Wednesday, October 28, 2009

These are Dangerous Times to be an American Veteran!

These are Dangerous Times to be an American Veteran!

By Robert L. Rosebrock, Staff Writer

Sharon McCaslin, prosecuting attorney for the United States Department of Justice, officially declared war on America’s Veterans when she defiantly pronounced in federal court that it is “desecration” and a “crime” for a Veteran to hang the American Flag in the “Distress” mode alongside the POW / MIA Flag.

She declared her act of warring defiance even when Veterans are in full compliance with the VA’s approval and the U.S Flag Code, and while lawfully protesting against the U.S. Government for abusing and misusing their sacred and sovereign land for the benefit of commercial and non-Veteran special interest groups, which is a flagrant violation of the Congressional Act of 1887 and the Land Grant Deed of 1888.

U.S. deputy attorney Sharon McCaslin officially declared this to be “desecration” and a “crime” as these noble and patriotic Flags are apparently nothing more than “placards and material” to her. The billion-dollar parcel of Veterans’ land behind these locked gates was recently given away rent-free by the U.S. Government to a wealthy homeowner group for a public community park. Now that that’s desecration and a crime in the most disgraceful sense!

On October 21st, I appeared before the Honorable Judge Frederick F. Mumm in the United States District Court in Los Angeles for the hearing and arraignment of a criminal citation issued to me via U.S. mail by the Los Angeles VA police.

raudulent Charges and Malicious Prosecution

The trumped-up charges were for a purported “unauthorized demonstration” held on July 26, 2009, during what would have been our 71st consecutive Sunday Rally to “Save Our Veterans’ Land.” No such "unauthorized demonstration" happened then or on any of the previous or following Sunday Rallies.

In Case 2085602 in the United States of America vs. Robert L. Rosebrock, Judge Mumm officially ordered the charges dismissed.

It’s quite clear that the VA’s citation for “unauthorized demonstration” was malicious and discriminated against me when the VA police, directed by VA bureaucrats, to single me out personally and trample all over my First Amendment Rights with a fabricated and unwarranted “unauthorized demonstration” charge.

Moreover, this fraudulent citation not only disenfranchises me of my Constitutional Rights to peacefully protest, but it undermines the Civil Liberties of all fellow Veterans and every American citizen and fellow human being around the world who believe in freedom and justice and the Right to lawfully protest against their government.

Warrant For My Arrest

By a motion of the U.S. Government, Judge Mumm ordered the “unauthorized demonstration” charges against me dismissed.

In an amazing act of defiance, Ms. McCaslin unilaterally ordered a Warrant for my arrest on that very same Case after the Judge had already dismissed the “unauthorized demonstration” charge. Moreover,her fraudulent Warrant on behalf of the Department of Justice was ordered and postmarked by U.S. Mail on October 21st, immediately after my hearing.

This was not a “clerical” error. No, this was a calculated and an illegal act in a flagrant and cowardly attempt to harass and intimidate me even more.

Ms. McCaslin is defending the wrong people and she has dangerously retaliated against me for exposing the serious violations of the Congressional Act of 1887 and the Land Grant Deed of 1888. This land was exclusively deeded to America's Military Veterans "to be permanently maintained as a National Home for Disabled Soldiers," but the powerful politicians have aided and abetted in taking this land away from Veterans and giving it to special interest groups.

U.S. Department of Injustice

Clearly, issuing a false Warrant for my arrest immediately after the charges were dismissed by the Judge is fraud, amongst many other charges, yet Ms. McCaslin continues to pick up her paycheck in spite of breaking the laws that she is getting paid to enforce. Where is the justice in the Department of Justice?

Even though Ms. McCaslin was forced to dismiss the fraudulent charges against me and our peaceful Sunday demonstrations, she arrogantly refused to dismiss five separate citations that are also falsely trumped-up for “displaying placards and material on property.”

Clearly, Ms. McCaslin couldn't try me on the VA’s fraudulent “unauthorized demonstration” charges but she then turned around and issued a fraudulent warrant for my arrest in an attempt to put me in jail on false pretense.

Ms. McCaslin is supposed to be representing the Department of Justice. If that is her idea of “justice,” then our judicial system and our Constitutional Rights are in very serious trouble and the Civil Rights of every American is in serious jeopardy. Clearly, it is Ms. McCaslin that should be on trial, and not me.

