Feres Doctrine and IOM Meeting in Texas
Barbara Cragnotti informs me that on CBS news this evening there will more information on the Feres Doctrine. I would assume on how that protects the DOD from doing about what ever it wants to do with no recourse for the Veterans/Widows…VA belongs in that category also as Veterans cannot hold them accountable for anything even at individual level.
Several E-mails have come in on the IOM Public Meeting to review the health effects in Vietnam Veterans of Exposures to herbicides and if I was attending.
This information is as follows:
The Committee to Review the Health Effects
in Vietnam Veterans of Exposure to Herbicides
(Seventh Biennial Update)
Register Online
June 19, 2008 1:00 PM–4:00 PM
Hyatt Regency San Antonio
Chula Vista Room
123 Losoya Street
San Antonio, TX
I will not be attending due to lack of funds but primarily I see no sense in arguing/debating with a wall. Without documented process and levels of evidentiary evidence that is required or what level of measurable criteria either they think is assigned by their contract or their own self-imposed requirements then any information/argument provide against a subjective processes becomes a moot point and a waste of an argument/time/resources which many of us do not have in order to compete with VA/IOM.
Until Congress establishes the level of certainty that they want and then mandate with audits to both VA and IOM then we are just spitting in the wind and tugging on the cape of those that not only have an entirely different agenda but also a conflict of interest in outcomes. Sometimes science and integrity are not on the same level.
With that said, I hope that anyone local will attend and gather up any data and send it to me or some of our folks fighting these presumptive issues, which should be concluded as presumptive persistent damaging processes; not individual single ICD outcomes that must correlate with some dose response for all victims.
The information might come out on Parkinson’s while I am gone but it looks like that is going to be a go as an associated disorder with congressional action.
Kelley
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In regards to the Feres Doctrine the military relys on it to cover up illegal acts by government agencies, even in the 1987 5-4 Stanley case the Supreme Court case which involved the only "test vet" from Edgewood Arsenal who had been given LSD without his knowledge ever to make it to Federal Court denied his claim, yet in the dissents Justice Sandra Day O'Connor stated:
Justice O'Connor's separate dissent - Nuremberg revisited
Justice O'Connor dissented in part: "No judicially crafted rule should insulate from liability the involuntary and unknowing human experimentation alleged to have occurred in this case. Indeed, as JUSTICE BRENNAN observes, the United States military played an instrumental role in the criminal prosecution of Nazi officials who experimented with human subjects during the Second World War, ante, at 687, and the standards that the Nuremberg Military Tribunals developed to judge the behavior of the defendants stated that the "voluntary consent of the human subject is absolutely essential . . . to satisfy moral, ethical and legal concepts." United States v. Brandt (The Medical Case), 2 Trials of War Criminals Before the Nuremberg Military Tribunals Under Control Council Law No. 10, p. 181 (1949). If this principle is violated the very least that society can do is to see that the victims are compensated, as best they can be, by the perpetrators. I am prepared to say that our Constitution's promise of due process of law guarantees this much. Accordingly, I would permit James Stanley's Bivens action to go forward, and I therefore dissent".
How many people? Stanley may have been one of 1,000 used in this project/subproject
In the 1950's, in defiance of this principle, military intelligence agencies and the Central Intelligence Agency (CIA) began surreptitiously testing chemical and biological materials, including LSD. These programs, which were "designed to determine the potential effects of chemical or biological agents when used operationally against individuals unaware that they had received a drug," included drug testing on "unwitting, nonvolunteer" Americans. S. Rep. No. 94-755, Book I, p. 385 (1976) (S. Rep.). James B. Stanley, a master sergeant in the Army, alleges that he was one of 1,000 soldiers covertly administered LSD by Army Intelligence between 1955 and 1958. See id., at 392.
This figure differs vastly from the 16 unwitting subjects the CIA identified as having been dosed with LSD in the United States. The CIA did not identify anyone subject to overseas testing.
III. ORLIKOW VS UNITED STATES - CIA SETTLEMENT OF SOME CLAIMS
One researcher known to have been funded by the CIA's front organization, the Society for the Investigation of Human Ecology, was Dr. Ewen Cameron.
* Ewen Cameron and the Allan Memorial Institute - Subproject Subproject 68 funded by CIA from March 18, 1957 to June 30, 1960
Without conceding liability, in 1988 the CIA agreed to pay $750,000 to settle a case brought on behalf of nine plaintiffs who were subjected to federally funded mind control experiments sponsored by the CIA and conducted by prominent psychiatrist Ewen Cameron, M.D. The experiments included heavy does of LSD, electroshock and psychic driving. Beyond Nuremburg, ABA Journal March 1997, p.26.
