The Torch of
Eric Shine
A Sighting from The Catbird Seat
~ o ~
From: “Eric Shine” <apollonianrain@verizon.net>
To: “Karl W. B. Schwarz” <kw.schwarz@worldnet.att.net>, jackie@sweetliberty.com, “Phil Jayhan” <phillipjayhan@yahoo.com>, “George T. Pinkine” <gtpinkine@hotmail.com>, “Mary Schneider” <mary@maryschneider.us>, “mary abel” <marykabel2003@yahoo.com>, Sisyphus1285@cs.com, danny@rbnlive.com, radiolib@aol.com, newseditor@indpendent.co.uk, admin@nologo.org, info@swrc.com, jackblood@hotmail.com, “Mika Spencer” <mikaspencer@labornet.org>, bernieward2@yahoo.com, “Alberto M. Giordano” <narconews@gmail.com>, “The Catbird” <thecatbird@the-catbird-seat.net>, “Sam Hamod” <shamod@cox.net>, fed@feds4justice.org, sharif@democracynow.org, “Thomass Chittum” <t.chittum@worldnet.att.net>, alex@inforwars.com, stevelopez@latimes.com, devvyk@earthlink.net, mike@democracynow.org, “leslie marshall” <lesliemarshall@usa.net>, thom@thomhartmann.com, “david bacon” <dbacon@igc.org>, mratner@igc.org, mdryovage@nela.org, uprising@kpfk.org, johnandken@johnandkenshow.com, “Sherman Skolnick” <skolnick@ameritech.net>, Seadogbj@aol.com, “Congresswoman Nancy Pelosi” <dccc@dccc.org>, gil.reza@latimes.com, gnicolau@aol.com, jvb@truthout.com, mintzj@washpost.com
Subject: Whistle Blower – Congressionally and Presidentially appointed Federal Officer under attack by United States of America/ Department of Homeland Security/ Department of Transportation/ US Coast Guard and others….
Date: Thu, 6 Jan 2005 02:40:01 -0800
Attachment: Transcripts
All concerned Citizens and Patriots
Please stand tall and be counted!
NOW!! Before it is too late for you too.
Take the time to open-up the above TRANSCRIPTS [partial – redacted – even altered] and read them and see what is headed your way.
The Transcripts have been redacted somewhat by the Judge, plus many conversations were held off the record which I was adamantly opposed to. In addition, there are numerous typos are errors [as example “MATSON” should read “MADSEN” which was a US Coast Guard case on appeal and more….].
Furthermore, you must remember at the time of the “proceedings” which were not properly calendared or noticed I was being evicted from my home, under attacks from all sides by creditors and such, in about 10 other jurisdictions and venues all at once, being continuously stuffed under conflicted and/ or corrupted counsel and denied so much as a hearing in any and all courts proceedings while I was being overrun by the “UNITED STATES” [as a valid whistle blower]. This all in so many various forms so that there would be no way for me to enforce my Shipping Articles as valid ARTICLES OF AGREEMENT with the United States.
Plus, the USA put out a BOLO [Be On the Look Out] Warning poster on me even though it had me “captured” in Court and was torturing me with gross violations of DUE PROCESS and human rights. And the “USA” or whatever rogue group of fascists that has now taken if over also seized my vehicle, blocked me from filing an appeal to the Ninth Circuit and so much more.
Our COURTS are being used now as INTERNMENT CAMPS for “dissidents.”
Who needs to “kill” somebody with conventional weapons when a “paper” tiger cuts so nicely. This is what is going on in America right now and anyone who speaks up about anything is in danger. We are all in danger, each and everyone of us.
I implore you all to act now before it is too late.
We’re even now being MARCHED into World War intentionally. Think of your children and stand tall now or they will never be able to.
Layer upon layer of corrupt and corrupting bureaucracy is being created to distance us all further from our Constitution and its Bill of Rights. Our God given rights.
The clear intent at least here, is to “invite” as many DISPUTANTS and parties in on the complainant, or whistle blower, or party seeking redress so that very soon the original complaints are forgotten under a pile of continuing and tortuous behaviors and violations of human rights that are intended to “break” a person so that then you can be “CHARGED” with being “broken.”
