David H Marshall

“[ Footnote 4 ] The intelligence community believed that 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." Id., at 394 (quoting CIA Inspector General's Survey of the Technical Services Division, p. 217 (1957)).” See [Footnote 4 of IV] U.S. 709 U.S. Supreme Court 1987 STANLEY military experiment case. [3] The "Veterans Right to Know Act" to establish the Veterans' Right to Know Commission was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress.[9] In accordance with the ongoing greater good necessity “to conceal these activities...” a veteran's right to get the U.S. Senate’s “designed to harm” needed for treatment, and experiment identifying, evidence never became law.

To-date rejected is the U.S. Senate 1994 Report’s, “The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.”[8] Despite the 16 of 66 year efforts of some, the U.S. Congress has failed to protect service personnel from “to harm” experiments. Therefore, do not the U.S. Senate’s reported Department of Defense (DOD) “EXPERIMENTS THAT WERE DESIGNED TO HARM” [8] continue? All conducted under the cover of Patriotism!

Please have your members in the U.S. Congress give back to service personnel and veterans those rights that convicted rapists and murderers keep, e.g., “Written policy and practice prohibit the use of” [prison] “inmates for medical.....experiments.”! See page 13 of 14, REF: [6] The U.S. Supreme Court’s 1987 STANLEY [3] “to harm” DOD experiment is approved by the U.S. Supreme Court’s 1950 FERES [1] ‘can do no wrong, ends justify the means’ Doctrine. The STANLEY case is one of the U.S. Senate’s 1994 “During the last 50 years, hundreds of thousands of military personnel” were subjected to “experiments that were designed to harm”, e.g., the reported biological and chemical agents, radiation exposure, hallucinogenic and investigational drugs, experimental vaccines and behavior modification projects.[8] It is a dereliction of duty in direct disobedience of the DOD Secretary's 26 February 1953 NO non-consensual, human experiments.[2] 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. Congress’s 1974 Privacy Act censored experiment verifying witnesses from any surviving records!

After the 1987 STANLEY, Congress passed the 1988 Veterans’ Judicial Review Act (VJRA).[4] Established was the Legislative, Article I severely restricted, U.S. Court of Veterans Appeals. In 1994 its Chief Judge stated, "The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy -- policy freely ignored by many initial adjudicators whose attitude is, "I haven't been told by my boss to change. If you don't like it -- appeal it."[7] Congress dictated that, "The court may not review the schedule of ratings for disabilities or the policies underlying the schedule."[4] Given to the Secretary of the Department of Veterans Affairs (DVA) is the Judicial Branch’s final authority on "the policies underlying the schedule" questions of law![5]

Each "to harm" experiment completes a Research and Development (R&D) process. Prior R&D is reviewed. The resulting Scope of Work defines what each experiment is "designed" to accomplish. The how, where, when and who is identified. The conducted RESEARCHED cause and effects are closely followed and recorded. From the results are DEVELOPED safe production, use, victim treatment and protection. Accordingly, at the time known are the recorded and withheld “designed to harm” resultant “schedule” disabilities with their identifying symptoms and treatment. Ignored by the U.S. Congress is the service personnel rights lost vs. prison inmate kept!

Overlooked by many in Congress is our “Pledge of Allegiance” “with liberty and justice for all" and the U.S. Supreme Court’s ignored own, carved in stone over its entrance, “EQUAL JUSTICE UNDER LAW”!

REFERENCES:

[1] 1950 - Feres v. United States, 340 U.S. 135, 146 (1950). http://supreme.justia.com/us/340/135/case.html

[2] 1953 - 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).

[3] 1987 - 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). http://supreme.justia.com/us/483/669/case.html

[4] 1988 - Veterans’ Judicial Review Act (VJRA), Pub. L. No. 100-687, Div. A, 102 Stat. 4105 (8 December 1988) DVA-Chapter 4 and http://law.jrank.org/pages/6784/Federal-Courts-Court-Appeals-Veterans-Claims.html#ixzz0MIKbF8ND

[5] "United States Code (USC) Title 38, 511. Decisions of the Secretary; finality." US CODE: Title 38511. Decisions of the Secretary; finality.

[6] 1994 - U.S. State Dept., "U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7 - Freedom from Torture, or Cruel, Inhuman
or Degrading Treatment or Punishment.” Electronic Research Collections (ERC)

[7] 1994 - Chief Judge and colleague statements, Court of Veterans Appeals, Annual Judicial Conference, Fort Meyer, VA., 17 & 18 October 1994. Chief Judge Frank Nebeker's Statement STATE OF COURT - - - URL: http://www.firebase.net/state_of_court_brief.htm

[8] 1994 - 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.

[9] 2005 & 2006 - "Veterans Right to Know Act" to establish the Veterans' Right to Know Commission was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. H. R. 4259.