* What the Senate Congressional Record says of the CIA funded experiments conducted by Cameron under MKULTRA
Information on Cameron's experiments and the CIA's effort to stonewall settlement of the legal case filed by nine of Cameron's victims is contained in the Senate Congressional Record:
"THE CIA'S FIRST MAJOR PROJECT IN THE AREA, CALLED ARTICHOKE, WAS RUDIMENTARY COMPARED TO MKULTRA, WHICH SUCCEEDED IT IN 1953. THROUGH FRONT ORGANIZATIONS, THE CIA CHANNELED ABOUT $10 MILLION TO DOZENS OF UNIVERSITIES AND INDEPENDENT RESEARCHERS". Congressional Record - Senate, 99th Cong. 1st Session, Volume 131 No. 106, Part 2, 131 Cong. Rec. S. 11008 citing The Experiments of Dr. D. Ewen Cameron, Washington Post July 28, 1985
"A CIA CHEMIST, SIDNEY GOTTLIEB, SUPERVISED THE MKULTRA PROJECT FROM WITHIN THE AGENCY, DOCUMENTS SHOW. A CIA DOCTOR, LT. COL. JAMES L. MONROE, WORKED UNDERCOVER AND RAN THE SOCIETY FOR THE INVESTIGATION OF HUMAN ECOLOGY, THE ORGANIZATION THAT CHANNELED MONEY TO CAMERON AND THE ALLAN INSTITUTE". Congressional Record - Senate, 99th Cong. 1st Session, Volume 131 No. 106, Part 2, 131 Cong. Rec. S. 11008 citing The Experiments of Dr. D. Ewen Cameron, Washington Post July 28, 1985.
"DURING THE WAR, CAMERON WAS PART OF AN INTERNATIONAL COMMITTEE OF PSYCHIATRISTS AND SOCIAL SCIENTISTS WHO STUDIED THE ORIGINS AND NATURE OF NAZI CULTURE. HE PUBLISHED NUMEROUS ARTICLES ON MASS PSYCHOLOGY DURING WARTIME". Congressional Record - Senate, 99th Cong. 1st Session, Volume 131 No. 106, Part 2, 131 Cong. Rec. S. 11008 quoting The Experiments of Dr. D. Ewen Cameron, Washington Post July 28, 1985.
"TO ERASE OR 'DE-PATTERN' PERSONALITY TRAITS, CAMERON GAVE HIS SUBJECTS MEGADOSES OF LSD, SUBJECTED THEM TO DRUG-INDUCED "SLEEP THERAPY" FOR UP TO 65 CONSECUTIVE DAYS AND APPLIED ELECTROSHOCK THERAPY AT 75 TIMES THE USUAL INTENSITY. TO SHAPE NEW BEHAVIOR, CAMERON FORCED THEM TO LISTEN TO REPEATED RECORDED MESSAGES FOR 16-HOUR INTERVALS, A TECHNIQUE KNOWN AS 'PSYCHIC DRIVING,'
CAMERON AND THE CIA WERE INTERESTED IN BRAINWASHING AND THE ABILITY TO REDIRECT THOUGHT AND ACTION. THE PATIENTS DID NOT CONSENT TO THE TREATMENT AND WERE NEVER TOLD THEY WERE BEING USED FOR RESEARCH". Congressional Record - Senate, 99th Cong. 1st Session, Volume 131 No. 106, Part 2, 131 Cong. Rec. S. 11008 quoting The Experiments of Dr. D. Ewen Cameron, Washington Post July 28, 1985
"CAMERON, WHO DIED OF A HEART ATTACK WHILE MOUNTAIN CLIMBING IN 1967, HAD BEEN ONE OF THE MOST PROMINENT PSYCHIATRISTS IN NORTH AMERICA. A FORMER PRESIDENT OF BOTH THE CANADIAN AND AMERICAN PSYCHIATRIC ASSOCIATION, HE WAS SELECTED TO DIAGNOSE NAZI FIGURES, INCLUDING RUDOLF HESS, DURING THE NUREMBERG TRIALS. (HE
DECLARED HESS SANE.) BUT FOR HIS WORK ON BRAINWASHING AND MIND CONTROL, CRITICS HAVE CALLED HIM A 'MAD SCIENTIST'." Congressional Record - Senate, 99th Cong. 1st Session, Volume 131 No. 106, Part 2, 131 Cong. Rec. S. 11008 citing The Experiments of Dr. D. Ewen Cameron, Washington Post July 28, 1985
* The Legal Case of Orlikow vs United States
The nine plaintiff's filed a case in the U.S. District Court for the District of Columbia.This case is also described in Psychiatry and the CIA: Victims of Mind Control by Harvey M. Weinstein, M.D., American Psychiatric Press, Inc. (1990). Harvey Weinstein, a psychiatrist, is the son of Cameron victim, Louis Weinstein.