It is disgraceful beyond comprehension that Ms. McCaslin has declared war on the Constitutional Rights of the very men and women who have pledged their lives to defend the U.S. Constitution, the very Document that she has taken an Oath to uphold, but has failed miserably.

For the Record

This is to serve public notice that on Sunday, October 25, 2009, I fully abided by Ms. McCaslin’s “other condition” in the “release bond” that she ordered upon me personally: "not post anything on gate or anywhere on VA property and not demonstrate / unlawful without permit."

She ordered this malicious stipulation in the order of the U.S. Department of Justice on the “Central District of California Release Order and Bond Form,” at my October 21st U.S. Court hearing.

Contrary to my legal Rights as an American citizen, I sadly followed Ms. McCaslin’s malicious directive that trampled on my First Amendment Right to peacefully demonstrate this past Sunday, and I did not post anything on any gate or anywhere of VA property, because I was not there.

Let the record reflect that this is an outrageous and discriminatory order by Ms. McCaslin, because I had heretofore lawfully, legally and peacefully demonstrated with my fellow Veterans and friends of Veterans for the past 82 consecutive Sundays, and a "permit" was never required, nor is one required because we demonstrate on the Los Angeles County sidewalk, which is completely out of the VA’s jurisdiction.

VA’s Shameless Sneak Attack!

During Sunday’s demonstration, several VA police snuck up from inside the VA gates and ordered the Veterans who were in attendance, all in their 70s and 80s, including 86-year old World War II Veterans Steve Palmer in his wheelchair, to remove the U.S. and POW Flags, including the Flags with the five Branches of the U.S. Armed Forces that were posted far away from the “fence.”

These elderly, senior citizens are American Veterans, and all they did was simply and honorably post America’s most revered Flags in front of the largest VA in the nation, yet they were treated like criminals by armed VA security police.

Fear For My Safety and Well-being

There is no doubt that the political corruption, power and greed that's run amok in West Los Angeles regarding the National Veterans Home property are seriously retaliating against me personally, and Veterans as a whole, for challenging to expose the fraud and corruption behind all these egregious land deals that seriously violate the Congressional Act of 1887 and the Land Grant Deed of 1888.

Make no mistake; I fear for my personal safety and well being, and for my fellow Veterans as well. I am also in fear of the orchestrated abuse and serious violations of my legal and Constitutional Rights as an American citizen, and these violations have been perpetrated by those in political power and the special interest groups they kowtow to, and those employed by the U.S. Government to facilitate their greed and corruption.

If the Department of Justice and Ms. McCaslin had spent as much time prosecuting the real criminals who have flagrantly violated the Congressional Act of 1887 and the Deed of 1888 with the ongoing confiscation of BILLIONS OF DOLLARS OF VETERANS’ LAND, as they are in trying to prosecute me over a fraudulent $15 citation by legally demonstrating against these land heists and posting the American Flags upside down in protest, we wouldn't be demonstrating every Sunday to begin with.

Following are only a few of the unscrupulous leases of Veterans' deeded land that the VA has facilitated to benefit a few of the wealthy at the burden of the many Veterans, including 20,000 who are homeless in Los Angeles.

• The WLA VAMC entered into a 20-year agreement with Brentwood School, one of the wealthiest private schools in the nation, for 21 acres of Veterans land to build an athletic field that is off limits to Veterans. The sharing agreement expires in 2020

• The WLA VAMC entered into an agreement with Breitburn Energy. The land use agreement is for drilling oil on Veterans land and the Department of Interior controls the mineral rights agreement.

• The WLA VAMC entered into a 20-year enhanced sharing agreement with Richmark Entertainment Group, Hollywood / New York entertainment business, for the Wadsworth and Brentwood Theaters, the only two theaters at the National Veterans Home. They are no longer available for Veterans use but have become readily available for a “cultural community center” for the wealthy neighboring residents. The agreement expires in December 2025.

• The WLA VAMC entered into a 10-year enhanced sharing agreement with Sodexho Marriott on Building 224 for laundry services for their hotels. The agreement expires in March 2010.

