Category Archives: Legislation

Great News on the Feres Doctrine

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The Supreme Court again on Monday opted not to hear a challenge to the legal precedent barring individuals from suing the military for medical malpractice, a decision blasted by Justice Clarence Thomas as short-sighted and unfair.

“Unfortunate repercussions — denial of relief to military personnel and distortions of other areas of law to compensate — will continue to ripple through our jurisprudence as long as the Court refuses to reconsider (this issue),” Thomas wrote in his dissent to the court’s decision not to take up the challenge.

The move once again shifts from the courts to Congress debate on how to fix problems surrounding the Feres Doctrine, a 1950 Supreme Court decision that blocks troops from claiming medical malpractice damages for actions related to their military service. At the time, the court found that military personnel injured by the negligence of another federal employee cannot sue under the Federal Tort Claims Act.

Image result for Sgt. 1st Class Richard Stayskal

Tuesday is a historic day in Washington D.C. It’s a day that a Fort Bragg soldier fought for as he battled terminal cancer, a diagnosis he says military doctors missed.

Stayskal along with his wife, Megan witnessed the Senate approve the National Defense Authorization Act (NDAA). The NDAA is the defense spending bill that includes a provision Stayskal fought for which will, for the first time, give active duty service members the right to be compensated for malpractice in military facilities in cases that are unrelated to combat.

So, what is the good news? The Senate.

In full disclosure, several months ago, I interviewed for radio Sgt. 1st Class Richard Stayskal and his lawyer. One of the hardest interviews I have ever hosted with a dedicated soldier dying of cancer.

Image result for Sgt. 1st Class Richard Stayskal

Fourteen months after the North Carolina Purple Heart Green Beret first shared his story with FOX 46 – how doctors at Womack Army Medical Center misdiagnosed his lung cancer as pneumonia in 2017, delaying treatment that could have prolonged his life – his story is getting results and now changing federal law.

“It’s just an amazing feeling overall right now. I don’t have the words to describe it,” said Stayskal, who has stage 4 lung cancer, and came back to Washington to watch the historic vote inside the Senate chamber. “It’s a victory for everybody. For all the service members across the board.”

On social media, Stayskal and his attorney, Natalie Khawam, wrote: “We did the impossible!”

Back to the Senate and the NDAA:

The Senate overwhelmingly passed the National Defense Authorization Act by a vote of 86-8 on Tuesday. Tucked inside is a provision, sparked by Stayskal, that will allow service members who have been victims of negligent medical care to finally be allowed to hold the government accountable. The measure allocates $400 million to the Dept. of Defense to investigate and pay out military medical malpractice claims internally. It will provide a measure of justice to service members and their families that has previously been denied.

“Everyone involved in this conference, including the Department of Defense,” said Sen. Jim Inhofe (R-Okla.), “recognized the importance of fixing the medical malpractice issue in a common sense fashion.” The NDAA now goes to President Donald Trump to sign into law, which is expected to happen in the coming days. More here.

Did we Forget Freedom Fighters Around the World?

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The country is still in collapse and Maduro remains in power. Question is why? Beyond Venezuela, there is Bolivia, Chile, Columbia and even Ecuador where tyranny and socialism is being protested.

Image result for protests in latin america photo Miami Herald

Image result for protests in iran photo The Atlantic
A quick review for Latin America is looking much like the freedom fighters in Hong Kong, Syria, Iraq and Iran.

* Two months after Chile lurched from an illusory calm to a fiery outburst of rage, there is still no sign that life is about to return to normal. After an agreement last month between political parties, the country will next year hold a referendum on drafting a new constitution – one of the protesters’ main demands.

But widespread anger still simmers over inequality, social exclusion and the high cost of education and healthcare. Demonstrators continue to gather across the country every day, and violence often erupts at nightfall.

Chileans have found themselves in a state of uncertainty – suspended between hopes of progress, and frustration over a political solution which seems beyond reach.

* In Columbia: The number of FARC dissidents now stands at around 3,000 combatants, already accounting for more than 20 percent of the 13,000 FARC members who demobilized. This number continues to grow and is likely to keep growing in the short and medium-term. While there are no indications that the ex-FARC mafia will ever reach the numbers of the FARC prior to demobilization, it is clear that the dissident elements are a threat to national security and could become more than just a localized threat within Colombia.

Faith in the FARC Peace Process – This is low, among the Colombian public, among former rebel combatants, and even within the government itself. Unless significant action is taken to reassure those rebels that remain in the peace process, the risk of further desertion is high. Add to this the killing of former FARC members, including some likely carried out by security forces, and the precariousness of the peace accord becomes clear.