The Court's opinion states: the CIA operated its covert research code named MKULTRA between 1953 and 1966. An initial CIA memoradum dated April 3, 1953 reads:
"Aside from the offensive potential, the development of a comprehensive capability in this field of covert chemical and biological warfare gives us thorough knowledge of the enemy's theoretical potential thus enabling us to defend ourselves against a foe who might not be as restrained in the use of these techniques as we are." Orlikow v United States, 682 F Supp 77, 80 ( DC 1988)
The memorandum refers to two "well-defined" fields of endeavor earmarked by the CIA. The first is listed as research to develop a capability in the covert use of biological and chemical materials. The second field, although cited to in the memorandum was erased from the exhibit. See, C.I.A. v. Sims, 471 U.S. 159, 105 S. Ct. 1881, 85 L. Ed. 2d 173 (1985).
* The Gateway and Psychic Driving
In 1955, the CIA set up a secret front organization, known as the Society for the Investigation of Human Ecology (SIHE), to fund further studies in mind control. CIA employee, Dr. John Gittinger and Dr. Wolff from Cornell, assisted in the program formation. Approximately a year later, Dr. Gittinger read an article, published in the American Journal of Psychiatry, written by Dr. Ewen Cameron from the Allan Memorial Institute of Psychiatry, and entitled Psychic Driving.
The technique involved the playback of a significant statement made by the patient though the use of a continuous loop tape recorder. Certain methods were utilized to reduce defense mechanisms and "depattern" behavior. These techniques were later detailed in an application for
research funds submitted to the SIHE. They included the use of "particularly intensive" electroconvulsive shock, sensory isolation, and drug induced continuous sleep for many days using megadoses of LSD-25. Orlikow v United States, 682 F Supp 77, 82 ( DC 1988).
Dr. Cameron characterized his work as the "gateway through which he might pass to a new field of psychotherapeutic methods." Psychic Driving, 112 Am. J. Psy. 502 (January, 1956).
* The 2 year statute of limitation barred one claim in Orlikow
In Orlikow the CIA challenged the claims of the nine plaintiff as all being untimely. The statute of limitations provides that a Federal Tort Claim must be filed within two year of when a cause of action accrues. The statute can be tolled (stopped from running) if there is fraudulent concealment of a claim, but it will begin to run again if the plaintiff could have discovered his cause of action with due diligence.
Although the CIA funding was undisclosed for many years and many key records destroyed in 1973, the CIA argued that the experiments came to light when a book by John Marks, The Search for the Manchurian Candidate (W.W. Norton & Co.: New York), was published in 1979 and various other articles were subsequently published in newspapers and journals. For clarity in analyzing the significance of this in relation to each plaintiff the Court provided a list of each plaintiff's filing date:
Name Date of actual notice Date of filing
Mr. Page February 9, 1979 March 14, 1980
Mr. Logie February 12, 1979 March 14, 1980
Mrs. Huard March, 1980 Nov. 25, 1980
Mrs. Stadler March 11, 1980 Nov. 25, 1980
Mrs. Zimmerman June 10, 1982 Feb. 4, 1983
Mrs. Langleben June 10, 1982 Feb. 4, 1983
Mr. Weinstein August, 1980 Feb. 4, 1983
Dr. Morrow Summer 1977 March 25, 1981
The claim of the ninth plaintiff, Mrs. Orlikow, was not challenged as untimely by the CIA.
* Who was named in the Stanley suit
Stanley named Joseph R. Bertino, MD; Board of Regents of the University of Maryland; H.D. Collier; Albert Dreiscach; Bernard G. Elfert; Sidney Gottlieb, M.D.; Richard Helms; Gerald Klee, M.D.; Van Sim, M.D.; Walter Weintraub, M.D.; and unknown individual federal and state agents and officers. US vs Stanley 483 US 674, footnote 2.
The names in the Stanley case are related to some of the CIA cases; Sidney Gottlieb M.D. (club foot) DR Van Sim
Dr. Ewen Cameron - Canadian researcher who has been compared to being worse than Mengele
In some of the above paragraphs DR Sidney Gottlieb has been portrayed as a chemicat who worked for the CIA etc, they mimimalized his connection to the agency, in 1953 he was given 6% of the entire CIA budget for his chemical weapons and biological experiments he ran thru the Special Operation Division at Fort Detrick (SOD) they controlled experiments at Dugway Utah or otherwise known as Deseret Center, the SHAD/112 experiments, Edgwood Arsenal experiments were part of DR Gottleibs operation as well as the Fort Detrick biological experiments, everything was connected to DR Gottlieb and the Department of Defense, when the jig was up with the Church Committee in 1973 Dr Gottlieb just destroyed most of the records kept on the programs, most of the documentation found today relates to financials at the CIA, and the studies at the military bases, but how they were all inter linked and who reported to who, and who controlled what basically went to the grave with DR Gottlieb in 1999.Sphere: Related Content
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