Checks and Balances
This is good news — as time goes on the US system of checks and balances may begin to hold the Bush Administration in check.
A US federal appeals court ruled today that prisoners held at the US military prison in Guantanamo Bay, Cuba, should have access to lawyers and the American court system.
I particular like these comments:
Even in times of national emergency - indeed, particularly in such times - it is the obligation of the Judicial Branch to ensure the preservation of our constitutional values and to prevent the Executive Branch from running roughshod over the rights of citizens and aliens alike,” Judge Stephen Reinhardt wrote for the majority.
“We cannot simply accept the government’s position,” Reinhardt continued, “that the Executive Branch possesses the unchecked authority to imprison indefinitely any persons, foreign citizens included, on territory under the sole jurisdiction and control of the United States, without permitting such prisoners recourse of any kind to any judicial forum, or even access to counsel, regardless of the length or manner of their confinement.”
In Australia and the US we have governments who are reducing the rights of those who they oppose increasingly. I remain hopeful that the checks and balances in our democratic countries will prevail in the long term. Even when we disagree with people, and even when we consider that the acts that they have done are barbaric and evil, we must ensure that we uphold the same rights that we want for ourselves. This may be inconvinent and even unpopular in the current climate of fear, scapegoating and demonisation — but that only makes it all the more important.
December 21st, 2003 at 9:25 am
It’s easy to respect the rights of those that don’t do anything wrong. Judges seem so often to get it right.
September 3rd, 2005 at 12:49 am
David H. B. Marshall
28 Meadowview Rd., Wayland, MA., 01778, TEL: 508-877-0461
IS THIS A 1950 FERES DOCTRINE HOLD THE DEPT. OF DEFENSE (DOD) HARMLESS FOR “ACTIVITY INCIDENT TO SERVICE”?[13] THE 1987 U.S. SUPREME COURT STANLEY IS A ‘CONGRESS IS RESPONSIBLE’ DECISION![5] IN 1994 IS THE U.S. SENATE’S SINCE 1944 TO-DATE “EXPERIMENTS THAT WERE DESIGNED TO HARM” HOLD HARMLESS “SHOULD NOT” APPLY TO THE DOD![14 pgs. 4 & 35] IN 2005 NOT REALIZED 11 OF 61 YEARS LATER!
A JET-ENGINE SOUND PRESSURE EXPERIMENT.
Emphasis & paraphrasing throughout.
“The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.” is a 1994 veterans court Chief Judge statement.[8] One policy is a 87,381X sound pressure multiple to a 699,051X+ multiple unprotected non-consensual, subjugation! This at a radius of 50 feet 158 dB. “Noise” level to a 176 dB. level F-86D’s General Electric (GE) J47 jet-engine is the DOD’s “A Compilation of Turbojet Noise Data” conducted in 1952 and published July 1956![1] The for each 6 dB. increase in “Noise” level, sound pressure doubles, 60 dB. 0X NORMAL LEVEL, the 90 dB. 32X HEARING LOSS and 130 dB. 3,413X JET-ENGINE INJURY is established by the American Medical Association Family Medical Guide 3d. Edition pages 364-366. It was in direct disobedience of the DOD Sec.’s 1953 order.[2] Four (4) years earlier, 1949, is a then from 1936 Research & Developed (R&D) “Noise” protection in the filmed initial flights of the 1st. commercial jet-aircraft the British Comet.[3] This U.S. Senate “designed to harm” then known from 1936 lesson learned means of premeditated certain injury is the 1952 “Turbojet Noise” with its also 1952 preplanned 1955 “ACOUSTIC NOISE CONTROL”![4] The end result was a from 1936 R&D injury preventing DOD 1955 “EAR DEFENDERS” 6 years later version of the 1949 “Noise” protection ![4] Six (6) months after the 6/25/87 U.S. Supreme Court STANLEY ‘congress is responsible’ 1958 DOD drug experiment decision [5] is the Code of Federal Regulations (CFR) Dept. of Veterans Affairs (VA) defective governing “schedule…for” [DOD] “disabilities” retroactive to 23 March 1956 “Diseases of the Ear”. A Title 38, Ch. 1, Part 4 omission and manipulation of the since 1936 jet-engine well known by 1949 Cause & Effects 1952 to 1956 DOD “designed to harm” results, i.e., its omitted Cause & Effects plus the since 1861 known Menieres disease! All of which the 12/8/88 established ‘no teeth’ veterans or ANY court may not address![15] A few in congress’s response to the 1987 STANLEY thru USC Title 38, 511(a) [15] IS THE CHIEF JUDGE’S VA DISABILITY PROCESS TO-DATE “INITIAL ADJUDICATORS” “FREELY IGNORED” U.S. “CONSTITUTION, STATUTES AND REGULATIONS” [8]; SEE THE RECORD.!!
