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UPDATE
On October 14, 2002, Barb Cragnotti, Legislative Coordinator, VERPA Board of Officers, sent notification of VERPA's plan to submit a formal statement to the record with respect to the Senate Judiciary Committee Hearing, held October 8, 2002. You are urged to 'follow through' on the suggestion to put in writing, how the Feres Doctrine and Sovereign Immunity has affected your family and send the statement to Senator Specter. A 'copy' of two such letters are being 'tacked' on as 'examples' and/or 'guidelines', for your review of content.
1) Letter from Jan Beimdiek, Directing CEO of MAMMA
2) Letter from Dorothy H. Mackey, Executive Director of STAMP
3) Supplemental letter exchange from Jan Beimdiek, Directing CEO of MAMMA
Thank you for any efforts you put forth on this matter.
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Field Reps by State: PA, NY, OH, MA, MI, GA, TN, WI, TX, LA, OR, AR, CA, AZ, HI, NC, VA, WA
Dear VERPA Board Members, All Veterans' Organizations & Supporters:
As most of you know, the Senate was flooded by calls this past week with requests for VERPA to be heard at the Senate Judiciary Committee's October 8, 2002, hearings with regard to; "The Feres Doctrine; an Examination of this Military Exception to the Federal Tort Claims Act". We send our sincere thank you to all who made phone calls, sent faxes and e-mails to get VERPA's testimony into the record. We would like to provide this letter to brief you on what transpired at that hearing.
We are sorry our response to you has been so delayed. Since the hearing, we have inquired about getting our "statement for the record" introduced, and on October 11, 2002, Senator Specter's aide, Mr. Swanton, gave us the approval to do just that. Therefore, this letter is further intended to provide you with notification that VERPA plans to submit a formal statement to the record.
Remember, VERPA's position is that the "Feres Doctrine" for the past 52 years has allowed and continues to allow human and constitutional rights abuses of Americans serving our nation. Moreover, these abuses further effect the loved ones of service men and women and deny us equal protection and due process to protect our liberty and property interests under this judicial body of law.
We encourage everyone to put in writing, how the Feres Doctrine and Sovereign Immunity have effected your lives. Please send your written statement to Senator Specters Office, Attn: Thomas Swanton. You can fax to Thomas Swanton at (202) 228-1229 or e-mail to him @ Thomas_Swanton@specter.senate.gov. Please also e-mail a copy to me at barbcrag@aol.com . or mail a copy to VERPA P.O. Box 263, Upper Darby, PA 19082 for VERPA's records to take to future hearings, thank you.
The following explanation of the hearings is provided by the verbatim e-mail I received from "True", VERPA Founder/Executive Director, who attended the hearings in person and on behalf of VERPA. Although, True was not afforded the opportunity to testify live, he was able to achieve "face time" for lack of better words, with Senator Leahy and Senator Specter's aides.
This is what "True" observed and has to say:
"I will be very frank with this letter with respect to the Senate Judiciary Committee hearing held October 8, 2002." From my eight year involvement with the "Feres Doctrine" subject matter, my observations and the testimony provided by the Department of Justice (DOJ) and Military to preserve this law was not convincing to say the least. As a matter of fact, it was the "status quo" position, which has prevailed for 52 years.
* The hearing opened with Paul Harris, Deputy Associate Attorney General for the DOJ. Essentially, Harris on behalf of the DOJ toed the 52 year line of the DOJ and DOD asserting any reform of the Doctrine would (1), hinder good order and discipline and (2), that the VA Health Care system is the appropriate place to compensate service-connected injuries and is in his words, "on the whole, is far more generous, even-handed, and fair than compensation available to private citizens under analogous state workers' compensation schemes" and (3), promoted the long standing doctrine of judicial deference to the military, wherein, the federal courts are reluctant to "second guess military decisions." Of course, VERPA's argument has been and will always be, the failure of the judiciary to keep checks and balances on the Executive and Legislative branches who control the military, does and will continue to lead to abuse. (Re: U.S. v. Johnson, 1987, Dissenting opinion of Justice Scalia).
Let's break it down:
DISRUPTON OF GOOD ORDER AND DISCIPLINE
Naturally, it brings to mind, for who's good order and who's discipline is the law truly benefiting? It is without any question in my mind that those in government fear being held accountable for intentional and deliberate abuses of American citizens human and constitutional rights as we know all to well go unchecked under the Doctrine.
VERPA's position with overturning the Feres Doctrine is based on the essential element that we DO NOT want to disrupt good order and discipline hence the "negligence" factor is not a factor. We believe, negligence is "dereliction of duty" and the Uniform Code of Military Justice (UCMJ) is the proper forum to Address negligence issues.
This hearing focused mainly on "negligence" however, we know darn well it goes much further. Specifically, intentional and deliberate wrongful acts and omissions arising from abuses or gross negligence being covered up within the military's command, legal and medical processes and instead of existing laws such as the Inspectors General Act and Military Whistleblower Protection Act being enforced by the DOJ, the DOJ is spending countless amounts of taxpayer's dollars to defend federal employees who should be prosecuted rather than be defended.
My take: The DOJ argument was very weak and after the hearing I let Mr. Harris know this professionally speaking. I essentially asked him, how he or anyone in the DOJ can sleep at night knowing, what the Feres Doctrine has done to a half century of Americans and loved ones serving this nation. Five DOJ officials just looked puzzled and had no comment. They know, we know!
* The Pentagon's position was voiced by Mr. Chris Weaver, Rear Admiral and Commandant United States Navy.
Mr. Weaver's arguments to keep the Feres Doctrine as is were truly WEAK for a lack of a better word. Mr. Weaver, when questioned to provide a substantive position as to how overturning the doctrine would hinder military operations, seemed lost and confused. I can only imagine how pathetic these so called public servants would look under oath in an American courtroom if veterans, such as civilians in "like circumstances" who are afforded redress, would hold up. Again, accountability is what the military does not want to have to answer to.
After Mr. Weaver's testimony, four or five of his military aides left the room. I approached the Admiral, introduced myself and gave him the book and the letter of request to attend. I essentially, stated, Admiral, you know this law is a bad law. Left it at that. (By the way, left about 20 books with our letter of request to speak, along with our web site etc., on the Press table and they all were gone by the end of the hearing). The book, as most of you know, clearly asserts the doctrine allows corruption in the command, legal and medical processes in the DOD. The information was being read during the hearing by several spectators to include reporters.
The above is a brief about those in our government and why they believe it should remain the law of the land. Not convincing and in my gut feeling, the Feres Doctrine's time has come.
What essentially came out of this hearing, the Military has enjoyed the fact that their wrongful acts, omissions and "free ride" with regard to no "supervision" or "accountability" due to the federal judiciary's failure to intervene under Feres, benefits those in power, while leaving those who carry out the orders to suffer great loss or denial of rights and benefits arising from the wrongful, malicious, or grossly incompetent acts of federal employees in the DOD.
FAVORABLE TESTIMONY TO OVERTURN/REFORM
On our side, was Eugene Fidell, attorney in DC, Daniel Joseph, attorney for the O'Neill's, and Richard A. Spague, Esquire. All three of these gentlemen provided good testimony about why the Feres Doctrine and its "judge made law" status essentially have denied American citizens and our loved ones equal justice under the FTCA. They focused on "negligence," although, in my opinion with regard to Kerry's O'Neill's case, "gross-negligence" should have been argued simply because, and I did not know this before, Kerry's murderer, ONLY because he was a NAVAL OFFICER who was required to undergo a mental health evaluation prior to submarine duty, was allowed qualification without this process being undertaken. I might be wrong on this, but gross negligence and dereliction of duty (a crime under the UCMJ) comes into play here.
It is simply a sad situation what happened to Kerry and the O'Neill's because the Navy did not follow proper procedures and read all the "red flag" signs that this young sailor and others were in danger. I further see it as a case of "gross medical malpractice" and even if the Feres Doctrine bars financial recovery, criminal charges should have been brought.
Kerry's mother and her testimony were very moving to say the least. I know now, my soul is so deeply involved because of year's prior I would myself have been in tears. The tears are gone and I am very hardened as you all know, from dealing and talking with loved ones whose loved ones were murdered, raped, retaliated against, subjected to medical and legal malpractice etc.