Criminal Economies – The criminal economies that sustained the FARC for more than five decades are more lucrative than ever, with Colombia producing record amounts of cocaine. However, the ex-FARC mafia rely on more than cocaine. Marijuana, especially in the violence-ridden department of Cauca is a big earner, while the profits from poppy and the heroin it produces are also considerable. More here.

*After 12 days of nationwide unrest, several Indigenous peoples of Ecuador joined by social organizations succeeded in forcing the government of Lenin Moreno into scrapping a presidential decree eliminating fuel subsidies in the oil-producing nation.

The uprising saw thousands of indigenous people marching towards the capital Quito from different corners of the country. They occupied the city and received unprecedented solidarity from local volunteers and progressive universities, while protesters vigorously clashed with security forces for days around the presidential palace and National Assembly.

“You can call it a war zone. It is ugly, ugly, ugly,” said Margarita, a member of the rescue brigade of the Eugenio Espejo hospital in the Ecuadorian capital Quito, attempting to catch her breath. She had just returned to a health care post a few hundred meters away from the frontlines of the clashes between security forces and anti-government protesters.

President Trump has a huge opportunity to lead the world on the importance of freedom, liberty, capitalism, peace and economies. Secretary of State Mike Pompeo is doing a great job yet the tasks are larger than one person and the Congressional Democrats  and 2020 candidates should be shamed for selling socialism.

FISA, Horowitz v. FBI

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The second hearing in the Senate where Inspector General Horowitz delivered more testimony to the Senate Homeland Security and Governmental Affairs Committee was quite chilling and revealing.
There was a particular exchange between Senator Josh Hawley (R-Mo.) and Horowitz that explains the bias or perhaps even the plotting.

Sen. Josh Hawley, R-Mo., was blunt in trying to get to the bottom of what happened during Wednesday’s Senate Homeland Security and Governmental Affairs Committee hearing.

“Were they just all incompetent?” he asked. Hawley then noted that due to the complexities involved, “it doesn’t sound like they’re very stupid to me.”

Hawley ultimately asked why the members of the FBI would commit such failures to mislead a court multiple times.

“That was precisely the concern we had,” Horowitz said. The inspector general made clear that he did not reach any conclusions regarding intent, but he did not necessarily accept the reasons people gave him during his investigation.

“There are so many errors, we couldn’t reach a conclusion or make a determination on what motivated those failures other than we did not credit what we lay out here were the explanations we got,” Horowitz said.

This echoed what Horowitz said in his opening statement, where he made clear that “although we did not find documentary or testimonial evidence of intentional misconduct, we also did not receive satisfactory explanations for the errors or the missing information and the failures that occurred.”

Horowitz previously appeared before the Senate Judiciary Committee in the aftermath of his report on the subject, but Wednesday’s hearing before the Senate homeland security panel comes a day after the Foreign Intelligence Surveillance Court (FISC) sharply criticized the FBI in a rare public order that referenced his findings.

Horowitz said that both Justice Department attorneys and the Foreign Intelligence Surveillance Court “should have been given complete and accurate information,” adding, “that did not occur and as a result, the surveillance of Carter Page continued even as the FBI gathered evidence and information that weakened the assessment of probable cause and made the FISA applications less accurate.”

So, the Democrats along with the media prepackaged the headlines prior to the Horowitz testimony that the IG report found NO bias. We are now getting more concise and factual information that says otherwise. Seems those on the top floor of the J. Edgar Hoover building opened some old history books on the former Director of the FBI and used several of Hoover’s tactics for all things Crossfire Hurricane and the 4 FISA warrants.

 

Image result for fisa courtThe IG report is teeming with deceit and clandestine maneuvers at the hands of the SSA’s (Special Agents) on the top floor and not those of 7 levels down from the Director level as Comey and McCabe have declared.

The first FISA application: “contained seven significant inaccuracies and omissions.”. None of these were corrected with an addendum or with the 3 renewals.  Contrary to Comey’s constant testimony, the dossier played the largest role in the warrant application and the FBI knew that Carter Page worked as an agent for the CIA to collect and share information on his Russian interactions, yet that was stripped out of the hundreds of pages in the warrant applications. By the way, both the FBI and the CIA as a matter of practice use civilian informants and even top leaders of global corporations to gather intelligence during foreign travels and interactions.