• The WLA VAMC entered into a no-bid, rent-free enhanced sharing agreement with Veterans Park Conservancy, which is not a Veterans organization but a wealthy neighboring homeowners group, for a 16-acre billion-dollar parcel of Veterans land to build a public community park. The agreement was signed on August 24, 2007 and is a 20-year contract with a 10-year option.

• The WLA VAMC entered into a 10-year enhanced sharing agreement with UCLA for a baseball diamond and the agreement expires in 2011.

• The WLA VAMC has entered into a 20-year enhanced sharing agreement with the Salvation Army for Building 212. The agreement expires December 2025.

• The WLA VAMC has entered into a 10-year enhanced sharing agreement with the Salvation Army for building 207. The Agreement expires April 2015.

• The WLA VAMC entered into a 50-year federal lease agreement with New Directions for Building 116. The agreement expires August 2045.

• The WLA VAMC entered into a 5-year memorandum of agreement with a five-year option with New Directions for Building 257. The memorandum of agreement expires February 2012.

• The WLA VAMC is negotiating a 75-year lease on building 209 with a New York-based nonprofit developer (an oxymoron if ever there was one). Mr. Tillman chose Common Ground of NY and McCormack Baron Salazar, a national developer of mixed-income urban neighborhoods to operate a homeless housing service, with no guarantees that a resident has to be a Veteran.

• The WLA VAMC entered into a 20-year enhanced sharing agreement with Westside Services for parking lots on Veterans land that includes the Brentwood Village lot. The agreement expires in 2020.

• The WLA VAMC entered into a special agreement for Community Soccer Leagues to use MacArthur Field on Veterans land.

• The WLA VAMC has operated a Veterans nine-hole golf course that allows the public to "pay to play" and more than $200,000 has been stolen / embezzled from employees working at the course. The VA attempted to negotiated an enhanced sharing agreement with a “non-profit” organization with an individual proclaiming to be a direct family member and spokesperson of the original donor of this land, even though Arcadia de Baker, the benevolent donor died in 1912, had no children, and left no will.

Where's Congressman Waxman?

The major question amongst fellow Veterans and concerned citizens is where has Congressman Henry Waxman been during all of this land grabbing? After all, he is the elected steward of the largest VA in the nation that is included within his 30th Congressional District, and it is his fiduciary responsibility to prevent the abuse and misuse of any Veterans land here, not facilitating it.

Compromises at the Highest Levels of Government

When Sue Young, the executive director of Veterans Park Conservancy (VPC), was asked by the “Brentwood News” how she was essentially able to acquire the 16 acres of Veterans land (valued at nearly a billion dollars) for a public park, rent free, she responded: "Because this arrangement was unprecedented, it required lengthy discussions and compromises with Veterans Administration in Los Angeles and Washington. The agreement also called for approvals at the highest levels, i.e., Secretary Nicholson, and the involvement of the Congressional delegation."

There you have it; Ms. Young’s coveted public park on Veterans sacred land required unprecedented compromises at the highest levels of government to swindle a billion-dollar parcel of land from Veterans, and Congressman Waxman didn't stop it. In fact, he actually supported it!

It’s Time to Prosecute the Real Criminals

Veterans must continue to keep fighting for their land and demand the Department of Justice prosecute the real criminals who have pillaged and plundered our' sacred and sovereign land for their personal gain and benefit.

While these criminal thugs continue to go free, never forget that in our lawful defense of this land, we have been subjected to harassment, intimidation, discrimination, slander, defamation, stalking, spying, been accosted, challenged and insulted, retaliated upon, faced persecution, the victims of fraud, conspiracy, filing of false police reports, selective enforcement and malicious prosecution, just to name a few of the egregious violations perpetrated against America's Veterans, and me in particular.

An Act of War

These are dangerous times for America’s Veterans to stand up for truth and justice, particularly when the Department of Justice has declared war upon us.

It’s time to awaken the sleeping giant of 25 million American Veterans and stand up to defend our sacred land from our government.


ABOUT THE AUTHOR: Rosebrock is a U.S. Army Veteran, Vietnam War-era, HQ USARHAW, Schofield Barracks. He is Director of The Veterans Revolution, Co-Director of We the Veterans, Chairman of the Veterans Affairs Committee of the West Los Angeles Neighborhood Council, and a Member of the American Legion Press Association.

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