All for which VERPA advocates that the Feres Doctrine allows HUMAN AND CONSTITUTIONAL RIGHTS ABUSES to go unchecked in the DOD. Moreover, the long arm of the Feres Doctrine reaches far into the VA Health Care system wherein, service-connected injury, albeit, physical, mental or arising from tort, if not addressed prior to discharge in the Medical Examination Board (MEB) and Physical Examination Board (PEB) processes, WILL NOT be addressed by the VHA.
WHERE WE MUST NOW PROCEED
After experiencing eight years of "lip service" and knowing what I know, I would have spoken proudly on behalf of VERPA. I would have testified that "negligence" is not at issue and VERPA's intended reforms will in no way, disrupt a commander's ability to give orders in time of war or national emergency. However, if those orders are illegal and result in unwarranted injury or death, those issues would and should be addressed under the UCMJ.
Although, VERPA did not have the opportunity to testify, the mere fact the hearings were held is a HUGE stepping-stone for our mission to overturn the Feres Doctrine. Of major importance is the fact that Congress knows we are on the march and the word about this unjust law is making its way across our great Nation! Specifically, Senator Specter's comment, which told me, the pressure is on them, and I paraphrase; "We understand we are being told to fix this law ... however, we cannot even pass a budget ..."
My gut instinct and I hope I am wrong, is that the above comment tells me the Feres Doctrine issue is NO LONGER an issue with the Congress for many years to come. I hope I am wrong, but, I don't think so and it is therefore up to us, ALL Veterans organizations to pull together on this subject matter.
In all, I did get some time in with the Senators aides. I simply said; how in the world could a hearing on the Feres Doctrine go down when the very organization that was formed, "VERPA" to address this unjust law was not invited to attend?
We all know, this hearing was scheduled without an invitation being offered before hand and one point I did make to Senator Specter's aide was this; "You cannot tell me, the Congress does not know who "VERPA" is, why we formed and what we are seeking. Because, every agency in the government, DOJ, DOD, VA, Senate and Congress has reviewed our site." NO COMMENT!
CONCLUSION
In conclusion, we urge all independent Veterans' organizations and individuals to provide comment or feedback. Moreover, we urge everyone STAY ON the Senate Judiciary Committee and compel them to hold "substantive" hearings without further delay.
It appears, if the Senate Judiciary allows this matter to simply ride into time, VERPA will without hesitation focus our attention and begin drafting a petition to the World Court in the Hague.
We believe; the most important committee in all of this is the Senate Judiciary. Having held this hearing, we will await a response to our "Statement for the Record" upon acceptance of any inputs we receive in response to this letter.
In closing, we will seek "declaratory judgment" at the World Court based on the fact that the United States Congress and its majority in both houses have condoned, aided and abetted "human and constitutional" rights abuses for 52 years under the Feres Doctrine.
Moreover, we believe, the World Court has jurisdiction due to the fact that the Feres Doctrine allows intentional and deliberate violations of the Nuremberg Code.
Our system of "checks and balances" wherein the Judiciary has given the Executive and Legislation branches free reign to destroy the lives of Americans serving this nation without being held accountable is a serious public trust matter that can no longer be delayed in correcting.
The "Feres Doctrine" and its grant of "sovereign immunity" is in direct violation of the United States Constitution wherein, usurpation of our Constitution by federal employees within the DOD resulting in injury or injustice cannot continue.
We must redress the wrongs of the past to institute true reforms for our future generations who might be called upon to defend our nation.
The time is now! If the Senate Judiciary Committee is the one who can right the Feres Doctrine and does not want to take our learned and experienced advice on how to fix this evil and unconstitutional law, while maintaining the Military Commander's ability to fight wars, no amount of phone calls, letters etc., will do any good.
These people know, we know, their "FAILURE TO ACT" gives us jurisdiction under Title 42, USC, the "Public Health and Welfare" to sue every one of them for failure to prevent the unspeakable abuses the Feres Doctrine has brought upon our nation's Veterans for 52 years!!
We need not only National attention but also World Wide attention if our submission to the Senate Judiciary Committee fails to achieve positive discussions.
Thank you all for getting us at least in the door of Congress to let them know, we are here, we are not going anywhere and we will prevail! We only seek "EQUAL JUSTICE UNDER LAW" to redress the wrongful acts, omissions that result in personal injury or death as all other Americans enjoy.
In closing, we believe, instead of the Justice Department spending hundreds of millions to defend cases under this law, conservatively speaking, they should be using our tax dollars to prosecute those who abuse their powers or carrying out orders or make decisions that in like circumstances, if we were civilians, we would be granted access to the Federal Courts under the FTCA.
We ask for no money. We ask that the laws on the books be strengthened to prevent fraud, waste, and abuse issues that in the long run, deny us our right to protect our liberty and property interests under the U.S. Constitution!
Very truly yours,
Barbara Cragnotti
VERPA Legislative Coordinator
On behalf of VERPA Board and Officers
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Example Letter 1:
To : Senator Specter
Attn: Thomas Swanton
Re: Feres Doctrine Senate Judiciary Hearing, October 8, 2002
October 16, 2002
Dear Senator Specter,
- My name is Jan Beimdiek and I am the Directing CEO of MAMMA (M+others Aligned
for Military & Murder Accountability)
- I hold this position because my son, HM3 Scott Michael Beimdiek was Viciously and
Violently MURDERED while serving in the U.S. Military!
- His death is 'officially' listed as an 'accident', but as with an ever growing number of
other military deaths, the evidence and circumstances surrounding his death...cast doubt
on that ruling from the start.
- Families, like ours, are depicted by the military as distraught and in denial.
- 'Officials', such as yourself, are assured that EVERYTHING was taken care of, when in
FACT...NOTHING was done to investigate our case and evidence, submitted by the
family was just stuck in a drawer by the DoD and their actions, or lack thereof, smacks of
malfeasance.
[In support of that ‘claim’, consider:
1) On March 2, 1998, a 51 page packet of materials, presenting DoD with a ‘murder suspect’, was sent from (then) Senator Rod Grams’ office by Anne Crowther, his Legislative Assistant and our ‘case’ worker, to the Director, Congressional Liaison Office, DoDIG.
2) On March 16, 1998, Chris Erikstrup, Senator Grams’ Chief of staff, got a voice mail message from the head of the congressional office, Mr. Crane, complaining that they had closed this case in 1996 and they keep getting letters from the Senator!
3) On March 26, 1998, five (5) DoD Representatives ‘briefed’ Ms. Erikstrup, conceding that there had NEVER BEEN an investigation into the death of HM3 Scott Michael Beimdiek and asserting that it didn’t matter as they’d determined that “the results would have been the same, anyway”!
4) Not only is that ‘ludicrous’, in and of itself, but that ‘assertion’ makes it clear that the DoD had LIED to Senators and everyone else for over five (5) years, while maintaining that ‘there had been a THOROUGH investigation!
5) From that point on, the ‘door’ has been effectively CLOSED as every attempt to seek redress, even through Minnesota’s ‘new’ Senator, Mark Dayton, is met with the declaration that DoD assures them that there has already been an ‘inquiry’ on our behalf, which constitutes a return to DoD’s ‘original’ LIE!
6) WORSE...the DoD’s claim that there’s been an ‘inquiry’ has and continues to ‘close’ the ‘door’ for any and all families seeking redress for ‘questionable military death rulings’ for men and women, the ‘children’ of families, like ours...willing to ‘lay down their lives’ for ‘Truth, Justice and the American way of life’, who now lay in graves with their ‘dignity’ assaulted and their ‘names’ sullied, denied even the ‘respect’ of having the TRUTH told about how they died!
