400 Left the Caravan and Arrive in Tijuana

Posted on November 13, 2018November 13, 2018 by Denise Simon

Defense Secretary Mattis will spend Wednesday visiting the border. Customs and Border Patrol said it will close lanes at the San Ysidron and Otay Mesa crossing to allow the Department of Defense to install barbed wire and position barricades and fencing in the Tijuana region of Baja, California.

The lead or first caravan is expected to arrive in an estimated two weeks with at least three other caravans are making progress heading north in Mexico. More details here.

Meanwhile, Ami Horowitz who is an onsite investigative journalist is traveling with and reporting on the real facts of the caravan. Horowitz has a vast resume of these kinds of investigations on his resume that include corruption at the United Nations and he also travel by boat with Syrian refugees arriving in Greece.

During this adventure by Ami Horowitz he found the following facts:

90-95% are males in the caravan.

There is a substantial logistical transportation operation aiding the migrants with trucks and buses.

Food, water, shelter, medicine, mobile hospitals, doctors and nurses are at each base camp along the way.

Mexican police are often found escorting the caravan.

Mexico is actively working with the United Nations High Commission for Refugees and with UNICEF per the UN contact named Maria Rudi.

It is admitted there are violent and gang member people within the caravan. It takes work to keep them separated from the other members of the caravan daily.

The largest support comes from Pueblo sin Fronteras. This organization has hundreds of volunteers traveling with the caravan as noted in the video. The volunteers hold countless learning sessions with the migrants to teach them about applying for asylum, what a refugees and what their rights are according to U.S. law. United Nations workers are also traveling with the caravan and they along with the Pueblo Sin Fronteras wear vests noting who they are and some also wear badges.

Pueblo sin Fronteras has been reaching out to immigrants and migrants for more than 15 years aiding them to the United States demanding their human rights.On their website they even have a graphic that reads Otay Mesa Detention Resistance for Los Angeles and San Diego.

As tensions build over a new caravan, Mexican officials seize the man who helped organize the last one https://t.co/ipwsyldi9R

— Adolfo Flores (@aflores) October 19, 2018

The leader of Pueblo sin Fronteras is Irineo Mujico. From Phoenix, Mujico was arrested in southern Mexico in October in Cuidad Hidalgo. He was there not as a leader but more as a coordinator of humanitarian assistance. He has been released but he did forfeit documents under the demand of the Mexican police. Mujico is a dual citizen of the United States and Mexico.

Need Your Help on the Feres Doctrine

Posted on November 12, 2018November 12, 2018 by Denise Simon

Prepare for a little work on your part, it is a fight we need to win.

Reckless medical care, malpractice or malfeasance in the civilian world includes lawsuits and the removal of medical licenses. In the military….any and all active or former military service members can take NO action due to the Feres Doctrine.

OUTRAGEOUS

On newsstands this week photo

In 2002, the Senate Judiciary Committee had a hearing to amend the Feres Doctrine or to at least include waiver language. It went no where.

You can read about that hearing at this link and see who was on the committee at the time.

This has nothing to do with the VA, these are military hospitals wherever they are across the world. The military has sovereign immunity.

From an article in 2017:

Under the Feres doctrine, service members are categorically banned from filing suits for harm incurred while on duty. Period, end of story. There are no exceptions, it is absolute.

Since its creation, courts and commentators have vehemently condemned the Feres doctrine. One of its most ardent critics was Antonin Scalia, the legendary conservative Supreme Court justice. In United States v. Johnson, Justice Scalia wrote that “Feres was wrongly decided and heartily deserves the ‘widespread, almost universal criticism’ it has received.” Yet, the Feres doctrine persists as national policy.

The given justification for the Feres doctrine is the protection of good order and discipline within the military. Without a doubt, commanding officers shouldn’t face the threat of a lawsuit for decisions made in combat or in preparing troops for battle. The Feres doctrine, though, goes too far by banning all suits “incident to service.”

