portland independent media center  
images audio video
newswire article commentary united states

government | human & civil rights

To harm ignored.

In 2008 the U.S. Congress still treats as an "incident to service" [1] the U.S. Senate's DOD "experiments...designed to harm" [7]!
The U.S. Congress "to harm" Ignored.

U. S. Senate Background.

Their, "III. Findings and conclusions" state, "K. DOD and DVA have repeatedly failed to provide information and medical followup to those who participate in military research..." and "N. Participation in military research is rarely included in military medical records, making it impossible to support a veteran's claim for service-connected disabilities from military research." By their inaction Congress has approved the continuation of the Report's: "Introduction" A. "During the last 50 years, hundreds of thousands of military personnel have been involved in human experimentation and other intentional exposures conducted by the Department of Defense (DOD), often without a servicemember's knowledge or consent.", B. "most Americans would agree that the use of soldiers as unwitting guinea pigs in experiments that were designed to harm them, at least temporarily, is not ethical." And "Forward" C. " The findings and conclusions contained in this report are those of the majority staff and do not necessarily reflect the views of the members of the Committee on Veterans' Affairs." Chairman. Thereby, DOD & Department of Veterans Affairs (VA) Healthcare System to-date covered up are these experiments and prevented is treatment as documented by the 1994 U.S. Senate Report.[7] The opposing "views" resulted in the 2008 continuing on the general public of a version of the DOD Project 112 biological lessons learned.[8] This is by the 19 December 2006 established civilian "Biomedical Advanced Research and Development Authority (BARDA)".[10] Under the cover of its "national security missions", as it is for military personnel, withheld from the civilian "guinea pigs" are the cause and effects of its "Biomedical...Research and Development" (R&D) Projects.

Order Ignored.

From 1953 the U.S. Senate "to harm" lessons learned were in direct disobedience of the DOD Secretary's TOP SECRET order. The U.S. Senate's 1994 "servicemember's knowledge" and "consent" was required forty one (41) years earlier. [3] Then known by the Secretary's of all Services, Joint Chiefs of Staff, and their R&D Board. The order was "UNCLASSIFIED" in 1975. Nineteen (19) years later, during the U.S. Senate's reported past 50 years, most of the "to harm" service records were destroyed in a 1973 National Personnel Records Center (NPRC) fire. Those that survived had all witnesses censored by Congress's 1974 Privacy Act! The "Veterans Right to Know Act" was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. It never became law.

The U.S. Supreme Court Did Not Know?

The 1987 U.S. Supreme Court Stanley decision [4] extends the coverage of their 1950 Feres Case that a death by a military barracks fire was an "incident to service" [1]. Stanley treats the 1958 DOD "experiments...designed to harm" disobedience of the 1953 order [3] as also an "incident"! Despite the efforts of some, to-date these victims have not been given the U.S. Senate "to harm" recovery of, "IV. Recommendations. G. The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given." [7] Because of service afterwards lost are those prior to rights that convicted rapists and murderers keep! [5]

All Is In-The- Record!

Each Executive Branch (DOD, CIA & BARDA) Project completes the R&D process. The prior lessons learned are reviewed. The then Scope of Work defines what the experiment is "designed" to do. 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, e.g., the DOD manufacturers handling of hazardous materials such as Depleted Uranium, Agent Orange, the biological agents of Project 112 [9] and the jet-engine noise levels of Project 7210 [2]. All is in the Executive Branch record! Under the cover of national security the revealing treatment evidence: 1. Is not cause identified in a subject's Medical History, so that they never the wiser become. The deceived victim's "to harm" effects are not Medical History recorded, therefore not addressed! Prevented is any follow up by independent civilian and VA physicians. And 2. For veterans' the 64 years of experiment specific injuries are not in the VA "schedule of ratings for disabilities" [6]!

A few in Congress made certain that this revealing evidence will not be addressed. The year following STANLEY was the 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 order ignored "to harm" R&D experimental effects and their causes! The Veterans Court Chief Judge's no teeth statement with his VA ignoring of the Court's decisions! [6] The Secretary of the 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. If allowed an APPEAL, it is not part of the record at the Article I Veterans Court. The evidence is also missing at the next level U.S. Judicial Branch Article III, Court of Appeals for the Federal Circuit.

Why "may not review"?

May not be reviewed records prevent medical, administrative and judicial "activities" that "would be detrimental to the accomplishment of...mission." This is by the still in 2008 reasoning of "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 on its proven 1958 CIA experiment on U.S. Army personnel. [4]

"Right to Know".

There now is no 64 years later "Veterans Right to Know". After they complete Honorable Service despite the efforts of some Congress has not given back to veterans their rights. Revealed would be the few's corrupt for the greater good of all. Accomplished by the end justifies the "designed to harm" means. Carried out under the cover of our nation's wars! A few key members in Congress, have dishonored all those that serve.

Hold Responsible.

Now BARDA Experiments Conducted on You! Please, Hold Your Members in the U.S. Congress Accountable! These U.S. Supreme Court and U.S. Senate Documented Facts Are Internet Censored.[11] Passing this on to Others So That They May Do the Same Would Be Appreciated. Thank You.

David H. Marshall


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

[2] 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, Dayton, Ohio in 1952. 1954 logged in as the 401st report for that year published as Report 54-401 July 1956.

[3] 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 [8] as NOTES 72, 168 & 169.

[4] 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 [8] Cited in Note 169.

[5] U.S. State Dept., "U.S. Report under the International Covenant on Civil and Political Rights July 1994, Art. 7".

[6] Chief Judge Frank Q. Nebeker, State of the Court for Presentation to the United States Court of Veterans Appeals Third Judicial Conference October 17-18, 1994. In the Veterans Appeals Reporter. www.firebase. net/state_of_court_brief.htm Annual Judicial Conference Transcript. www. goodnet.com/~heads/nebeker

[7] U.S. Senate 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. Committee Print - S. Print. 103-97.

[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. http://www. law.cornell.edu/

[10] "Biomedical Advanced Research and Development Authority (BARDA)" S-3678.

[11] From: MAILER-DAEMON@ n7.bullet.ukl.yahoo.com Subject: failure notice. Date: Mon, 26 Nov 2007 19:43:22 -0000 Sorry, we were unable to deliver your message.... Remote host said: 550 SC-001 Mail rejected by Windows Live Hotmail for policy reasons. Reasons for rejection may be related to content with spam-like characteristics or IP/domain reputation problems. And From: MAILER-DAEMON@ n5.bullet.ukl.yahoo.com Sat, 12 Jan 2008 18:52:58 -0000 Subject: failure notice Sorry, we were unable to deliver your message to the following address. XXXX Remote host said: 554 The message was rejected because it contains prohibited virus or spam content [BODY].