7) The ‘inquiry’ that DoD presents as the ‘alpha and omega’ for these ‘situations’ took place on September 12, 1996 and in and of itself gives shameful testimony to ‘abuse’ of usurped powers, garnered from the ‘Oedipus Rex Complex’ that emanates from the Feres Doctrine...please note:
a) Senator Strom Thurmond had agreed to ‘chair’ a full ‘Armed Services Committee’ Hearing, in April of 1996, but DoD manipulation, using the ‘ruse’ of duplicity, caused that ‘Hearing’ to be substituted by a ‘Subcommittee on Personnel’ Hearing, ‘chaired’ by Senator Kempthorne.
b) Many families, including ours, were effectively ‘frozen out’ of the ‘Hearing’ because DoD ‘reports of review’, due to us in 1994, weren’t issued until after the ‘Hearing’. (Ours was received in January of 1997.)
c) DoD misrepresented the nature of the ‘Hearing’...labeling it a “Suicide Prevention Workshop” and thus undermining military families’ efforts to interact with military personnel, who would/could aid in redress of a situations they seem unaware exists, namely ‘questionable’ death rulings of military personnel. (For example, General C. A. Mutter, our son’s Marine side Commanding Officer, at the time of his death, apparently unaware of our ‘plight’...merely submitted written testimony for said ‘Workshop’...copy of which is available for ‘review’.)
d) There have NOT been any additional ‘Hearings’...even though the number of ‘questionable’ rulings continues to grow, every year!]
- While no one would expect a 9-11 family to 'Build the case' for the murder of their loved one...yet, thanks to the Feres Doctrine and Sovereign Immunity...THAT is EXACTLY what is expected of these military families!
- Though it has been many (too many) years, the words of Dr. Charles J. Stahl, Director of AFIP (Armed Forces Institute of Pathology) still burn in my mind and stab at my heart...and I quote "You will get reports and pictures and you can take them anywhere and to anyone you want, but it won't get you anything because I am the court of last resort and you have nowhere else to go!"
- Being a trusting 'citizen' of a country founded on TRUTH and JUSTICE...for ALL...I refuse to believe that such is the case, but it's been ever so incomprehensible to come to realize that for members of the military and their families...his words rule!
- The military has a Suicide/Homicide problem...a problem I believe the Military helped 'create' and continues to perpetrate.
- Penny Flitcraft, mother of Andrea Floyd, who was 'murdered' at Fort Bragg, this past July, got it right when she said, "...his training was such that if you can't control it, you kill it".
- The efforts to sidestep consequences from culpability revolve around the ability to deny that any problem exists (as would be the case, if Accounting firms were allowed to audit their own books) and ‘labeling’ ALL violent military deaths as 'self inflicted'...which, unfortunately sends out the message: "You can get away with murder in the military" and criminals are doing just that...murdering to 'cover up' even petty crimes.
- Members of our military are in a situation of RECKLESS ENDANGERMENT and the problem, compounded by the fact that every year, murderers, who have gotten away with murder, are discharged into an 'unsuspecting' society, needs to be redressed...not ignored.
- The Feres Doctrine is not only ‘criminal’...in and of itself...it also allows criminal acts to be covered up and you are urged to take all steps necessary to resolve this deplorable and unjust denial of equal protection and due process to protect our liberty and property interests under this judicial body of law.
- In view of the fact that a declaration of ‘WAR’ would basically erase any factor of ‘accountability’, pertaining to the military and the DoD, your prompt attention, to the contention that the ‘Feres Doctrine’ continues to allow human and constitutional rights abuses of Americans serving our nation and their families, would be greatly appreciated.
- Of course...should another country, such as China, that already has nuclear weapons, view a ‘First Strike’ attack on Iraq as a threat and decide it’s time for a ‘Regime Change’ in the United States...this entire issue will be academic, won’t it?
God Bless America and her Defenders!
Jan Beimdiek, Directing CEO of MAMMA
http://www.oocities.org/gold_star_mother
538 Appletree Lane
Moorhead, MN 5660-3217
(218) 233-6695...please, feel free to contact me with any questions at any time.
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Example Letter 2:
SUBJECT: Feres Doctrine
October 25, 2002
To The Honorable U.S. Senator Specter:
I am sure you have heard a great many impassioned pleas as to why the Feres Doctrine
should be eliminated or minimized. Let me state for the record - that I do not personally
care one way or the other what Congress does about the Feres Doctrine. Because I don't
seek validation or permission through the Feres Doctrine or my government for what I
have witnessed or experienced in my military career.
If I may, let me share with you my reasons:
First, as an American citizen, I chose to consciously serve my nation, to "deter war and to
preserve all of humanities God given rights." As an officer I accepted fully the responsibility of my professional decisions with each step and promotion keeping in mind my oath to my God, my Constitution and my nation. As a commander and leader I took full accountability for my honest, truthful, fair and yes, respect of my people's knowledge, desire and loyalty to carry out each mission successfully and to bring them back safely. I am grateful to the many civilians and military men and women who taught me through their authentic personal honorable and integrity what a great nation looks like from the bottom up.
However, as you are well aware of through the recent scandals of Enron, Worldcom, and yes, even the Catholic Church not all institutions can maintain authentic integrity. Any institution when given unlimited and unchecked power can succumb to their own internal codes of conduct, despite what the moral and spiritual laws of their citizens' dictate. President Bush and the Congress affirmed the citizens desires to booster American's spiritual as well as financial and consumer faith by addressing these very dark issues with the Pope, national spiritual leaders and by the immediate changes involving CEOs, audits, etc. to corporate America. The Justice Department in this same vein has gone back 10 to 19 years in the statutes of limitations to hold accountable those priests who have dishonored their profession and shattered the lives of those they selfishly harmed. In at least 5 States the Justice Department has used the Reicco Statutes against the Church showing racketeering and corruption. With authentic integrity we have begun to do what is right, for all people and to make those responsible truly accountable.
If the leaders of my nation, and the agencies of this country can hold and have held all these entities to include the Catholic Church to both a higher moral and spiritual law, then how can we say as a nation that the US military is above our moral or spiritual laws? Is the military above God's law? The Feres Doctrine began with the right intent; however, over time it too has been allowed to mask serious issues, which violate both our moral and spiritual laws. For this doctrine to remain standing as is, it sanctions rape, torture, murders and corruption in various levels throughout the military and globally. Crimes committed against its own military men and women, military spouses, US citizens and global citizens. If this is what America desires to embrace and identify with then the Feres Doctrine will stand as it is. If however, the leaders of America wish to display authentic integrity and wisdom then all American agencies to including the U.S. Military will be held to the same level of accountability that they held me to when I was in the military and which the U.S. government and people have held Enron, Worldcom and the Catholic Church to.
The United States forefathers had the wisdom of their history and built the foundation of this nation on an understanding of the true grace, compassion and mercy that they were shown by their Creator in founding of this nation. With time and evolution they; as we have learned a great many things over time such as the importance of: children's, women's, civil, and labor rights, etc. Don't those associated to the U.S. military deserve the protections, that they have trained and fought to preserve for the US citizens or are they truly just an expendable population, slaves by any other name? America and the world as a global family have embarked on the next level of our evolution - the global moral impact of our actions and universal effects of not meeting our spiritual obligations.
In summary, it is my sincere intention to work with the US government or military to earnestly resolve these issues. However, in the last 19 years, 9 as an officer, 10 years as an advocate with over 3800 cases of military abuses, I have witnessed these crimes symptoms bandaged, ignored, tactics used to confuse the issues, talked about, tasked forced to death, money thrown at the issues as if to resolve these crimes and still no major relief has come for the victims, families or trained offenders. As the Feres Doctrine and the four other laws continue to stand (Bivens Doctrine, Intra-military Immunity, Title VII, and USC 522a), which give sanction to military based crimes, I too will continue to speak publicly as I have in the past to The U.S. Congress, Feminist Majority Conference, The Hague, Amnesty International, East-Asian Pacific Women's Conference, and the International Psychiatrist Association, etc. I will discuss openly my support for the men and women of the military, and the laws that sanction these abuses both nationally and in international policies. I will discuss in my opinion the connection to these laws, sanctions of these crimes and the ultimate impact to global destabilization and increasingly violence that is being experienced by the US civilian population by former U.S. military due to over the top aggressiveness training.
If you have any question or would like to discuss my work please contact me by email or by phone at (937) 879-9304.