THE TEST GROUPS.
The USAF Test Group was the Tyndall AFB, Panama City, Fla., 3632nd. Sqd. F-86D Test Flight section.[11] The USN Test Group was at the Corpus Christi Navel Air Station, Corpus Christi, Texas.[3] The USAF Test Group was 3 - 5 teams of 3 people each. The cockpit man had on earphones and a throat microphone, the two prime subjects on the ground had no “Noise” protection. 1,000’s of other injured USAF & USN personnel also were not provided with protection unlike for those at other bases, on aircraft carriers and at commercial facilities. German, British, Russian, Japanese and American films & literature demonstrate the 1936 to 1949 and 1952 R&D of “acoustic noise control” [4] during the operation of “Turbojet” aircraft, i.e., progressive pilot headgear changes, for passengers and for flight line personnel.[3]
THE EXPERIMENTATION TRIALS.
Under the deception of Test Flight preparation the F-86D was taxied to a remote section of the base and parked within the center of a circle. During many 1952 - 1956 Test Group trials the J47 engine was run from 87,381X through a range of throttle settings to the max. power of ‘afterburner takeoff’ at 699,051X+. A formal written procedure was on a board clipped to the leg while in the cockpit. The Crash/Fire Control Tower was informed of when at each designated throttle setting. The on the ground primary test subjects performed visual ‘hands on’ inspection of different parts of the aircraft during the various settings, e.g., the 2-3 feet away from the J47 inspection of wheel well systems with the 1952 known 50 foot away lowest 87,381X setting vs. the 32 X danger of hearing loss! The Base Control Tower was only contacted when going into afterburner and for permission to taxi. One source said about such unprotected exposure, “It isn’t a question of serious injury, but how much!” When asked about the energy levels involved he stated, “How many ‘A’ bombs does it take to kill one person!” THE RECORD.
The VA Boston , MA. Regional Office “initial adjudicators” have refused to address, provide to their own physicians and the Board of Veteran Appeals (BVA) their 5/7/57 requested and stamped as 6/3/57 received 6/25/52 to 5/21/56 “experiments…designed to harm” [14] in-service evidence. Some of these veteran 5/21/56 retained and 1990’s submitted facts are [11]: The 7/1/52 “O/K for A/C” (Aviation Cadets) with perfect eye sight and hearing. Followed by the11/20/52 acoustic trauma “nausea” and “Blurring” of vision unprotected jet mechanic’s training receipt of diverting ‘reading glasses’. A pre-Cadet jet-engine subjugation 8 DAY 5/27/53 to 6/3/53 sick & dizzy hospitalization in direct disobedience of the DoD Secretary’s 2/26/53 order. [2]. On 7/4/53 an erroneous OK for flying exam. As documented by the USAF Physician’s 1/29/54 Cadet Wing Commander washout exam of the, “Had some trouble with hearing while working on warm-up crew for F86-D with very high noise levels.” And the 2/1/54 “it is unusual to find such a severe deafness”! On the 5/21/56 Separation from Service recorded as a “4 DAY COLD” and “NORMAL HEARING”! An after Cadet experiment 7/29/54 continuation verification by the USAF Physician’s get him off the flight line memo! And the year later also ignored 7/21/55 do not expose to acoustic trauma. Their own VA Physician’s 6/26/57 acoustic trauma resultant “no vestibular function”. Their VA RATING BOARD’s original 7/9/57 negation of the 699,051 X sound pressure and consequences by an award of a 32 X hearing loss 10% disability . THIS IS VERIFIED BY: Their to-date ignored USAF SURGEON 6/25/58 “permanently medically disqualified for military service” resulting from their physician’s directly submitted 6/26/57 injury! A negating and disarming 1/29/59 Honorable Discharge, not medical, “recommended for reenlistment” “Yes”! In 1959 the continuing sick & dizzy attacks resulted in not realizing a third generation medical practice. A VA 6/9/65 noted jet-engine “acoustic trauma” exam’s overlooked sick & dizzy complaints. Over 1,200 connecting facts, 25 DoD, VA & HMO audiograms and 40 exams establish these from 1952-1956 in-service attacks. Their progressively worse increases in frequency, intensity and duration with ‘dry heaves’ resulted in going to HMO physicians their recommendations and the 1991 VA reopening of the 1957 case. Such as a HMO letter of 10 years of 4/20/94 to March 1984 not vision related “difficulty with balance”, “dizziness”, “disorientation” et al resulting in prior business failures. Lessons learned overcame associations with stress, as being vision related and a matter of trust. Its origin is established by the Boston VA ENT Chief’s 9/15/99 stated “symptoms of Menieres disease CLEARLY ARE DOCUMENTED in his service record” with progressively worse consequences but “no reliable treatment”. The BVA on 1/24/02 confirmed the 7/9/57 RATING BOARD’s clear and unmistakable error (CUE) by an in-service Menieres disease award. 3/4/05 awarded was a 60% disability retroactive to 8/11/94. A many times ongoing 14 of 48 years evasion of their 1952-1956 jet-engine experiment revealing 7/9/57 CUE and confirming 6/25/58 “permanently medically disqualified”. In 2005 the “FREELY IGNORED” DOD “TO HARM” guinea pigs can not realize the check & balance of redress between our branches of government!! Available is AN OUTLINE OF ISSUES with its 40 events help of many.