Now, where is the outrage of the pesky now very loyal and dedicated pro-Constitutional Democrats and where is the media on all this? In fact, with the top judge, Rosemary Collyer at the FISA court issuing a demand letter after the IG report and testimony to the FBI, what will the all the clean up measures include and will there be legal consequences for those who lied, cheated and deceived the court? Beware, much of our media, TV and print operates with wild abandon by applying propaganda….the Kremlin would be proud.

Time to Place a Terror Status on Drug Cartels

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President Trump has long pledged to sign off on declaring drug cartels as terror organizations going back to at least March of 2019.

Mexican security forces on Sunday killed seven more members of a presumed cartel assault force that rolled into a town near the Texas border and staged an hour-long attack, officials said, putting the overall death toll at 20.

The Coahuila state government said in a statement that lawmen aided by helicopters were still chasing remnants of the force that arrived in a convoy of pickup trucks and attacked the city hall of Villa Union on Saturday.

The reason for the military-style attack remained unclear. Cartels have been contending for control of smuggling routes in northern Mexico, but there was no immediate evidence that a rival cartel had been targeted in Villa Union.

Earlier Sunday, the state government had issued a statement saying seven attackers were killed Sunday in addition to seven who died Saturday. It had said three other bodies had not been identified, but its later statement lowered the total deaths to 20.

Death toll put at 20 for Mexico cartel attack near US ...

The governor said the armed group — at least some in military style garb — stormed the town of 3,000 residents in a convoy of trucks, attacking local government offices and prompting state and federal forces to intervene. Bullet-riddled trucks left abandoned in the streets were marked C.D.N. — Spanish initials of the Cartel of the Northeast gang.

Given the recent deaths in two attacks, momentum is building and what is taking so long? Frankly, it comes down to the trade deal(s) between the United States and Mexico which has been approved by Mexico, Canada and the Unites States but not ratified yet by our own Congress.

For some context on how easy it is to apply sanctions regarding ‘countering narcotics trafficking’ there is a law titled the King Pin Act. Recently updated this past June, The Foreign Narcotics King Pin Designation Act has 32 pages, two columns of named individuals or organizations.

In part of this law for reference includes:

THE KINGPIN ACT

On December 3, 1999, the President signed into law the Kingpin Act (21 U.S.C. §§
1901-1908 and 8 U.S.C § 1182), providing authority for the application of
sanctions to significant foreign narcotics traffickers and their organizations
operating worldwide. Section 805(b) of the Kingpin Act blocks all property and
interests in property within the United States, or within the possession or
control of any U.S. person, which are owned or controlled by significant foreign
narcotics traffickers, as identified by the President, or foreign persons
designated by the Secretary of the Treasury, after consultation with the
Attorney General, the Director of Central Intelligence, the Director of the
Federal Bureau of Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of Defense, the Secretary of Homeland Security,
and the Secretary of State, as meeting the criteria as identified in the Kingpin
Act.

On July 5, 2000, OFAC issued the Foreign Narcotics Kingpin Sanctions
Regulations, 31 C.F.R. Part 598, which implement the Kingpin Act and block all
property and interests in property within the United States, or within the
possession or control of any U.S. person, which are owned or controlled by
specially designated narcotics traffickers, as identified by the President, or
foreign persons designated by the Secretary of the Treasury, after consultation
with the Attorney General, the Director of Central Intelligence, the Director of
the Federal Bureau of Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of Defense, the Secretary of Homeland Security and
the Secretary of State, as meeting the following criteria:

• Materially assists in, or provides financial or technological support for or
to, or provides goods or services in support of, the international narcotics
trafficking activities of a specially designated narcotics trafficker;

• Owned, controlled, or directed by, or acts for or on behalf of, a specially
designated narcotics trafficker; or

• Plays a significant role in international narcotics trafficking.

III. PROHIBITED TRANSACTIONS

E.O. 12978

E.O. 12978 blocks the property and interests in property in the United States,
or in the possession or control of U.S. persons, of the persons listed in the
Annex to E.O. 12978, as well as of any foreign person determined by the
Secretary of the Treasury, after consultation with the Attorney General and the
Secretary of State, to be a specially designated narcotics trafficker.

The names of persons and entities listed in the Annex to E.O. 12978 or
designated pursuant to E.O. 12978, whose property and interests in property are
therefore blocked, are published in the Federal Register and incorporated into
OFAC’s list of Specially Designated Nationals and Blocked Persons (SDN List)
with the OFAC program tag “[SDNT].” The SDN List is available through OFAC’s web
site: http://www.treasury.gov/sdn.