Sincerely,
Dorothy H. Mackey, Executive Director of STAMP, Former US Air Force Captain and
Commander
attach: presentation on sanctioned military abuse and impact to global destabilization
On October 14, 2002, Barb Cragnotti, Legislative Coordinator, VERPA Board of Officers, sent notification of VERPA's plan to submit a formal statement to the record with respect to the Senate Judiciary Committee Hearing, held October 8, 2002. You are urged to 'follow through' on the suggestion to put in writing, how the Feres Doctrine and Sovereign Immunity has affected your family and send the statement to Senator Specter. A 'copy' of two such letters are being 'tacked' on as 'examples' and/or 'guidelines', for your review of content.
1) Letter from Jan Beimdiek, Directing CEO of MAMMA
2) Letter from Dorothy H. Mackey, Executive Director of STAMP
3) Supplemental letter exchange from Jan Beimdiek, Directing CEO of MAMMA
Thank you for any efforts you put forth on this matter.
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Veterans Equal
Rights Protection Advocacy & Publishing, Inc.
~VERPA~
"Veterans for Equal
Justice Under Law"
Inc. December 1999
P.O. Box 263 * Upper Darby, PA 19082
Incorp. State: Duluth, MN
Founder/Executive
Director: Jeffrey A. Trueman
Home Office: Upper Darby, PA
Chairman: Meho Hukarevic, Sr.
Press Officer:
Raymond Mike Clausen, Jr._MOHField Reps by State: PA, NY, OH, MA, MI, GA, TN, WI, TX, LA, OR, AR, CA, AZ, HI, NC, VA, WA
Dear VERPA Board Members, All Veterans' Organizations & Supporters:
As most of you know, the Senate was flooded by calls this past week with requests for VERPA to be heard at the Senate Judiciary Committee's October 8, 2002, hearings with regard to; "The Feres Doctrine; an Examination of this Military Exception to the Federal Tort Claims Act". We send our sincere thank you to all who made phone calls, sent faxes and e-mails to get VERPA's testimony into the record. We would like to provide this letter to brief you on what transpired at that hearing.
We are sorry our response to you has been so delayed. Since the hearing, we have inquired about getting our "statement for the record" introduced, and on October 11, 2002, Senator Specter's aide, Mr. Swanton, gave us the approval to do just that. Therefore, this letter is further intended to provide you with notification that VERPA plans to submit a formal statement to the record.
Remember, VERPA's position is that the "Feres Doctrine" for the past 52 years has allowed and continues to allow human and constitutional rights abuses of Americans serving our nation. Moreover, these abuses further effect the loved ones of service men and women and deny us equal protection and due process to protect our liberty and property interests under this judicial body of law.
We encourage everyone to put in writing, how the Feres Doctrine and Sovereign Immunity have effected your lives. Please send your written statement to Senator Specters Office, Attn: Thomas Swanton. You can fax to Thomas Swanton at (202) 228-1229 or e-mail to him @ Thomas_Swanton@specter.senate.gov. Please also e-mail a copy to me at barbcrag@aol.com . or mail a copy to VERPA P.O. Box 263, Upper Darby, PA 19082 for VERPA's records to take to future hearings, thank you.
The following explanation of the hearings is provided by the verbatim e-mail I received from "True", VERPA Founder/Executive Director, who attended the hearings in person and on behalf of VERPA. Although, True was not afforded the opportunity to testify live, he was able to achieve "face time" for lack of better words, with Senator Leahy and Senator Specter's aides.
This is what "True" observed and has to say:
"I will be very frank with this letter with respect to the Senate Judiciary Committee hearing held October 8, 2002." From my eight year involvement with the "Feres Doctrine" subject matter, my observations and the testimony provided by the Department of Justice (DOJ) and Military to preserve this law was not convincing to say the least. As a matter of fact, it was the "status quo" position, which has prevailed for 52 years.
* The hearing opened with Paul Harris, Deputy Associate Attorney General for the DOJ. Essentially, Harris on behalf of the DOJ toed the 52 year line of the DOJ and DOD asserting any reform of the Doctrine would (1), hinder good order and discipline and (2), that the VA Health Care system is the appropriate place to compensate service-connected injuries and is in his words, "on the whole, is far more generous, even-handed, and fair than compensation available to private citizens under analogous state workers' compensation schemes" and (3), promoted the long standing doctrine of judicial deference to the military, wherein, the federal courts are reluctant to "second guess military decisions." Of course, VERPA's argument has been and will always be, the failure of the judiciary to keep checks and balances on the Executive and Legislative branches who control the military, does and will continue to lead to abuse. (Re: U.S. v. Johnson, 1987, Dissenting opinion of Justice Scalia).
Let's break it down:
DISRUPTON OF GOOD ORDER AND DISCIPLINE
Naturally, it brings to mind, for who's good order and who's discipline is the law truly benefiting? It is without any question in my mind that those in government fear being held accountable for intentional and deliberate abuses of American citizens human and constitutional rights as we know all to well go unchecked under the Doctrine.
VERPA's position with overturning the Feres Doctrine is based on the essential element that we DO NOT want to disrupt good order and discipline hence the "negligence" factor is not a factor. We believe, negligence is "dereliction of duty" and the Uniform Code of Military Justice (UCMJ) is the proper forum to Address negligence issues.
This hearing focused mainly on "negligence" however, we know darn well it goes much further. Specifically, intentional and deliberate wrongful acts and omissions arising from abuses or gross negligence being covered up within the military's command, legal and medical processes and instead of existing laws such as the Inspectors General Act and Military Whistleblower Protection Act being enforced by the DOJ, the DOJ is spending countless amounts of taxpayer's dollars to defend federal employees who should be prosecuted rather than be defended.
My take: The DOJ argument was very weak and after the hearing I let Mr. Harris know this professionally speaking. I essentially asked him, how he or anyone in the DOJ can sleep at night knowing, what the Feres Doctrine has done to a half century of Americans and loved ones serving this nation. Five DOJ officials just looked puzzled and had no comment. They know, we know!
* The Pentagon's position was voiced by Mr. Chris Weaver, Rear Admiral and Commandant United States Navy.
Mr. Weaver's arguments to keep the Feres Doctrine as is were truly WEAK for a lack of a better word. Mr. Weaver, when questioned to provide a substantive position as to how overturning the doctrine would hinder military operations, seemed lost and confused. I can only imagine how pathetic these so called public servants would look under oath in an American courtroom if veterans, such as civilians in "like circumstances" who are afforded redress, would hold up. Again, accountability is what the military does not want to have to answer to.
After Mr. Weaver's testimony, four or five of his military aides left the room. I approached the Admiral, introduced myself and gave him the book and the letter of request to attend. I essentially, stated, Admiral, you know this law is a bad law. Left it at that. (By the way, left about 20 books with our letter of request to speak, along with our web site etc., on the Press table and they all were gone by the end of the hearing). The book, as most of you know, clearly asserts the doctrine allows corruption in the command, legal and medical processes in the DOD. The information was being read during the hearing by several spectators to include reporters.
The above is a brief about those in our government and why they believe it should remain the law of the land. Not convincing and in my gut feeling, the Feres Doctrine's time has come.
What essentially came out of this hearing, the Military has enjoyed the fact that their wrongful acts, omissions and "free ride" with regard to no "supervision" or "accountability" due to the federal judiciary's failure to intervene under Feres, benefits those in power, while leaving those who carry out the orders to suffer great loss or denial of rights and benefits arising from the wrongful, malicious, or grossly incompetent acts of federal employees in the DOD.
FAVORABLE TESTIMONY TO OVERTURN/REFORM
On our side, was Eugene Fidell, attorney in DC, Daniel Joseph, attorney for the O'Neill's, and Richard A. Spague, Esquire. All three of these gentlemen provided good testimony about why the Feres Doctrine and its "judge made law" status essentially have denied American citizens and our loved ones equal justice under the FTCA. They focused on "negligence," although, in my opinion with regard to Kerry's O'Neill's case, "gross-negligence" should have been argued simply because, and I did not know this before, Kerry's murderer, ONLY because he was a NAVAL OFFICER who was required to undergo a mental health evaluation prior to submarine duty, was allowed qualification without this process being undertaken. I might be wrong on this, but gross negligence and dereliction of duty (a crime under the UCMJ) comes into play here.
It is simply a sad situation what happened to Kerry and the O'Neill's because the Navy did not follow proper procedures and read all the "red flag" signs that this young sailor and others were in danger. I further see it as a case of "gross medical malpractice" and even if the Feres Doctrine bars financial recovery, criminal charges should have been brought.