Good order and discipline simply would not be harmed by the suit of a soldier burned due to known faulty wiring in his barracks, or a sexual assault victim, or a soldier who was secretly administered LSD to test its effects, or a Marine who had a towel left in his stomach during a routine procedure. Yet, the Feres doctrine summarily bans each of these suits.

By immunizing the military from civil liability, the Feres doctrine increases abuse of power and corruption by military officials. It is common sense that when officials are not held accountable for their misconduct, they tend to abuse their authority. That is why the Founders split the government’s power into three branches and allowed the courts to review the conduct of the other two branches. Judicial review is a cornerstone of our democracy.

Protected from lawsuits, however, military officials are freed from this constitutional accountability framework. Lawsuits not only allow victims of misconduct to be made whole, they inform the public of governmental wrongdoing. This information flow is critical in a representative democracy, where voters cannot change what they do not know.

*** How about the case of a wife and new mother dying due to malpractice?

On March 9, 2014, Walter Daniel’s wife, Lt. Rebekah Daniel, a Navy nurse stationed at Naval Hospital Bremerton in Washington, gave birth to a healthy baby girl at the facility where she worked. Four hours after the low-risk childbirth, she died due to blood loss.

In court documents, Daniel alleged the care team failed to prevent postpartum hemorrhaging, which caused Rebekah to lose “more than 1,500 ml of blood – nearly one-third of the amount of blood in the average human body” according to a statement put out by the Luvera Law Firm.

*** Now a terminal cancer case of a Green Beret that the hospital saw during an exam and did nothing, even refused to tell him. He has a year to live.

Sgt. 1st Class Richard Stayskal was deployed to Ramadi, Iraq, in 2004 when he was shot by a sniper. The round, which he kept as a souvenir, pierced his left lung and nearly killed him.

The round is “a reminder of how fragile life is,” he told Charlotte’s Fox 46. “Something could change everything in an instant.”

Despite beating the odds of such a grievous wound in combat, something else did change in an instant for the 37-year-old Green Beret when, following a June 2017 visit to a civilian doctor to address severe breathing issues the Army told him was a simple case of pneumonia, he received terrible news.

“Did a biopsy and when I woke up my wife was crying,” Stayskal told Fox 46. “And he [the doctor] was telling her that I had cancer.”

The tumor in Stayskal’s lungs had been egregiously misdiagnosed by Army doctors, the report said, allowing it to double in size and spread to other vital organs — and into stage four terminal lung cancer.

This is a fight we need to win for our war fighters….can you help and call your congress-person or senator and demand a new hearing and amendment to the Feres Doctrine? PLEASE?

There is an unknown number of victims of medical malpractice at military hospitals but does it matter?

This the Reason N Korea Cancelled the Meeting?

Posted on November 12, 2018November 12, 2018 by Denise Simon

The excuses both sides explain scheduling conflicts. C’mon, lil Kim is not exactly that busy to take a meeting with America, right? As North and South Korea have begin to dismantle 20 guard posts along the DMZ. South Korea has 60 such positions while North Korea has an estimated 160. Allegedly, all firearms have been already removed from the guard posts. Personnel is still there but it is said they are unarmed.

Back to that cancelled meeting….

A satellite image of a secret North Korean ballistic missile base. The North has offered to dismantle a different major missile launching site while continuing to make improvements at more than a dozen others.CreditCreditCSIS/Beyond Parallel, via DigitalGlobe 2018

More detail is explained here.

What is the reason then? Missile sites….hummm

North Korea are still operating undeclared missile bases and even improving some of their missile sites instead of shutting them down.

The latest report from the Center for Strategic and International Studies in Washington said it had identified 13 of an estimated 20 secret missile operating bases inside North Korea.

They could be used to house ballistic missiles of various ranges, with the largest believed to be capable of striking anywhere in the United States.