THE KINGPIN ACT

The Kingpin Act blocks all property and interests in property within the United
States, or within the possession or control of any U.S. person, of the persons,
identified by the President, or foreign persons designated by the Secretary of
the Treasury, after consultation with the previously identified federal
agencies.

So, what is the problem? Actually it is likely the top government officials of Mexico would be sanctioned and the government itself would fall. The other suggestion is U.S. domestic banks would be implicated as well as some city officials in the United States including Los Angeles, Chicago, New York, Newark and Miami.

The consequences are huge but it is time.

HPSCI Minority Report, No Evidence of Impeachment Grounds

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In part:

House Republicans delivered a point-by-point rebuttal Monday to Democrats’ impeachment efforts, claiming in their own report that the evidence collected in the inquiry to date does not support the accusations leveled against President Trump — or rise to the level of removal from office.

“The evidence presented does not prove any of these Democrat allegations, and none of the Democrats’ witnesses testified to having evidence of bribery, extortion, or any high crime or misdemeanor,” Republicans said in a 123-page report, timed to be made public ahead of the majority Democrats’ impeachment report.

The dueling narratives are emerging following two weeks of House Intelligence Committee hearings, where witnesses detailed their own knowledge of efforts to pressure Ukraine to launch political probes as U.S. aid was withheld over the summer. The committee is set to vote on Democrats’ final report Tuesday – likely to be another party-line moment – before transmitting that document to the Judiciary Committee, which holds its first public hearing Wednesday.

House Intelligence Committee Ranking Member Devin Nunes, R-Calif.; Oversight Committee Ranking Member Jim Jordan, R-Ohio; and Foreign Affairs Committee Ranking Member Michael McCaul, R-Texas, penned the minority report, which has been reviewed by Fox News. In it, they broadly defend the president’s actions in the face of accusations he withheld military aid and a White House meeting as leverage to pressure Ukraine to launch a probe involving the Bidens. More here.

***

Each year, the National Defense Authorization Act must pass both Houses of Congress and then have the President’s signature. For the last few years, military aid for Ukraine has been included as Ukraine has been fighting a hot war with Russia. Most recently, President Obama did fulfill the aid to Ukraine but it was all non-lethal aid as his reasons were to not further inflame tensions between the United States and Russia. The 2018 NDAA for Ukraine amounted to $350 million of lethal and non-lethal aid including training, technical assistance among other requests.

It should be noted that Ukraine maintains a military attache at the Pentagon that coordinates planning, war-gaming, training, aid and cyber with our own military experts assigned to Ukraine.

EXPLAINED: How Ukraine Uses U.S. Military Aid (Think ... photo

The 2019 NDAA has $250 million for Ukraine under what is titled the USAI ( Ukraine Security Assistance Initiative). Two other key details of this aid include the assignment of an executive agent responsible for overseeing the aid process. Additionally, the Department of Defense must sign off on the fact that the a small segment of corruption passes a standard set by the Unites States of which those details are is unclear before aid can be released. The DoD and the State Department certified twice that Ukraine had made sufficient reforms to decrease corruption and increase accountability.

Sufficient reforms?

By the way, the 2020 NDAA has $300 million in security assistance for Ukraine.

Yet….that does not settle any other parts of corruption in Ukraine. This is where the major disputes come from between the Democrats and Republicans. Corruption includes sham elections, money-laundering, banking financial fraud and theft and most recently the concerns of the Ukraine naval ships seized by Russia in the Kerch Strait. (Sidebar: Russia did return those 3 naval ships after almost a year and they were stripped of all weapons, equipment and even toilets.They were in such bad shape they had to be towed)

President Trump has long been demanding other nations step up to fulfill their NATO obligations and further he has had major concerns that other countries are not making any substantial contributions to Ukraine. This was the reason for the hold by the Office of Management and Budget to hold for a few weeks the full release of military aid to Ukraine as told in testimony by Mark Sandy who is the national security associate deputy at the OMB. Sandy included in the closed door testimony that there were several requests for additional information on what other countries were contributing to Ukraine and that information was provided to the Trump White House in early September. Trump officially released the aid on September 11. Aid had to be fully released by September 30 according to the law.

With a new president taking office in Ukraine it does stand to reason that the United States take a second look at conditions and the relationship between the United States and Ukraine given that the new president Zelensky was elected on combating corruption in Ukraine.

With all the new conditions and the slow moving parts of our own government, the Minority report of the HPSCI on the impeachment inquiries having no basis does have legitimate points.