Kerry's mother and her testimony were very moving to say the least. I know now, my soul is so deeply involved because of year's prior I would myself have been in tears. The tears are gone and I am very hardened as you all know, from dealing and talking with loved ones whose loved ones were murdered, raped, retaliated against, subjected to medical and legal malpractice etc.
All for which VERPA advocates that the Feres Doctrine allows HUMAN AND CONSTITUTIONAL RIGHTS ABUSES to go unchecked in the DOD. Moreover, the long arm of the Feres Doctrine reaches far into the VA Health Care system wherein, service-connected injury, albeit, physical, mental or arising from tort, if not addressed prior to discharge in the Medical Examination Board (MEB) and Physical Examination Board (PEB) processes, WILL NOT be addressed by the VHA.
WHERE WE MUST NOW PROCEED
After experiencing eight years of "lip service" and knowing what I know, I would have spoken proudly on behalf of VERPA. I would have testified that "negligence" is not at issue and VERPA's intended reforms will in no way, disrupt a commander's ability to give orders in time of war or national emergency. However, if those orders are illegal and result in unwarranted injury or death, those issues would and should be addressed under the UCMJ.
Although, VERPA did not have the opportunity to testify, the mere fact the hearings were held is a HUGE stepping-stone for our mission to overturn the Feres Doctrine. Of major importance is the fact that Congress knows we are on the march and the word about this unjust law is making its way across our great Nation! Specifically, Senator Specter's comment, which told me, the pressure is on them, and I paraphrase; "We understand we are being told to fix this law ... however, we cannot even pass a budget ..."
My gut instinct and I hope I am wrong, is that the above comment tells me the Feres Doctrine issue is NO LONGER an issue with the Congress for many years to come. I hope I am wrong, but, I don't think so and it is therefore up to us, ALL Veterans organizations to pull together on this subject matter.
In all, I did get some time in with the Senators aides. I simply said; how in the world could a hearing on the Feres Doctrine go down when the very organization that was formed, "VERPA" to address this unjust law was not invited to attend?
We all know, this hearing was scheduled without an invitation being offered before hand and one point I did make to Senator Specter's aide was this; "You cannot tell me, the Congress does not know who "VERPA" is, why we formed and what we are seeking. Because, every agency in the government, DOJ, DOD, VA, Senate and Congress has reviewed our site." NO COMMENT!
CONCLUSION
In conclusion, we urge all independent Veterans' organizations and individuals to provide comment or feedback. Moreover, we urge everyone STAY ON the Senate Judiciary Committee and compel them to hold "substantive" hearings without further delay.
It appears, if the Senate Judiciary allows this matter to simply ride into time, VERPA will without hesitation focus our attention and begin drafting a petition to the World Court in the Hague.
We believe; the most important committee in all of this is the Senate Judiciary. Having held this hearing, we will await a response to our "Statement for the Record" upon acceptance of any inputs we receive in response to this letter.
In closing, we will seek "declaratory judgment" at the World Court based on the fact that the United States Congress and its majority in both houses have condoned, aided and abetted "human and constitutional" rights abuses for 52 years under the Feres Doctrine.
Moreover, we believe, the World Court has jurisdiction due to the fact that the Feres Doctrine allows intentional and deliberate violations of the Nuremberg Code.
Our system of "checks and balances" wherein the Judiciary has given the Executive and Legislation branches free reign to destroy the lives of Americans serving this nation without being held accountable is a serious public trust matter that can no longer be delayed in correcting.
The "Feres Doctrine" and its grant of "sovereign immunity" is in direct violation of the United States Constitution wherein, usurpation of our Constitution by federal employees within the DOD resulting in injury or injustice cannot continue.
We must redress the wrongs of the past to institute true reforms for our future generations who might be called upon to defend our nation.
The time is now! If the Senate Judiciary Committee is the one who can right the Feres Doctrine and does not want to take our learned and experienced advice on how to fix this evil and unconstitutional law, while maintaining the Military Commander's ability to fight wars, no amount of phone calls, letters etc., will do any good.
These people know, we know, their "FAILURE TO ACT" gives us jurisdiction under Title 42, USC, the "Public Health and Welfare" to sue every one of them for failure to prevent the unspeakable abuses the Feres Doctrine has brought upon our nation's Veterans for 52 years!!
We need not only National attention but also World Wide attention if our submission to the Senate Judiciary Committee fails to achieve positive discussions.
Thank you all for getting us at least in the door of Congress to let them know, we are here, we are not going anywhere and we will prevail! We only seek "EQUAL JUSTICE UNDER LAW" to redress the wrongful acts, omissions that result in personal injury or death as all other Americans enjoy.
In closing, we believe, instead of the Justice Department spending hundreds of millions to defend cases under this law, conservatively speaking, they should be using our tax dollars to prosecute those who abuse their powers or carrying out orders or make decisions that in like circumstances, if we were civilians, we would be granted access to the Federal Courts under the FTCA.
We ask for no money. We ask that the laws on the books be strengthened to prevent fraud, waste, and abuse issues that in the long run, deny us our right to protect our liberty and property interests under the U.S. Constitution!
Very truly yours,
Barbara Cragnotti
VERPA Legislative Coordinator
On behalf of VERPA Board and Officers
*******************************************************************
Example Letter 1:
To : Senator Specter
Attn: Thomas Swanton
Re: Feres Doctrine Senate Judiciary Hearing, October 8, 2002
October 16, 2002
Dear Senator Specter,
- My name is Jan Beimdiek and I am the Directing CEO of MAMMA (M+others Aligned
for Military & Murder Accountability)
- I hold this position because my son, HM3 Scott Michael Beimdiek was Viciously and
Violently MURDERED while serving in the U.S. Military!
- His death is 'officially' listed as an 'accident', but as with an ever growing number of
other military deaths, the evidence and circumstances surrounding his death...cast doubt
on that ruling from the start.
- Families, like ours, are depicted by the military as distraught and in denial.
- 'Officials', such as yourself, are assured that EVERYTHING was taken care of, when in
FACT...NOTHING was done to investigate our case and evidence, submitted by the
family was just stuck in a drawer by the DoD and their actions, or lack thereof, smacks of
malfeasance.
[In support of that ‘claim’, consider:
1) On March 2, 1998, a 51 page packet of materials, presenting DoD with a ‘murder suspect’, was sent from (then) Senator Rod Grams’ office by Anne Crowther, his Legislative Assistant and our ‘case’ worker, to the Director, Congressional Liaison Office, DoDIG.
2) On March 16, 1998, Chris Erikstrup, Senator Grams’ Chief of staff, got a voice mail message from the head of the congressional office, Mr. Crane, complaining that they had closed this case in 1996 and they keep getting letters from the Senator!
3) On March 26, 1998, five (5) DoD Representatives ‘briefed’ Ms. Erikstrup, conceding that there had NEVER BEEN an investigation into the death of HM3 Scott Michael Beimdiek and asserting that it didn’t matter as they’d determined that “the results would have been the same, anyway”!
4) Not only is that ‘ludicrous’, in and of itself, but that ‘assertion’ makes it clear that the DoD had LIED to Senators and everyone else for over five (5) years, while maintaining that ‘there had been a THOROUGH investigation!
5) From that point on, the ‘door’ has been effectively CLOSED as every attempt to seek redress, even through Minnesota’s ‘new’ Senator, Mark Dayton, is met with the declaration that DoD assures them that there has already been an ‘inquiry’ on our behalf, which constitutes a return to DoD’s ‘original’ LIE!
6) WORSE...the DoD’s claim that there’s been an ‘inquiry’ has and continues to ‘close’ the ‘door’ for any and all families seeking redress for ‘questionable military death rulings’ for men and women, the ‘children’ of families, like ours...willing to ‘lay down their lives’ for ‘Truth, Justice and the American way of life’, who now lay in graves with their ‘dignity’ assaulted and their ‘names’ sullied, denied even the ‘respect’ of having the TRUTH told about how they died!
