Why we cannot sue.

 

After the posting on the NZ lawsuit, many have asked why we cannot sue.

 

That point is exactly what I asked myself in researching and writing my book.  How can our government get away with what they have been doing?  Then where has our congress been in this mess?

 

I found out that congress more or less turned over this judicial power to the DoD/VA.  When you become an active duty military everyone knows you are under what is called UCMJ or Uniform Code of Military Justice.

 

Now the assumption is, when you become a citizen again that you go back to having the same rights as any citizen or even illegal citizen.  That is so far from the truth and is a well-kept political secret for those men and women signing up to defend the nation.  As they say, and it is true, once a Veteran your citizen rights guaranteed by our constitution are then set aside.  The problem is that no one tells our military personnel as they sacrifice for the nation.

 

This is why I chose that very subject as the introduction to my book.

 

 http://www.2ndbattalion94thartillery.com/book/bookorders.htm

 

Without that subject then the government could not have done what they have done for 40 years in denials, stalling, collaboration, and overall malfeasance.  Those that did those activities would then be held accountable, regardless if they were as an employee of the government told to do such nefarious activities against the nations finest of citizens. 

Unfortunately, for our Nations Veterans and widows, congress has given this power to the DoD with no accountability or justice required for victims that are now citizens of the nation.  Victims of nothing but corrupt power. 

Power that gives the Executive Branch via the DoD the right to test Veterans with biological chemical warfare (Project 112 and SHAD), Edgewood Arsenal testing, LSD testing, Mustard Gas testing and other toxins used at the time, our toxic chemical legacy, Gulf War issues, etc.  It then gives them to power to deny such events took place until the evidence is so valid that plausible denial is no longer possible.  Then that same power is applied to providing data that might indeed save the life of the Veteran.  In other words more and more stalling of data that directly affects the Veterans health and the health of his offspring.  All of this is allowed by the Executive Branch via DoD.

 

After the malfeasance is finally admitted to, then Executive Branch VA takes over in stalling associations, stalling claims, tasking the now sick Veteran and his family in made up over burdening processes.  All in the hopes the Veterans die before the claim is approved.  This is because of no matter how much criminal activity is involved if the Veteran dies before his claim is approved of which then the claim is as dead as the Veteran by the VA definitions, as they support these criminal acts.

 

What absolute power has our own congress given the executive branch and its agencies of deceit DoD and VA?

 

It is called:  Excerpts from my book:

 

“…

    

In 1946, the Congress established legislation known as: The Federal Tort Claims Act (FTCA).  The purpose of the FTCA was to shift the burden from Congress to the Federal Courts to examine tort claims against the Government. 

 

In 1946, the Congress established legislation known as: The Federal Tort Claims Act (FTCA).  The purpose of the FTCA was to shift the burden from Congress to the Federal Courts to examine tort claims against the Government.  That same year, Lieutenant Rudolph Feres perished in a barracks fire in Pine Camp, New York.  Bernice, his widow brought suit under the FTCA claiming that the Army was negligent in housing her husband in a barracks with a defective heating plant and no fire watch.  In addition, two other cases were filed on issues of military medical malpractice that had no bearing, or relationship to matters arising out of combat.  These cases were the test to determine if American service members were afforded equal protection under the FTCA statute.  The two medical malpractice cases were those of Jefferson and Griggs.  All three cases were denied redress by the high court and would make up what is now referred to as the “Feres Doctrine.”

 

On December 4, 1950, the Feres Doctrine was born when United States Supreme Court Associate Justice Robert Jackson authored the opinion of the high court arising from the Feres, Jefferson and Griggs cases.  In a unanimous decision the high court ruled:

 

“ The United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces.”

 

On December 4, 1950, the Feres Doctrine was born when United States Supreme Court Associate Justice Robert Jackson authored the opinion of the high court arising from the Feres, Jefferson and Griggs cases.  In a unanimous decision the high court ruled:

 

“ The United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces.”

 

The high court misinterpreted the FTCA’s statutory protection of service members outside the scope of combat.  The FTCA’s author, Representative Emmanuel Celler is quoted in the 1949 Yale Law Review:

 

"I am the author of the (Federal Tort Claims Act) ... I never intended to preclude a suit by a soldier.”

 

The high court asserts it reviewed legislative history, so how can it rule as such when Representative Celler never intended for a soldier to be denied redress under the FTCA, for matters arising outside the scope of combat?  Remember, the enemy did not injure our Vietnam veterans with “AO,” and other toxic chemicals; our Government did.  Thus, the issues of combat related injuries or illnesses arising from combat are not in question.

 

In addition to barring claims for injury or injustices arising from negligence and medical malpractice under the FTCA, the Supreme Court went a step further.  This resulted in a long-train of human, constitutional, and systemic abuses by our military’s command, legal and medical systems.  The court held that all claims arising “incident to service” in the United States Armed Forces are barred redress under the FTCA. 

In addition to the “WMD” atrocity in what should have been declared a “National Disaster,” the following is a list of other intentional and deliberate crimes against American service members and their families being committed and covered up within the military’s command, legal and medical systems due to the grant of sovereign immunity under the Feres Doctrine: 

(1) Murders, (2) Rapes, (3) human experimentation in violation of the Nuremberg Code, (Atomic Testing, LSD, Anthrax, other FDA unapproved inoculations), (4) Gulf War Syndrome exposures and failure to treat, (5) Hepatitis C exposures, (6) Abuse of Power and gross negligent acts, (7) Undue Command Influence, (8) Abuse and double standards under the Uniform Code of Military Justice (UCMJ), (9) Falsification, or the destruction of Official documents, (10) Abuse of the military’s mental health system and administrative discharge process to retaliate against service members who expose corruption.