The report, written by researcher Joseph Bermudez, said maintenance and minor infrastructure improvements have been observed at some of the sites.

The sites identified in the report are scattered in remote, mountainous areas across North Korea.

It even identified improvements being made to its Sakkanmol site, close to the border with South Korea.

President Trump is still hoping to persuade Pyongyang to give up its nuclear weapons and long-range missiles.

The North Korean leader Kim Jong Un and U.S. President Donald Trump pledged to work towards ‘denuclearization’ at their landmark June summit in Singapore.

Shortly after the summit, Trump tweeted that there was no longer a nuclear threat from North Korea.

North Korea declared its nuclear force ‘complete’ and halted missile and nuclear bomb testing earlier this year.

North Korea has said it has closed its Punggye-ri nuclear testing site and the Sohae missile engine test facility.

It also raised the possibility of shuttering more sites and allowing international inspections if Washington took ‘corresponding measures’.

Last week, North Korea called off a meeting with U.S. Secretary of State Mike Pompeo in New York.

The country’s state media said on Monday the resumption of some small-scale military drills by South Korea and the United States violated a recent agreement aimed at lowering tensions on the Korean peninsula.

‘Missile operating bases are not launch facilities,’ Bermudez wrote.

‘While missiles could be launched from within them in an emergency, Korean People’s Army (KPA) operational procedures call for missile launchers to disperse from the bases to pre-surveyed or semi-prepared launch sites for operations.’

None of the missile bases have been acknowledged by North Korea, and analysts say an accurate disclosure of nuclear weapons and missile capabilities would be an important part of any denuclearization deal.

FBI Deployed for Voting Integrity

Posted on November 2, 2018November 2, 2018 by Denise Simon

Voting day is almost here but millions of votes have already been cast. We can only hope the early voting ballots and the absentee ballots are part of the scrutiny the FBI will be assigned to validate.

In recent days, I have received emails from the FBI regarding assignments for watch for irregularities or abuses. As a sample of the FBI agent deployment, below is one example for the state of New Jersey. Here is another for the Washington DC area. Boston, Indianapolis, Atlanta, Anchorage, New Orleans, Louisville, Omaha, Jackson, Tampa, Phoenix, Albuquerque, Milwaukee, Pittsburgh are some of the other cities that have asked for and received FBI voter integrity assistance.

***

Election Crimes

In democratic societies like the United States, the voting process is a means by which citizens hold their government accountable; conflicts are channeled into resolutions and power transfers peacefully. Our system of representative government works only when honest ballots are not diluted by fraudulent ballots. The FBI, through its Public Corruption Unit, has an important but limited role in ensuring fair and free elections. Election crimes become federal cases when:

The ballot includes one or more federal candidates;
The crime involves an election official abusing his duties;
The crime pertains to fraudulent voter registration;
Voters are not U.S. citizens.

Federal election crimes fall into three broad categories—campaign finance crimes, voter/ballot fraud, and civil rights violations.

Campaign finance

A person gives more than $4,600 to a federal candidate (various limits apply for donations to and from committees and groups);
A donor asks a friend to give money to a federal candidate, promising to reimburse the friend; the friend makes the donation and the real donor reimburses him;
A corporation gives corporate money to a federal candidate;
A person who is neither a citizen nor a green card holder gives money to a federal, state, or local candidate.

Civil rights violations

Someone threatens a voter with physical or economic harm unless the voter casts his ballot in a particular way;
Someone tries to prevent qualified voters from getting to the polls in a federal election;
A scheme exists to prevent minorities from voting.

Voter/ballot fraud

A voter intentionally gives false information when registering to vote;
A voter receives money or something of value in exchange for voting in a federal election or registering to vote;
Someone votes more than once in a federal election;
An election official corrupts his or her office to benefit a candidate or party (e.g., lets unqualified voters cast ballots).