7) The ‘inquiry’ that DoD presents as the ‘alpha and omega’ for these ‘situations’ took place on September 12, 1996 and in and of itself gives shameful testimony to ‘abuse’ of usurped powers, garnered from the ‘Oedipus Rex Complex’ that emanates from the Feres Doctrine...please note:
a) Senator Strom Thurmond had agreed to ‘chair’ a full ‘Armed Services Committee’ Hearing, in April of 1996, but DoD manipulation, using the ‘ruse’ of duplicity, caused that ‘Hearing’ to be substituted by a ‘Subcommittee on Personnel’ Hearing, ‘chaired’ by Senator Kempthorne.
b) Many families, including ours, were effectively ‘frozen out’ of the ‘Hearing’ because DoD ‘reports of review’, due to us in 1994, weren’t issued until after the ‘Hearing’. (Ours was received in January of 1997.)
c) DoD misrepresented the nature of the ‘Hearing’...labeling it a “Suicide Prevention Workshop” and thus undermining military families’ efforts to interact with military personnel, who would/could aid in redress of a situations they seem unaware exists, namely ‘questionable’ death rulings of military personnel. (For example, General C. A. Mutter, our son’s Marine side Commanding Officer, at the time of his death, apparently unaware of our ‘plight’...merely submitted written testimony for said ‘Workshop’...copy of which is available for ‘review’.)
d) There have NOT been any additional ‘Hearings’...even though the number of ‘questionable’ rulings continues to grow, every year!]
- While no one would expect a 9-11 family to 'Build the case' for the murder of their loved one...yet, thanks to the Feres Doctrine and Sovereign Immunity...THAT is EXACTLY what is expected of these military families!
- Though it has been many (too many) years, the words of Dr. Charles J. Stahl, Director of AFIP (Armed Forces Institute of Pathology) still burn in my mind and stab at my heart...and I quote "You will get reports and pictures and you can take them anywhere and to anyone you want, but it won't get you anything because I am the court of last resort and you have nowhere else to go!"
- Being a trusting 'citizen' of a country founded on TRUTH and JUSTICE...for ALL...I refuse to believe that such is the case, but it's been ever so incomprehensible to come to realize that for members of the military and their families...his words rule!
- The military has a Suicide/Homicide problem...a problem I believe the Military helped 'create' and continues to perpetrate.
- Penny Flitcraft, mother of Andrea Floyd, who was 'murdered' at Fort Bragg, this past July, got it right when she said, "...his training was such that if you can't control it, you kill it".
- The efforts to sidestep consequences from culpability revolve around the ability to deny that any problem exists (as would be the case, if Accounting firms were allowed to audit their own books) and ‘labeling’ ALL violent military deaths as 'self inflicted'...which, unfortunately sends out the message: "You can get away with murder in the military" and criminals are doing just that...murdering to 'cover up' even petty crimes.
- Members of our military are in a situation of RECKLESS ENDANGERMENT and the problem, compounded by the fact that every year, murderers, who have gotten away with murder, are discharged into an 'unsuspecting' society, needs to be redressed...not ignored.
- The Feres Doctrine is not only ‘criminal’...in and of itself...it also allows criminal acts to be covered up and you are urged to take all steps necessary to resolve this deplorable and unjust denial of equal protection and due process to protect our liberty and property interests under this judicial body of law.
- In view of the fact that a declaration of ‘WAR’ would basically erase any factor of ‘accountability’, pertaining to the military and the DoD, your prompt attention, to the contention that the ‘Feres Doctrine’ continues to allow human and constitutional rights abuses of Americans serving our nation and their families, would be greatly appreciated.
- Of course...should another country, such as China, that already has nuclear weapons, view a ‘First Strike’ attack on Iraq as a threat and decide it’s time for a ‘Regime Change’ in the United States...this entire issue will be academic, won’t it?
God Bless America and her Defenders!
Jan Beimdiek, Directing CEO of MAMMA
http://www.oocities.org/gold_star_mother
538 Appletree Lane
Moorhead, MN 5660-3217
(218) 233-6695...please, feel free to contact me with any questions at any time.
*************************************************************
Example Letter 2:
SUBJECT: Feres Doctrine
October 25, 2002
To The Honorable U.S. Senator Specter:
I am sure you have heard a great many impassioned pleas as to why the Feres Doctrine
should be eliminated or minimized. Let me state for the record - that I do not personally
care one way or the other what Congress does about the Feres Doctrine. Because I don't
seek validation or permission through the Feres Doctrine or my government for what I
have witnessed or experienced in my military career.
If I may, let me share with you my reasons:
First, as an American citizen, I chose to consciously serve my nation, to "deter war and to
preserve all of humanities God given rights." As an officer I accepted fully the responsibility of my professional decisions with each step and promotion keeping in mind my oath to my God, my Constitution and my nation. As a commander and leader I took full accountability for my honest, truthful, fair and yes, respect of my people's knowledge, desire and loyalty to carry out each mission successfully and to bring them back safely. I am grateful to the many civilians and military men and women who taught me through their authentic personal honorable and integrity what a great nation looks like from the bottom up.
However, as you are well aware of through the recent scandals of Enron, Worldcom, and yes, even the Catholic Church not all institutions can maintain authentic integrity. Any institution when given unlimited and unchecked power can succumb to their own internal codes of conduct, despite what the moral and spiritual laws of their citizens' dictate. President Bush and the Congress affirmed the citizens desires to booster American's spiritual as well as financial and consumer faith by addressing these very dark issues with the Pope, national spiritual leaders and by the immediate changes involving CEOs, audits, etc. to corporate America. The Justice Department in this same vein has gone back 10 to 19 years in the statutes of limitations to hold accountable those priests who have dishonored their profession and shattered the lives of those they selfishly harmed. In at least 5 States the Justice Department has used the Reicco Statutes against the Church showing racketeering and corruption. With authentic integrity we have begun to do what is right, for all people and to make those responsible truly accountable.
If the leaders of my nation, and the agencies of this country can hold and have held all these entities to include the Catholic Church to both a higher moral and spiritual law, then how can we say as a nation that the US military is above our moral or spiritual laws? Is the military above God's law? The Feres Doctrine began with the right intent; however, over time it too has been allowed to mask serious issues, which violate both our moral and spiritual laws. For this doctrine to remain standing as is, it sanctions rape, torture, murders and corruption in various levels throughout the military and globally. Crimes committed against its own military men and women, military spouses, US citizens and global citizens. If this is what America desires to embrace and identify with then the Feres Doctrine will stand as it is. If however, the leaders of America wish to display authentic integrity and wisdom then all American agencies to including the U.S. Military will be held to the same level of accountability that they held me to when I was in the military and which the U.S. government and people have held Enron, Worldcom and the Catholic Church to.
The United States forefathers had the wisdom of their history and built the foundation of this nation on an understanding of the true grace, compassion and mercy that they were shown by their Creator in founding of this nation. With time and evolution they; as we have learned a great many things over time such as the importance of: children's, women's, civil, and labor rights, etc. Don't those associated to the U.S. military deserve the protections, that they have trained and fought to preserve for the US citizens or are they truly just an expendable population, slaves by any other name? America and the world as a global family have embarked on the next level of our evolution - the global moral impact of our actions and universal effects of not meeting our spiritual obligations.
In summary, it is my sincere intention to work with the US government or military to earnestly resolve these issues. However, in the last 19 years, 9 as an officer, 10 years as an advocate with over 3800 cases of military abuses, I have witnessed these crimes symptoms bandaged, ignored, tactics used to confuse the issues, talked about, tasked forced to death, money thrown at the issues as if to resolve these crimes and still no major relief has come for the victims, families or trained offenders. As the Feres Doctrine and the four other laws continue to stand (Bivens Doctrine, Intra-military Immunity, Title VII, and USC 522a), which give sanction to military based crimes, I too will continue to speak publicly as I have in the past to The U.S. Congress, Feminist Majority Conference, The Hague, Amnesty International, East-Asian Pacific Women's Conference, and the International Psychiatrist Association, etc. I will discuss openly my support for the men and women of the military, and the laws that sanction these abuses both nationally and in international policies. I will discuss in my opinion the connection to these laws, sanctions of these crimes and the ultimate impact to global destabilization and increasingly violence that is being experienced by the US civilian population by former U.S. military due to over the top aggressiveness training.