 

If the American people were aware of the constitutional and systemic abuses by the Department Of Defense (DOD) and Department Of Justice (DOJ), would they agree that this were fair or good for our National Security and in the best interests of our country, its military and veterans?

 

The high court did state in its decision that if they misinterpreted Congress’ intention to not afford service members equal protection of the FTCA, then the Congress held the “ready remedy” to correct their decision.  So, who is to be held accountable for the crimes against humanity and our Constitution that continue to this very day due to the Feres Doctrine?  The President of the United States, Congress, and the Federal Judiciary should be held accountable.

 

On December 4, 1950, the United States Supreme Court engaged in the most devastating unconstitutional act in our Nation’s history by creating judicial-legislation known as the Feres Doctrine.  Since that day, all American service members, veterans and their families have been stripped of, without their knowledge or consent, their inalienable Constitutional rights to petition our government for redress of grievances arising “incident to service” in our military.  This has resulted in a long-train of human, constitutional, and systemic intentional abuses.  It is argued that if the Feres Doctrine were abolished the federal laws on the books to remedy fraud, waste, abuse or dangers to the public health and welfare would be enforced, thus compelling the Government to prosecute rather than defend crimes.

 

Was the Feres Doctrine a cold-calculated atrocity?  “Absolute power corrupts absolutely.”  The Feres Doctrine and its blanket grant of “sovereign immunity” and the human and constitutional rights abuses dismissed by our Government to include “WMD’s” is “treachery and treason.”  How can it not be declared treachery and treason for federal employees in our Government to injure and kill its own citizens and be afforded a legal “damage control tool” to cover up these illegal acts?

 

It is both ironic and tragic that the Feres Doctrine opinion written by Associate Justice Robert Jackson was himself previously appointed by President Harry S. Truman to be the Chief Prosecutor at the Nuremberg Tribunal.  He successfully argued and helped convict and hang Nazi henchmen for engaging in crimes against humanity and peace. 

 

At the onset of the Nuremberg Tribunal, Associate Justice Robert Jackson in preparation to prosecute indictments against twenty- four men and six organizations associated with the Nazi axis powers, argued the legitimacy and need for the trial stating: "the wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated."

 

For the past 54 years similar atrocities that he prosecuted at Nuremberg have taken place by our own Government and are maliciously directed at the very men and women who served to protect and defend The Constitution of the United States and our country.  Is this not treachery and treason? 

 

Without question, the Feres Doctrine has denied American service members, veterans, and their families “equal justice” under The United States Constitution.

 

Many federal judges, scholars, lawyers, doctors, veterans and their families argue that the Feres Doctrine is unconstitutional since it violates the “due process, equal protection and separation of powers” clauses of the Constitution.  The most significant dissenter in modern times is sitting Supreme Court Justice Scalia as cited in the case of United States v. Johnson, (1987):

 

“Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received.”  Furthermore, "Congress's inaction regarding this doctrine and its doing little, if anything in the way of modifying it to prevent Constitutional claims is clearly unjust and irrational.  Again, allowing such power to military leaders can and does result in abuse therefore, where are the checks and balances on the military."

 

Since the Feres Doctrine is judicial-legislation and due to the Supreme Court and Congress’ failure to “remedy” this un-American law, it is up to we American veterans and our families to demand that we be afforded “equal justice under law.”

 

Veterans and our families who have been denied “equal justice under law” because of the Feres Doctrine must unite.  No longer can we allow ourselves to be used as “pawns for foreign policy” as Henry Kissinger referred to the American soldier in 1976. 

One of the primary justifications for the Feres Doctrine’s existence is the Veterans Administration Health Care statutory system that provides “generous compensation” for service-connected mental and physical injuries.  Using the Feres Doctrine as its “tool,” the VA can and does deny “WMD” associated diseases and medical disorders from being fully addressed and compensated.  America’s service members, veterans, and their families continue to suffer great emotional and financial harm from service-connected exposures such as “AO”; including uncompensated toxic chemicals caused deaths. 

If the truth about this insidious Feres Doctrine becomes widely known, and the military draft is reinstated, many called will say “no way!”

…”

 

This is why I have stated over and over again that the best thing we can do is get rid of this Feres Doctrine that has been so misapplied as to create authorized criminal behavior within our own government agencies and then have the right to say there is nothing we the victim can do about it.

 

As most of you know I am taking an anger management class at the VA.  The nut doctor there said I was after vengeance and that was eating me up.  Therefore, he tasked me to write a paper on it.  I did so and after reading it he said you make some good points and that was a very good article.

 

My paper was not vengeance but only Justice and Government Accountability, which according to our constitution is not out of the realm of reasonable citizen expectations. 

 

We have had neither Justice nor Government Accountability.

 

There are a few dedicated folks that are working hard to get rid of this unjust situation and soon will be taking forward their charges.  We need to support them in these endeavors to rid this nation of this unjust and unconstutional legalized government criminal activity for one segment of society.

Barbara Cragnotti  - Veterans for Equal Rights Advocacy
Private Citizen/Mother of U.S. Navy Veteran
President/Legislative Coordinator, Oregon
barbcrag@aol.com 

JUSTICE AND ACCOUNTABILITY

Kelley