Oversight by Congress?

By: Howard M.

In 2011 shouldn’t U.S. Service Personnel have the same U.S. Constitutional Rights that rapists and murderers keep?

2002 U.S. Senate Hearing on the Feres Doctrine.  The 2002 Hearing’s 127 pages of 19 Testimonials and Submissions for the Record did not address the documented: 1. Government Accountability Office (GAO) and U.S. Senate 1994 Reports that recorded “hundreds of thousands” of in-service guinea pigs, the variety and number of injurious non-consensual, experiments.  The Senate 1994 Report’s noted withheld needed for treatment but experiment identifying evidence.  2. Not 2002 recognized was that many experiments were in direct disobedience of the Department of Defense (DOD) Secretary’s 1953 Order.  3. No mention was made of the fact that convicted rapists and murderers receive U.S. Constitutional experimentation protection that U.S. Service Personnel DO NOT!!  Starting on page 64 of the 2002 Senate Hearing PDF version, the UNITED STATES DEPARTMENT OF JUSTICE stated that in the 1950 U.S. Supreme Court’s Feres Doctrine decision, “The Court relied upon three principal reasons in coming to its decision: (1) The existence and availability of a separate, uniform, comprehensive, no-fault compensation scheme for injured military personnel;” Answering this issue is the 1994 U.S. Senate Report with its, “III. Findings and conclusions” “K” and “N”. Then the Dept. of Justices reported Supreme Court’s, “(2) The effect upon military order, discipline, and effectiveness if service member were permitted to sue the government or each other; and, (3) The distinctly federal relationship between the government and members of its armed services, and the corresponding unfairness of permitting service-connected claims to be determined by nonuniform law.”, i.e., the application of the U.S. Constitution’s Bill of Rights, Amendment Eight to U.S. Prisoners but NOT to U.S. Service Personnel?   SOURCE: “THE FERES DOCTRINE: AN EXAMINATION OF THIS MILITARY EXCEPTION TO THE FEDERAL TORT CLAIMS ACT OCTOBER 8, 2002.”  www.access.gpo.gov/congress/senate/pdf/107hrg/88833.pdf

The 1994 U.S. Senate Report noted, “The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.”  Then, “During the last 50 years, hundreds of thousands of military personnel” were subjected to “experiments that were designed to harm”, e.g., their reported biological and chemical agents, radiation exposure, hallucinogenic and investigational drugs, experimental vaccines and behavior modification projects.  In 2011 still ignored is this and the also noted past and present, “III. Findings and conclusions”, “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.”, i.e., the withheld needed for treatment but experiment identifying injury evidence.  SOURCE: 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.  Underlying this Senate Report is the GAO September 28, 1994 “Human Experimentation Overview on Co1d War Era Programs”  T-NSIAD-94-266 archive.gao.gov/t2pbat2/152601.pdf

In 1992 the U.S. Senate signed the United Nation, International Covenant on Civil and Political Rights (ICCPR).  with its  “.. Article 7 – Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment.”  It gives convicted U.S. rapists and murderers protection from  experiments by the U.S. Constitution’s Bill of Rights, Amendment VIII. Under, “Basic Rights of Prisoners.” is, “Written policy and practice prohibit the use of inmates for medical….experiments.” and “Nonconsensual experimentation is illegal”!  Nineteen (19) times cited is the U.S. Constitution plus its Eighth Amendment’s no cruel and unusual punishment.  SOURCE: 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.”

The U.S. Supreme Court’s 1987 STANLEY is a DOD, 1953 order disobeyed, 1958 injurious LSD  experiment.  This non-consenting guinea pig, Supreme Court noted as drugged under the concealment of chemical warfare testing, is swept under the same FERES injurious cover of an “incident to service.”   Fifty (50) times STANLEY cites the Feres Doctrine.  Not once addressed is the no human experimentation disobeyed 1953 order and the protection of the U.S. Constitution’s Bill of Rights, Amendment Eight.  SOURCE: 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

On 26 February 1953 was the DOD Secretary’s  NO non-consensual, human experiments on service personnel.  This Top Secret Memo was UNCLASSIFIED on 22 August 1975:
“…the policy set forth below will govern the use of human volunteers by the Department of Defense in experimental research in the fields of atomic, biological and/or chemical warfare.”
“a. The voluntary consent of the human subject is absolutely essential.”
SOURCE: Pgs. 343-345: “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” George J. Annas and Michael A. Grodin (N. Y.: Oxford University Press, 1992).

The U.S. Supreme Court’s 1950 Feres Case determined that past and present military personnel can’t hold the U.S. Government accountable for injurious acts.  In determining responsibility for a death due to a 1947 Army barracks fire, those that serve fall into a DOD special “injuries that arise out of or are in the course of activity incident to service” category.  The Feres Doctrine’s sovereign immunity rational effectively makes the DOD the Judge and Jury over its own injurious experimentation acts.  Lost are the checks and balances of the Judicial and Legislative Branches!  SOURCE: Feres v. United States, 340 U.S. 135, 146 (1950).

For U.S. Service Personnel lost is the U.S. Constitutional protection given to convicted rapists and murderers!

Starting from the U.S. Senate’s 1994, 50 years past, it is now 67 years of U.S. Congressional talk with no Feres Doctrine and its STANLEY service personnel “to harm” experimentation correction.  During this time, hundreds of thousands of the “to harm” service records were destroyed in a 1973 National Personnel Records Center (NPRC) fire.  Then Congress’s 1974 Privacy Act censored experiment verifying witnesses from any surviving and future records!  Overlooked by many in Congress is their Oath of Office to defend the U.S. Constitution, their “Pledge of Allegiance” “with liberty and justice for all” checks and balances function, their U.S. Constitution Eighth Amendment protection of convicted rapists and murderers (but NOT U.S. Service Personnel) with the U.S. Supreme Court’s ignored, carved in stone over its entrance, “EQUAL JUSTICE UNDER LAW”!

As in the GAO and U.S. Senate’s reported past, these “military research” “incident to service”  activities are conducted under the ongoing secrecy cover of our ‘national interests’, e.g., WWII, Cold War, Korea, Vietnam, Gulf War, Iraq and Afghanistan.  Shouldn’t U.S. Service Personnel and Veterans get back those Constitutional Rights that they die for and convicted rapists and murderers keep?  Please hold your members in the U.S. Congress accountable!