29:39 +0000 http://www.hamptonroadspub.com/blog/2006/10/29/what-checks-and-balances/#comment-27287 Documented are the defective Checks and Balances JUSTICE DENIED! These arise from the U.S. Senate stated Department of Defense (DOD) many “experiments that were designed to harm"! [6] Reported is that, under the national security cover of past wars, the DOD Research and Development (R&D) “to harm" lessons learned were from their being conducted on "hundreds of thousands”. The experiments were in direct disobedience of the DOD Secretary's TOP SECRET order. [2] Then known by the Secretary's of all Services, Joint Chiefs of Staff, and the DOD R&D Board. In December 2006 the also Executive Branch, civilian “Biomedical Advanced Research and Development Authority (BARDA)” was established by the U.S. Congress and Executive Branch. [7] It is not hindered by outside oversight and accountability! Starting in 2007, their R&D is under the cover of its "NATIONAL SECURITY MISSIONS". Are the BARDA, from the DOD “Biomedical” Project 112, lessons learned continued on the general public? [8] ""IT WAS NECESSARY "TO CONCEAL THESE ACTIVITIES FROM THE AMERICAN PUBLIC IN GENERAL," BECAUSE PUBLIC KNOWLEDGE OF THE "UNETHICAL AND ILLICIT ACTIVITIES WOULD HAVE SERIOUS REPERCUSSIONS IN POLITICAL AND DIPLOMATIC CIRCLES AND WOULD BE DETRIMENTAL TO THE ACCOMPLISHMENT OF ITS MISSION."" U.S. Supreme Court 1987 STANLEY Case; Footnote 4, Page 688. [3] Re. CIA experiments on military. Verified is another Executive Branch agency’s conducted for the greater good end justifies the covered up “to harm" means!! The STANLEY case confirms the Supreme Court military FERES Case [1] by treating these derelictions of duty as its “activities incident to service”! Followed by the U.S. Congress’s few was the next year 1988 Veterans’ Judicial Review Act. Established was the Veteran’s Legislative severely restricted, Article I Court. "The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.", i.e., the R&D experimental effects and their causes! The Veterans Court Chief Judge's no teeth statement. [5] The Executive Branch, Secretary of the Department of Veterans Affairs (VA) was given FINAL DECISION authority on these issues. [9] Included is the power of NO APPEAL to this Legislative Veterans Court or to the independent U.S. Judicial Branch Courts. The DOD needed for treatment, policy revealing evidence is withheld during the VA “disabilities” procedure. If allowed an APPEAL, it is not part of the record at the Article I Veterans Court. It is also missing during the next step at the U.S. Judicial Branch Article III, Court of Appeals for the Federal Circuit. Each project completes the R&D process. The prior R&D lessons learned are reviewed. The then Scope of Work defines what the experiment is “designed” to accomplish. The how, where, when and who is identified. The conducted RESEARCHED cause and effects are closely followed. From the results are DEVELOPED safe production, use, the needed for treatment and protection. All is in the Executive Branch (DOD & BARDA) record! This needed for treatment evidence: 1. Is not in a subject’s Medical History, so that they never the wiser become. And 2. The resulting disabilities are not in the VA “schedule of... disabilities”! In 2007 the U.S. Congress still has not corrected the U.S. Senate’s 1994 reported 50 years of DOD “designed to harm" policy. There is now no 63 years later “Right to Know”. The “Veterans Right to Know Act” was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. It never became law. This is consistent with Congress’s 1988 “may not review” severely restricted Veteran’s Court. [5] Lost are those prior to rights that convicted rapists and murderers keep! [4] After they complete Honorable Service, despite the efforts of some, Congress has not given back to veterans these rights. All is justified by the for the greater good end justifies the means! The Executive Branch (BARDA & DOD) hides behind it and the security cover up. The U.S. Supreme Court has left redress to the U.S. Congress. A few in Congress also support the end justifies the means and are preventing correction, i.e., the still no “to harm" reforms. PLEASE, HOLD YOUR MEMBERS IN THE U.S. CONGRESS ACCOUNTABLE! WITH CONGRESS’S TO-DATE BEHAVIOR, DO NOT THE PROVEN “TO HARM” EXPERIMENTS CONTINUE? AND ON YOUR LOVED ONES? ATTACHMENT: AN EXAMPLE & VETERANS BACKGROUND. REFERENCES: [1] Feres v. United States, 340 U.S. 135, 146 (1950). [2] DOD Secretary's 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation" (New York: Oxford University Press, 1992). In REFERENCE [6] as NOTES 72, 168 & 169. [3] U.S. SUPREME COURT, JUNE 25, 1987, U.S. V. STANLEY, 107 S. CT. 3054 (VOLUME 483 U.S., SECTION 669, PAGES 699 TO 710). In REFERENCE [6] cited in NOTE 169. [4] U.S. State Dept., "U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7". [5] Chief Judge and colleague statements, Court of Veterans Appeals, Annual Judicial Conference, Fort Meyer, VA., 17 & 18 October 1994. www.goodnet.com/~heads/nebeker.html [6] December 8, 1994 REPORT 103-97 "Is Military Research Hazardous to Veterans' Health? Lessons Spanning Half a Century." Hearings Before the U.S. Senate Committee on Veterans' Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170. [7] Biomedical Advanced Research and Development Authority (BARDA), Bill S. 3678 2006. Signed into law 16 December 2006. [8] “Project 112 (Including Project SHAD) Home” chemical and biological experiments; www.1.va.gov/shad/ [9] United States Code (USC) Title 38, 511. Decisions of the Secretary; finality. www.law.cornell.edu Documented are the defective Checks and Balances JUSTICE DENIED! These arise from the U.S. Senate stated Department of Defense (DOD) many “experiments that were designed to harm”! [6] Reported is that, under the national security cover of past wars, the DOD Research and Development (R&D) “to harm” lessons learned were from their being conducted on “hundreds of thousands”. The experiments were in direct disobedience of the DOD Secretary’s TOP SECRET order. [2] Then known by the Secretary’s of all Services, Joint Chiefs of Staff, and the DOD R&D Board. In December 2006 the also Executive Branch, civilian “Biomedical Advanced Research and Development Authority (BARDA)” was established by the U.S. Congress and Executive Branch. [7] It is not hindered by outside oversight and accountability! Starting in 2007, their R&D is under the cover of its “NATIONAL SECURITY MISSIONS”. Are the BARDA, from the DOD “Biomedical” Project 112, lessons learned continued on the general public? [8]