If you have any question or would like to discuss my work please contact me by email or by phone at (937) 879-9304.
Sincerely,
Dorothy H. Mackey, Executive Director of STAMP, Former US Air Force Captain and
Commander
attach: presentation on sanctioned military abuse and impact to global destabilization
(See Total Package)
****************************************************************
Example Letter 3 (e-mail exchange):
Subject: Re: Letter of Oct. 16, 2002
Author: Jan M Beimdiek <jbeimdiek@juno.com>
Date: 11/8/2002 11:13 AM
Dear Mr. Swanton,
On Oct. 16, 2002, a letter to Senator Specter was sent to your attention. As there hasn't been any acknowledgement of the letter, it's possible that it's 'Lost in Cyber Space'. Therefore, the letter is being sent (see below) again for consideration of content and an urging for ACTION on behalf of families seeking Justice! It would be greatly appreciated if you would acknowledge it's receipt. Thank you for your attention to this matter.
Most Sincerely,
Jan Beimdiek, Directing CEO of MAMMA
*******************************************
(Letter of Oct. 16, 2002)
____________________Reply Separator____________________
On Mon, 11 Nov 2002 13:14:29 -0500 Thomas_Swanton@specter.senate.gov (Thomas
Swanton) writes:
I received your letter and will review it as part of our work on the "Feres" doctrine. I apologize that you did not receive a quicker response, but I did not receive your earlier message. Thank you for your message. Please contact me if you wish to submit any further information for our consideration.
Respectfully,
Tom Swanton
____________________Reply Separator____________________
Dear Mr. Swanton,
An apology for a 'slow' response for a letter that wasn't received, though appreciated, really isn't necessary and I thank you for such a display of 'respect'. Isn't it sad that so little 'respect' is shown any more? You do realize that its absence is the bases for the Feres Doctrine abuse? Rodney Dangerfield says: "I don't get no 'respect'!" When he says it...it's funny. When Veterans or family of deceased Veterans say it..it's NOT funny!
You said: "Please contact me if you wish to submit any further information for our consideration." Please, consider that ‘Respect’ is suppose to be a Two Way Street. Yet,
more and more, it's getting to be a ONE WAY STREET. The military and DoD are primary examples. The hierarchy that has ensconced itself in these 'Honorable' establishments is going unchecked in being held accountable for intentional and deliberate abuses of American citizens’ human and constitutional rights. Go through the 'check list' of offenses that President Bush claims MANDATES a regime change and EVERY ONE runs parallel with U.S. Military violations...INCLUDING subjecting our own citizens to biochemical agents (service members are little more than guinea pigs) and more and more 'secret' tests in civilian areas (the latest noting Hawaii) that are coming to light all the time!
The Military and the DoD have already usurped enough power to allow them to police themselves. They’ve even been actively covering up murders for years! The number of military men and women being denied even the basic RESPECT of having the TRUTH told about how they died is growing. Murderers, who get away with murder ARE a threat to society. The name of Scott Michael Beimdiek’s murderer can be found in a ‘drawer’ at DoD and if he should start on a rampage like the DC Sniper??? If such a thought gives you pause...urge Senator Specter to make every effort to reign in the military and STOP their ability to cover up murders! Though Scott’s family members aren’t Senator Specter’s constituents, a couple of MAMMA’s member families ARE!
I apologize for any ‘lack’ of Diplomacy in this letter. Diplomacy is an ‘Art’ and I’ve never been good with Art. What I am good at...is telling the TRUTH, even when it Hurts!
Senator Specter was right in questioning the ‘timing’ and possible ‘ulterior motives’ when President Clinton attacked Afghanistan so why isn’t there more questioning of a WAR (with questionable ‘cause’ and ‘effect’...that may be in violation of America’s core principles of ‘Truth and Justice’) in Iraq? The 'White House' is quickly being transformed into the 'Glass House' and my mind keeps screaming...What is wrong with you people???
'Key' words and phrases like ‘preemptive’ and ‘covert action’ make me CRINGE! I shuddered when the media made 'note' of how, depending on storage...SCUDS (you remember...the delivery system the US military GAVE Saddam when WE supported HIS efforts to fight Iran??) could be readied for use in half a day! As unconscionable as the scenario that they would be used against Israel is...it's been 11 years, who knows what their 'Range' is today? If they go as far as France...or even fall short of there...IF they are 'Dirty' warheads and explode in the atmosphere...would a 'CLOUD' of germs OR radiation just stop at 'Country Border Lines' drawn on a MAP??? NOT likely! Somebody's NOT THINKING! But...what else is new when GREED and other ‘Ulterior Motives’ (like...'Policing the World'???) cloud men's vision???
An additional thought to consider: IF??? Oil is a motive (as many suspect)...has everyone forgotten what Saddam did to the Oil Fields in Kuwait as he pulled out of there??? His 'History' is like that of a 'Sadistic' jilted lover, who figures if HE can't have the 'girl'...NOBODY will have her! What would prevent him from taking that 'Nuclear facility', near Baghdad (the one that allied warplanes attacked on Jan. 7, 1993) and USING it (and how many others the country may have??) to cause a 'Chernobyl' incident that would render the Oil Fields useless for how many YEARS??? If such a 'thought' weren't so sad and scary...it'd almost be FUNNY! (not!) So...if I can think of something like that...WHY aren't some of our leaders THINKING at all???
On Nov. 28, 2001, The New York Times carried Senator Specter’s column: Questioning The President’s Authority. PLEASE! Urge the Senator to continue questioning! President Bush is calling the 250-member Iraqi Parliament a ‘Rubber Stamp’. The question is: Who needs a ‘Rubber Stamp’ when the ‘Presidential Seal’ will do the trick?
As you know...unethical people rely on ethical people to be ethical and ‘trust’ that they (the unethical ones) are being honest and ethical as well. It’s taken 60 years for facts on the Treasonous acts surrounding Pearl Harbor to come to light. There’s a consistent ‘pattern’ for the decades required to ‘expose’ any of the military’s atrocities and human rights violations. A ‘Declaration of WAR, at this time, would be like giving the military the right to declare 'Bankruptcy' to get a 'clean slate' or giving them a 'get out of jail free' card!
Now, the PUSH is on for passage of the ‘Homeland Security Act’. Not only does that monstrosity ‘shore up’ the Feres Doctrine and allow for a continuation of blatant abuse of our constitutional rights, it also attacks the Posse Comatatas Act. THINK! That could reduce OUR (mine and least you forget...your) ‘Free’ society into little more than a ‘military’ Police State! What a legacy for our children!
Please, share these concerns with Senator Specter and urge him to make it a priority to end military 'abuses' and restore respect to ALL Veterans...including the deceased! Thank you for any time and/or attention afforded these concerns. If you have any comments or questions, don’t hesitate to contact me. Hopefully...this letter will get to you in a ‘timely’ fashion and I’ll look forward to your acknowledgment of it’s receipt.
Most Sincerely,
Jan Beimdiek, Directing CEO of MAMMA
Example Letter 3 (e-mail exchange):
Subject: Re: Letter of Oct. 16, 2002
Author: Jan M Beimdiek <jbeimdiek@juno.com>
Date: 11/8/2002 11:13 AM
Dear Mr. Swanton,
On Oct. 16, 2002, a letter to Senator Specter was sent to your attention. As there hasn't been any acknowledgement of the letter, it's possible that it's 'Lost in Cyber Space'. Therefore, the letter is being sent (see below) again for consideration of content and an urging for ACTION on behalf of families seeking Justice! It would be greatly appreciated if you would acknowledge it's receipt. Thank you for your attention to this matter.
Most Sincerely,
Jan Beimdiek, Directing CEO of MAMMA
*******************************************
(Letter of Oct. 16, 2002)
____________________Reply Separator____________________
On Mon, 11 Nov 2002 13:14:29 -0500 Thomas_Swanton@specter.senate.gov (Thomas
Swanton) writes:
I received your letter and will review it as part of our work on the "Feres" doctrine. I apologize that you did not receive a quicker response, but I did not receive your earlier message. Thank you for your message. Please contact me if you wish to submit any further information for our consideration.