What is NOT a federal election crime:

Giving voters a ride to the polls;
Offering voters a stamp to mail an absentee ballot;
Giving voters time off to vote;
Violating state campaign finance laws;
Distributing inaccurate campaign literature;
Campaigning too close to the polls;
Trying to convince an opponent to withdraw from a race.

If you think an election crime is occurring, call the election crimes coordinator at your local FBI office.

FOR IMMEDIATE RELEASE

Wednesday, October 31, 2018

U.S. Attorney’s Office Reminds New Jersey Voters about Election Day Hotline for Complaints of Voting Irregularities or Abuses

NEWARK, N.J. – U.S. Attorney Craig Carpenito announced today that Senior Trial Counsel Allen B.K. Urgent will lead the office’s efforts in connection with the Justice Department’s nationwide Election Day Program for the Nov. 6, 2018, general election.

Urgent, Senior Trial Counsel Mark McCarren and Assistant U.S. Attorney Gabriel Vidoni have been appointed to serve as District Election Officers (DEOs) for the District of New Jersey, and are responsible for handling complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.

“Free and fair elections are the cornerstone of our democracy,” U.S. Attorney Carpenito said. “Every voter must be free to cast a ballot without being intimidated or harassed, and their votes must be counted accurately and without being subjected to fraud of any kind.”

Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. Actions designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

In order to respond to complaints of election fraud or voting rights abuses on Nov. 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Carpenito said the DEOs will be on duty in this District while the polls are open. They can be reached by the public at: (888) 636-6596.

The FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The local FBI field office can be reached by the public at (973) 792-3000.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, by phone at (800) 253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] (link sends e-mail) or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

Birthright v. Jurisdiction

Posted on October 31, 2018October 31, 2018 by Denise Simon

Let’s begin with the 39th Congress shall we?

1865-1867, it was a time of reconstruction. For context, scan this summary of the activity of Congress.

On the matter of ratification of the 14th Amendment, a year long study was completed by a 15 member committee. Much of the debate was on citizenship for slaves. For reference, the Joint Resolution was H.R. 127.

Of particular note is the text in the middle column under ‘Reconstruction’. This document is found in the Library of Congress. This matter has been debated often over many decades and there is no law defining natural born v. foreign ownership, loyalty or jurisdiction. Hence the reason the debate continues and proposed legislation in addition to President Trump considering an Executive Order. Frankly, the common existing definition on birthright gives an additional argument to chain migration, somewhat in reverse.

Here is a cogent presentation on the case against birthright.

Need more?

Claremont Senior Fellow Matthew Spalding

Spalding raised the question in “Should the Children of Illegal Aliens Be U.S. Citizens?” and his U.S. News & World Report op-ed: “14th Amendment Doesn’t Make Illegal Aliens’ Children Citizens”

Others

Frequent Claremont Review of Books contributor and summer fellowship faculty member Richard Samuelson provides more historical and legal context in his essay for The Federalist: “Birthright for Whom?”

*** Is it okay that there are actually birthing hotels in California where Chinese woman take full advantage?Federal agents raided several maternity hotels in January of 2018 where these pregnant women paid between $40,000 to $80,000 to give birth in the United States. This has been the case for many years. There was/is a list of sites for birthing tourism for California.

How about pregnant Russian women making the long trip to Miami just to give birth? Birthing tourism is a thriving business for Russians in Miami. It is all for dual citizenship. If the mainstream media complains about President Trump authorizing an Executive Order, the text is most important. He cannot alter any Constitutional amendment but he can issue an order to stop birthing tourism. Even NBC News is quite aware of the issue.

“for a growing number of Russian women, the draw isn’t sunny beaches or pulsing nightclubs. It’s U.S. citizenship for their newborn children. In Moscow, it’s a status symbol to have a Miami-born baby, and social media is full of Russian women boasting of their little americantsy.”

*** If President Trump signs an Executive Order it will be legally challenged with a lawsuit before the end of the day. Perhaps this is a good thing to begin a final legal opinion on the matter.