“”IT WAS NECESSARY “TO CONCEAL THESE ACTIVITIES FROM THE AMERICAN PUBLIC IN GENERAL,” BECAUSE PUBLIC KNOWLEDGE OF THE “UNETHICAL AND ILLICIT ACTIVITIES WOULD HAVE SERIOUS REPERCUSSIONS IN POLITICAL AND DIPLOMATIC CIRCLES AND WOULD BE DETRIMENTAL TO THE ACCOMPLISHMENT OF ITS MISSION.”" U.S. Supreme Court 1987 STANLEY Case; Footnote 4, Page 688. [3] Re. CIA experiments on military. Verified is another Executive Branch agency’s conducted for the greater good end justifies the covered up “to harm” means!! The STANLEY case confirms the Supreme Court military FERES Case [1] by treating these derelictions of duty as its “activities incident to service”! Followed by the U.S. Congress’s few was the next year 1988 Veterans’ Judicial Review Act. Established was the Veteran’s Legislative severely restricted, Article I Court. “The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”, i.e., the R&D experimental effects and their causes! The Veterans Court Chief Judge’s no teeth statement. [5] The Executive Branch, Secretary of the Department of Veterans Affairs (VA) was given FINAL DECISION authority on these issues. [9] Included is the power of NO APPEAL to this Legislative Veterans Court or to the independent U.S. Judicial Branch Courts. The DOD needed for treatment, policy revealing evidence is withheld during the VA “disabilities” procedure. If allowed an APPEAL, it is not part of the record at the Article I Veterans Court. It is also missing during the next step at the U.S. Judicial Branch Article III, Court of Appeals for the Federal Circuit.

Each project completes the R&D process. The prior R&D lessons learned are reviewed. The then Scope of Work defines what the experiment is “designed” to accomplish. The how, where, when and who is identified. The conducted RESEARCHED cause and effects are closely followed. From the results are DEVELOPED safe production, use, the needed for treatment and protection. All is in the Executive Branch (DOD & BARDA) record! This needed for treatment evidence: 1. Is not in a subject’s Medical History, so that they never the wiser become. And 2. The resulting disabilities are not in the VA “schedule of… disabilities”!

In 2007 the U.S. Congress still has not corrected the U.S. Senate’s 1994 reported 50 years of DOD “designed to harm” policy. There is now no 63 years later “Right to Know”. The “Veterans Right to Know Act” was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. It never became law. This is consistent with Congress’s 1988 “may not review” severely restricted Veteran’s Court. [5] Lost are those prior to rights that convicted rapists and murderers keep! [4] After they complete Honorable Service, despite the efforts of some, Congress has not given back to veterans these rights. All is justified by the for the greater good end justifies the means! The Executive Branch (BARDA & DOD) hides behind it and the security cover up. The U.S. Supreme Court has left redress to the U.S. Congress. A few in Congress also support the end justifies the means and are preventing correction, i.e., the still no “to harm” reforms.

PLEASE, HOLD YOUR MEMBERS IN THE U.S. CONGRESS ACCOUNTABLE! WITH CONGRESS’S TO-DATE BEHAVIOR, DO NOT THE PROVEN “TO HARM” EXPERIMENTS CONTINUE? AND ON YOUR LOVED ONES?

ATTACHMENT: AN EXAMPLE & VETERANS BACKGROUND.

REFERENCES:

[1] Feres v. United States, 340 U.S. 135, 146 (1950).

[2] DOD Secretary’s 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” (New York: Oxford University Press, 1992). In REFERENCE [6] as NOTES 72, 168 & 169.

[3] U.S. SUPREME COURT, JUNE 25, 1987, U.S. V. STANLEY, 107 S. CT. 3054 (VOLUME 483 U.S., SECTION 669, PAGES 699 TO 710). In REFERENCE [6] cited in NOTE 169.

[4] U.S. State Dept., “U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7″.

[5] Chief Judge and colleague statements, Court of Veterans Appeals, Annual Judicial Conference, Fort Meyer, VA., 17 & 18 October 1994. http://www.goodnet.com/~heads/nebeker.html

[6] December 8, 1994 REPORT 103-97 “Is Military Research Hazardous to Veterans’ Health? Lessons Spanning Half a Century.” Hearings Before the U.S. Senate Committee on Veterans’ Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170.

[7] Biomedical Advanced Research and Development Authority (BARDA), Bill S. 3678 2006. Signed into law 16 December 2006.

[8] “Project 112 (Including Project SHAD) Home” chemical and biological experiments; http://www.1.va.gov/shad/

[9] United States Code (USC) Title 38, 511. Decisions of the Secretary; finality. http://www.law.cornell.edu

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