REFERENCES:
[1] USAF PROJECT 7210 “A COMPILATION OF TURBOJET NOISE DATA”, BOLT BERANEK & NEWMAN, INC. CAMBRIDGE 38, MA. Sound pressure levels for all jet-engines in-service. Conducted at Wright Patterson Air Force Base (WPAFB) DAYTON, OHIO in 1952. 1954 logged in as the 401st report for that year published as REPORT 54-401 in July 1956.
[2] Top Secret, Sec. of the DoD 26 February 1953 ‘NO non-consensual, human experiments’ ignored Memo to the Sec.’s of the Army, Navy & Air Force. CC. DoD Joint Chiefs of Staff and the R & D Board; see page 343, “The Nazi Doctors and the Nuremberg Code” by George J. Annas & Michael A. Grodin.
[3] The 1953 “Benox Report” by H. W. Ades, Emory Univ. and at least 16 USAF & USN 1949 to 1956 “CURRENT LIST OF MEDICAL LITERATURE” reports on jet-engine subjugation. Added German, British, Russian, Japanese, American films and literature on the from 1936 to 1955 R&D & production of jet & rocket engines with applicable “ACOUSTIC NOISE” protection are in the public domain.
[4] USAF 1952 conducted PROJECT 7210 based “Turbojet” sound pressure origin [3]: Wright Air Development Command TECH. REPORT preplanned in 1952 as NO. 52-204 published APRIL 1955, “HANDBOOK OF ACOUSTIC NOISE CONTROL”, VOL. 1., SUPP. 1., AERO-MEDICAL LAB., WPAFB, DAYTON, OHIO. And the USAF SCHOOL OF AVIATION MEDICINE, PROJECT NO. 21-1203-0001, REPORT NO. 55-63, AUG. 1955, “FIELD EVALUATION OF PLASTIC CUSTOM-MOLDED EAR DEFENDERS”.
[5] JUNE 25, 1987, U.S. V. STANLEY, 107 S. CT. 3054 (483 U.S. PAGE 669). It addresses the ‘congress is responsible’ for the issue of a 1958 DoD non-consensual, human drug trials and other experimentations.
[6] National Institute on Deafness and Other Communication Disorders, April 1993 “Update on Dizziness”.
[7] U.S. State Department, “U.S. REPORT UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS JULY 1994, Article 7”.
[8] 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
[9] VFW magazine. December 2002, Project Shipboard and Hazard Defense (SHAD) Page 22.
[10] DAV magazine. September/October 2003 issue, Page 25.[11] MEDICAL DOCUMENTATION. It includes 40 sets of USAF 1952-1956 in-service records with 11 medical exams & the names and serial numbers of 117 injured personnel. With the Boston, MA. VA Regional Office Physician’s 6/26/57 “no vestibular function” and the resulting USAF SURGEON HQ AARC, 25 June 1958 “permanently medically disqualified”!
[12] BVA DOCKET NO. 94 - 43223, DAVID H. MARSHALL; 1/24/02 Board of Veteran’s Appeals award of a 1952-1956 in-service “schedule” omitted Menieres disease.
[13] Feres v. United States, 340 U.S. 135, 146 (1950).
[14] U.S. Senate - http://Www.mindcontrolforums.com/1994-rockefeller-report.htm
[15] http://www.law.cornell.edu/uscode/html/uscode38/uscsec3800000511—-000-.html “United States Code (USC) Title 38, 511. Decisions of the Secretary; finality.”
November 4th, 2005 at 4:56 am
Than you for the posting. Any reply from others so injured?