In Harms Way from Our Own

The U.S. Congress "to harm" Ignored.

U. S. Senate Background.

In 2008, despite the efforts of some, the U.S. Congress still treats
as an "incident to service" [1] the U.S. Senate’s DOD "experiments
that were designed to harm" [7]! "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." By their
inaction Congress has approved the Report’s: "Introduction" A. "During
the last 50 years, hundreds of thousands of military personnel have
been involved in human experimentation and other intentional exposures
conducted by the Department of Defense (DOD), often without a
servicemember' s knowledge or consent.", B. "most Americans would agree
that the use of soldiers as unwitting guinea pigs in experiments that
were designed to harm them, at least temporarily, is not ethical." And
"Forward" C. " The findings and conclusions contained in this report
are those of the majority staff and do not necessarily reflect the
views of the members of the Committee on Veterans' Affairs." Chairman.

Thereby, DOD & VA Healthcare System to-date covered up are these
experiments and prevented is treatment as documented by the 1994 U.S.
Senate Report.[7] The disagreeing "views" resulted in the 2008
continuing on the general public is a version of the DOD Project 112
biological lessons learned.[8] This is by the 19 December 2006
established civilian "Biomedical Advanced Research and Development
Authority (BARDA)".[10] Under the cover of its "national security
missions", as it is for military personnel, withheld from the civilian
"guinea pigs" are the cause and effects of its "Biomedical Advanced
Research and Development" (R&D) Projects.

Order Ignored!

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

The U.S. Supreme Court Did Not Know?

The 1987 U.S. Supreme Court Stanley decision [4] extends the coverage
of their 1950 Feres Case that a death by a military barracks fire was
an "incident to service" [1]. Stanley treats the 1958 DOD
"experiments. ..designed to harm" disobedience of the 1953 order [3] as
also an "incident to service"! To-date not accomplished is the Senate
Report’s correcting, "IV. Recommendations. G. The Feres Doctrine
should not be applied for military personnel who are harmed by
inappropriate human experimentation when informed consent has not been
given." A few in Congress made certain that the in-the-record
revealing evidence will not be addressed. The year following STANLEY
was the 1988 Veterans’ Judicial Review Act. Established was the
Veteran’s Legislative severely restricted, Article I Court. "The court
may not review the schedule of ratings for disabilities or the
policies underlying the schedule.", i.e., the order ignored "to harm"
R&D experimental effects and their causes! The Veterans Court Chief Judge's no teeth statement with his VA ignoring of the Court’s decisions! [6] The
Secretary of the VA was given Final Decision authority on these
issues. [9] Included is the power of NO APPEAL to this LEGISLATIVE
Veterans Court or to the independent U.S. Judicial Branch Courts. If
allowed an APPEAL, it is not part of the record at the Article I
Veterans Court. The evidence is also missing at the next level U.S.
Judicial Branch Article III, Court of Appeals for the Federal Circuit.

All Is In-The-Record!

Each Executive Branch (DOD, CIA & BARDA) Project completes the R&D
process. The prior lessons learned are reviewed. The then Scope of
Work defines what the experiment is "designed" to do. The how, where,
when and who is identified. The conducted researched cause and effects
are closely followed. From the results are developed safe production,
use, the needed for treatment and protection, e.g., the DOD
manufacturers handling of hazardous materials such as Depleted
Uranium, Agent Orange, the biological agents of Project 112 [8] and
the jet-engine noise levels of Project 7210 [2]. All is in the
Executive Branch record! Under the cover of national security the
revealing treatment evidence: 1. Is not cause identified in a
subject’s Medical History, so that they never the wiser become. The
deceived victim’s "to harm" effects are not Medical History recorded,
therefore not addressed! Prevented is any follow up by independent
civilian and Department of
Veterans Affairs (VA) physicians. And 2. For veterans’ the 64 years
of experiment specific injuries are not in the VA "schedule of ratings
for disabilities" [6]!

Why "may not review"?

May not be reviewed records prevent medical, administrative and
judicial "activities" that "would be detrimental to the accomplishment
of...mission. " This is by the still in 2008 reasoning of "it was
necessary to conceal these activities from the american public in
general, because public knowledge of the unethical and illicit
activities would have serious repercussions in political and
diplomatic circles and would be detrimental to the accomplishment of
its mission." U.S. Supreme Court 1987 Stanley Case; Footnote 4, Page
688 on its proven 1958 CIA experiment on U.S. Army personnel. [4]

"Right to Know".

There now is no 64 years later "Veterans Right to Know". After they
complete Honorable Service despite the efforts of some Congress has
not given back to veterans their rights. Revealed would be the few’s
corrupt for the greater good of all. Accomplished by the end justifies
the "designed to harm" means. Carried out under the cover of our
nation’s wars! A few key members in Congress, have dishonored those
that serve. Lost are those prior to service rights that convicted
rapists and murderers keep! [5]

Hold Responsible.

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

David H. Marshall

REFERENCES:

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

[2] USAF Project 7210 "A Compilation of Turbojet Noise Data", Bolt
Beranek & Newman, Inc. Cambridge 38, MA. Sound pressure levels for all
jet-engines in-service. Conducted at Wright Patterson Air Force Base,
Dayton, Ohio in 1952. 1954 logged in as the 401st report for that year
published as Report 54-401 July 1956

[3] DOD Secretary's 26 February 1953 NO non-consensual, human
experiment’s Memo pages 343-345. George J. Annas and Michael A.
Grodin, "The Nazi Doctors and the Nuremberg Code; Human Rights in
Human Experimentation" (New York: Oxford University Press, 1992). In
Reference [8] as NOTES 72, 168 & 169.

[4] U.S. Supreme Court, June 25, 1987, U.S. V. Stanley, 107 S. Ct.
3054 (Volume 483 U.S., Section 669, Pages 699 to 710). In Reference
[8] Cited in Note 169.

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

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

[7] U.S. Senate December 8, 1994 REPORT 103-97 "Is Military Research
Hazardous to Veterans' Health? Lessons Spanning Half a Century."
Hearings Before the U.S. Senate Committee on Veterans' Affairs, 103rd
Congress 2nd Session. With NOTES 1 to 170. Committee Print - S. Print.
103-97.

[8] "Project 112 (Including Project SHAD) Home" chemical and
biological experiments; www. 1.va.gov/shad/

[9] United States Code (USC) Title 38, 511. Decisions of the
Secretary; finality. http://www.law. cornell.edu/

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