Respectfully,
Tom Swanton
____________________Reply Separator____________________
Dear Mr. Swanton,
An apology for a 'slow' response for a letter that wasn't received, though appreciated, really isn't necessary and I thank you for such a display of 'respect'. Isn't it sad that so little 'respect' is shown any more? You do realize that its absence is the bases for the Feres Doctrine abuse? Rodney Dangerfield says: "I don't get no 'respect'!" When he says it...it's funny. When Veterans or family of deceased Veterans say it..it's NOT funny!
You said: "Please contact me if you wish to submit any further information for our consideration." Please, consider that ‘Respect’ is suppose to be a Two Way Street. Yet,
more and more, it's getting to be a ONE WAY STREET. The military and DoD are primary examples. The hierarchy that has ensconced itself in these 'Honorable' establishments is going unchecked in being held accountable for intentional and deliberate abuses of American citizens’ human and constitutional rights. Go through the 'check list' of offenses that President Bush claims MANDATES a regime change and EVERY ONE runs parallel with U.S. Military violations...INCLUDING subjecting our own citizens to biochemical agents (service members are little more than guinea pigs) and more and more 'secret' tests in civilian areas (the latest noting Hawaii) that are coming to light all the time!
The Military and the DoD have already usurped enough power to allow them to police themselves. They’ve even been actively covering up murders for years! The number of military men and women being denied even the basic RESPECT of having the TRUTH told about how they died is growing. Murderers, who get away with murder ARE a threat to society. The name of Scott Michael Beimdiek’s murderer can be found in a ‘drawer’ at DoD and if he should start on a rampage like the DC Sniper??? If such a thought gives you pause...urge Senator Specter to make every effort to reign in the military and STOP their ability to cover up murders! Though Scott’s family members aren’t Senator Specter’s constituents, a couple of MAMMA’s member families ARE!
I apologize for any ‘lack’ of Diplomacy in this letter. Diplomacy is an ‘Art’ and I’ve never been good with Art. What I am good at...is telling the TRUTH, even when it Hurts!
Senator Specter was right in questioning the ‘timing’ and possible ‘ulterior motives’ when President Clinton attacked Afghanistan so why isn’t there more questioning of a WAR (with questionable ‘cause’ and ‘effect’...that may be in violation of America’s core principles of ‘Truth and Justice’) in Iraq? The 'White House' is quickly being transformed into the 'Glass House' and my mind keeps screaming...What is wrong with you people???
'Key' words and phrases like ‘preemptive’ and ‘covert action’ make me CRINGE! I shuddered when the media made 'note' of how, depending on storage...SCUDS (you remember...the delivery system the US military GAVE Saddam when WE supported HIS efforts to fight Iran??) could be readied for use in half a day! As unconscionable as the scenario that they would be used against Israel is...it's been 11 years, who knows what their 'Range' is today? If they go as far as France...or even fall short of there...IF they are 'Dirty' warheads and explode in the atmosphere...would a 'CLOUD' of germs OR radiation just stop at 'Country Border Lines' drawn on a MAP??? NOT likely! Somebody's NOT THINKING! But...what else is new when GREED and other ‘Ulterior Motives’ (like...'Policing the World'???) cloud men's vision???
An additional thought to consider: IF??? Oil is a motive (as many suspect)...has everyone forgotten what Saddam did to the Oil Fields in Kuwait as he pulled out of there??? His 'History' is like that of a 'Sadistic' jilted lover, who figures if HE can't have the 'girl'...NOBODY will have her! What would prevent him from taking that 'Nuclear facility', near Baghdad (the one that allied warplanes attacked on Jan. 7, 1993) and USING it (and how many others the country may have??) to cause a 'Chernobyl' incident that would render the Oil Fields useless for how many YEARS??? If such a 'thought' weren't so sad and scary...it'd almost be FUNNY! (not!) So...if I can think of something like that...WHY aren't some of our leaders THINKING at all???
On Nov. 28, 2001, The New York Times carried Senator Specter’s column: Questioning The President’s Authority. PLEASE! Urge the Senator to continue questioning! President Bush is calling the 250-member Iraqi Parliament a ‘Rubber Stamp’. The question is: Who needs a ‘Rubber Stamp’ when the ‘Presidential Seal’ will do the trick?
As you know...unethical people rely on ethical people to be ethical and ‘trust’ that they (the unethical ones) are being honest and ethical as well. It’s taken 60 years for facts on the Treasonous acts surrounding Pearl Harbor to come to light. There’s a consistent ‘pattern’ for the decades required to ‘expose’ any of the military’s atrocities and human rights violations. A ‘Declaration of WAR, at this time, would be like giving the military the right to declare 'Bankruptcy' to get a 'clean slate' or giving them a 'get out of jail free' card!
Now, the PUSH is on for passage of the ‘Homeland Security Act’. Not only does that monstrosity ‘shore up’ the Feres Doctrine and allow for a continuation of blatant abuse of our constitutional rights, it also attacks the Posse Comatatas Act. THINK! That could reduce OUR (mine and least you forget...your) ‘Free’ society into little more than a ‘military’ Police State! What a legacy for our children!
Please, share these concerns with Senator Specter and urge him to make it a priority to end military 'abuses' and restore respect to ALL Veterans...including the deceased! Thank you for any time and/or attention afforded these concerns. If you have any comments or questions, don’t hesitate to contact me. Hopefully...this letter will get to you in a ‘timely’ fashion and I’ll look forward to your acknowledgment of it’s receipt.
Most Sincerely,
Jan Beimdiek, Directing CEO of MAMMA
Veterans Equal Rights Protection Advocacy & Publishing,
Inc.
~VERPA~
"Veterans for Equal Justice Under Law"
Inc.
December 1999
P.O. Box 2924
Baton Rouge, LA 70821-2924
Web site: www.verpa.org
TVerpa@aol.com
| Incorp.
State: Duluth, MN Home Office: Baton Rouge, LA Field Reps by State: PA, NY, OH, MA, MI, GA, T,WI,TX,LA, OR, AR, CA, AZ, HI, NC, VA, OK |
Founder/Executive
Director: Jeffrey A. Trueman President VERPA: Dale Van Luven President VERPAP: Bridget A. Turnage Press Officer: Raymond Mike Clausen |
Re: Bill HR 2684 Feres Doctrine and The Military Draft is Coming
Dear Oregon Citizens:
HELP STOP MILITARY ABUSES that go on in our Military today. DO NOT LET THIS HAPPEN TO YOU OR YOUR LOVED ONES: My son entered the US Navy Nuclear Power Program a healthy 18 year old in 1998. Military Medical was allowed to mistreat, neglect and abuse my son. At age 22 he is retired from the Navy. He lost part of one lung, has endocarditis, will require open-heart surgery, had 2 brain surgeries, now suffers memory loss, depression, and is epileptic. WE WERE UNABLE TO STOP THESE ABUSES because MILITARY MEDICAL HIDES BEHIND THE FERES DOCTRINE. Please see VERPA website for many similar cases.
Also, a Bill to revive the military draft was introduced to the House Armed Forces Services Committee entitled; " Universal Military Training and Service Act of 2001". The time is now to get involved and demand amendments to the pending military draft legislation to "ensure" our young men and women answering the call of duty in the war on terror, will not have to fight the second war against the VA, as present day Veterans are fighting in the VA to achieve rightful benefits arising from service-connected disabilities.
Congressman Barney Frank (D MA) introduced Bill HR-2684, Feres Doctrine to Congress to repeal or amend the Feres Doctrine. You can help get the necessary legislation to Congress by calling or writing to your Oregon State Representatives and asking them to Co-Sponsor Bill HR2684 and ask them to allow hearings for those who have been effected by the Feres Doctrine. Please see the next page for the names and addresses of your State Representative, thank you.
Sincerely,
Barb
Cragnotti
Board Member and Oregon State Field Representative
(541) 773-8169
Co-Sponsor Bill HR2684 and ask them to request hearings!
The most effective way to contact Congressional Members is through their Washington DC Offices.ÊYou canÊlook yours up @ www.Congress.org
Congressman Walden is now a Co-Sponsor of HR2684, Please ask him for Hearings!!!Ê
Thank you for your time and any assistance you can offer. Please feel free to make copies and pass them along or send it with your comments to your Congressional Representatives.
