SUMMARY.

In 2007 still misplaced are 63 years of records for the U.S. Senate’s stated Department of Defense (DOD) conducted on “hundreds of thousands” “experiments that were designed to harm”. [6] They were conducted in direct disobedience of the Secretary of the DOD’s order! [2] Missing are:

A. 1. The previous experiments lessons learned Research and Development (R&D) documents. 2. Each subsequently conducted “designed to harm” project’s Scope of Work that defines what the experiment is “designed” to accomplish. With its then identified: 3. How, 4. Where, 5. When and 6. Who on Whom.

B. The conducted RESEARCHED “to harm”: 1. CAUSE and 2. EFFECTS that are closely followed and also recorded.

C. The from the in-the-record evidence DEVELOPED: 1. Safe Production, 2. Use, 3. Protection and 4. Treatment.

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.”" says it all!! Emphasis added. U.S. Supreme Court STANLEY military experiments case, Footnote 4 page 688. [3]

The 1950 U.S. Supreme Court FERES Case prevents Judicial Branch recourse on DOD “harm” as “incident” to service. [1] The Secretary of the Dept. of Veterans Affairs (VA) has FINAL DECISION with NO APPEAL TO THE JUDICIAL BRANCH AUTHORITY; U.S.C. Title 38, SECTION 511(a). A veteran is locked in to the must be exhausted VA Administrative misplaced records, can not be appealed process. AT THE TIME, AND LONG AFTER THESE PROJECTS ARE OUT-OF-DATE, THIS EXPERIMENT REVEALING CAUSE AND EFFECTS ARE NOT IN A SUBJECT’S MEDICAL HISTORY. Their resulting disabilities are not in the VA “schedule of ratings for disabilities”. [5] This Veterans Court Chief Judge’s “may not review” [5] cause and effects are not available for past, present and future veteran diagnosis and treatment: 1. By civilian HMO and VA Physicians’! 2. For each group’s long term “to harm” follow up, that would alert the victims. This is the U.S. Senate Report’s from 1944, 63 YEARS of lost, individual and group benefitting lessons learned! Thereby, no treatment for the original experiment and follow on injuries. And 3. For use as evidence during U.S. Executive (DOD & VA) and Judicial Branch processes! The subjects’ never the wiser become, e.g., Congress’s recent “Veterans Right to Know Act” failures.

BACKGROUND.

H.R. 4259 [109th]: Veterans Right to Know Act to establish the Veterans’ Right to Know Commission bill was proposed in the 2005 & 2006 Congresses. At the end of each session all proposed bills that haven’t passed are cleared from the books. This bill never became law.

The from 1944 DOD “designed to harm” experiments are documented as conducted on “hundreds of thousands” by the 1994 U.S. SENATE REPORT! [6] The REPORT’s NOTES (No.’s 72, 168 & 169) cite, “The Nazi Doctors and the Nuremberg Code, Human Rights in Human Experimentation.” Not addressed by the U.S. Congress and U.S. Courts are the many conducted in direct disobedience of the DOD Secretary’s 1953 ‘Nuremberg’ order; “The Nazi Doctors” pages 343-345. [2] With the Secretary’s of all U.S. Military Services, the Joint Chiefs of Staff and the DOD R&D Board then known! This ignored order was TOP SECRET until 1975, 22 YEARS LATER. The subjects by its “need to know” are prevented from finding out. The 1994 Report noted that rights be restored. To-date, in 2007, not done!

“The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”, i.e., the needed for treatment “designed to harm” policies with their causes and effects! [6] The Veterans Court Chief Judge’s statement during 17-18 Oct. 1994. [5] His severely “may not review” restricted is a Congress’s 12/18/88 established Legislative ‘no teeth’ Article I Court. [9] Their oversight and accountability response to the 6/25/87 STANLEY experiment. One of the Judicial Branch Article III U.S. Supreme Court decisions on: 1. The DOD STANLEY 1953 order, 1958 disobeyed, confirming Congress is responsible 1987 Case. [3] And 2. The 1950 FERES Case that prevents recourse on DOD “harm” as “incident” to service. [1] Made very clear is that UNLESS CONGRESS CHANGES IT, BY REASON OF MILITARY SERVICE VETERANS’ LOST ARE PRIOR TO CONSTITUTIONAL RIGHTS! They are given to convicted rapists and murderers. [4] These cases assume that the DOD and VA “disabilities” coverage provides remedy. Not addressed is the withheld R&D “designed to harm” identifying, needed for treatment evidence! Congress’s 12 December 1974 Privacy Act censored the names of all injury witnesses from surviving and future service records. The 12 July 1973 National Personnel Records Center fire destroyed “to harm” service records.

A politically contrived justice denied for the greater good. An end justifies the deliberate “to harm” means. Make the checks and balances within and between our branches of government work! Only when you hold your members in the U.S. Congress responsible will this happen!

NOW ON THE GENERAL POPULATION.

In 2007 duplicated is the U.S. Senate’s stated DOD “designed to harm” misplaced records? This is by the in 2006 established CIVILIAN Biomedical Advanced Research and Development Authority (BARDA). [8] Under its “NATIONAL SECURITY MISSIONS” is the advancement of the DOD Project 112, SHAD “Biomedical” lessons learned. [7] BARDA, under the present war cover, also lacks the oversight and accountability of the past wars DOD Shipboard Hazard and Defense (SHAD) biological experiment.

REFERENCES:

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

[2] 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 [6] as NOTES 72, 168 & 169.

[3] 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 [6] cited in NOTE 169.

[4] U.S. State Dept., “U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7″.

[5] Chief Judge and colleague statements, Court of Veterans Appeals, Annual Judicial Conference, Fort Meyer, VA., 17 & 18 October 1994. http://www.goodnet. com/~heads/ nebeker.html

[6] 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.

[7] “Project 112 (Including Project SHAD) Home”; www1.va.gov/ shad/ Starting in 1962 DOD chemical and biological experiments.

[8] Biomedical Advanced Research and Development Authority (BARDA). Became law 19 December 2006.

[9] Code of Federal Regulations (CFR), Title 38, Part V, Para. 7252. Jurisdiction; finality of decisions.

However, I will NEVER display a yellow ribbon on my car or anywhere else. “Support the Troops” to me means “support the war,” and I think this war should never have been started to begin with. IMO, supporting the troops would be to bring them home immediately and stop this senseless fighting for oil and power for the Bush administration. Besides, as a pacifist I can’t understand anyone who still signs up for the army these days. I can feel for soldiers who signed up before they knew the war was coming, maybe thinking that the army would give them access to a better education. I CANNOT understand those who signed up later, when they already knew they’d have to go over there and kill people (lots of them civilians). Whoever signs up for the army thinking that it’ll be great fun to shoot people doesn’t have my sympathy at all. And don’t give me crap about “defending your country” and such… for about the last century the US hasn’t been fighting ONE war to defend this country.