GANG-STALKING has become the “official” contemporaneous term for much of what is going on now and just some of the tactics being used by our own Government.
Something that is being taught in each and all Protection and Indemnity Insurance Club Groups.
The American People are under attack.
Worse, Federal Officers who are charged with protecting the people are under attack, and often times doing the attacking.
There is so much more to all of this so do not take anything on its face, but the intent and the desire of this Judge [one of about 15 or more involved in gross human rights violations] to not allow me to speak and to rather focus on “how I feel” after being “keel-hauled” should hopefully be more then apparent.
This and more that is so much worse is what is headed your way very quickly.
I even attempted to report the criminal enterprise going on within the maritime industry and the ALJ stifled me so that I could not be heard.
SPREAD THE WORD.
The Judge “Ordered” me to an unlawful psychological examination and when I appeared with an attorney and video-grapher, “HEIR Doctor” would not carry on the “examination” if it were to be on the record. Sounds kind of odd and actually kind of screwy. [??]
Worse, the Judge took negative inference from the “examination” not going forward “off the record” and said that I must have something to hide. [??] This same Judge spoke of “SOVEREIGN IMMUNITY” as if it were his “ultimate” protection to act like the SADIST that he is.
The Judge eventually ruled to accept a “CONTINGENT” Motion for Summary Judgment filed by the United States of America about 7 months later after more and more tortuous behaviors by some real criminals in black robes. The UNITED STATES OF AMERICA spent untold American Taxpayers money and time [in this war on terror – against me] to somehow “prove” that I was “depressed” or “suffering from” something “else”, that was to again somehow be decided “off the record” without any proper due process or valid charges being brought against me for a violation of law, rule or regulation.
I was even sequestered in a HOTEL for 7-8 months as the US of A prosecuted me for “being depressed.”
The WHISTLE BLOWER PROTECTION ACT has been “nixed” for the entire Dept. of Homeland Security which now also includes the Department of Transportation under its enormous wing. Take a look at the title page for the “TRANSCRIPTS” and you will see the clear “pecking order” and assumption of power by the DHS under Executive authority.
We are at WAR, but it is the American People and our Civil Rights that are in the cross-hairs. As I understand it there is a flow chart for the “NEW FEDERAL GOVERNMENT” which actually places all other “Departments” under the Department of Homeland Security. Is this what CONGRESS voted on?
A sign of the times.
Vertical Integration of the Federal Government under the Executive Branch [King] and the complete and inseparable marriage of the CORPORATE and STATE MINDS.
FASCISM.
The “UNITED STATES OF AMERICA” and “DEPARTMENT OF HOMELAND SECURITY” and “DEPARTMENT OF TRANSPORTATION” and “US COAST GUARD” have brought retaliatory charges against me as a valid Federal Officer for whistle blowing and exercise of my Constitutional Rights as expressed there and in its Bill of Rights.
And sought to DESTROY me for exposing gross corruptions and the general intent and actions of a bunch of PRIVATEERS.
Take a look at “INTEGRATED COAST GUARD SYSTEMS” on the internet and it becomes real clear what is going on.
Packaging of a WAR and War Platforms and training for the rest of the world. WAR PROFITEERING to the extreme.
The ATTACHED Transcripts are of a “Pre-Hearing Settlement Conference” where the “United States” had brought retaliatory counter-charges and a complaint against me for “being depressed” so as to pull me out of Federal District Court and injure complaints that had been filed there against several Federal Employers/ Federal Contractors and the Federal Employees Labor Union for enormous civil, contractual, constitutional and even basic human rights violations.
Wait until you see ALL of the letters back and forth to CONGRESS and others that have been stored on a remote SERVER that are to soon be released, especially in the event of anything happening to me. CD’s have been passed and instructions given.
God Bless America and our People and those of the World.
What is going on in America is out of control and can only be stopped by the American People.
People need to start stepping forward and helping to protect their fellow man [and every woman and child] and especially WHISTLE BLOWERS from the onset of a Totalitarian Dictatorship and system of forced Feudalism that is seizing our Country, our Constitution and soon all of its people in its hold, if not the World.
Respectfully submitted under DURESS as a prisoner of conscience,
Eric N. Shine
For more, GO TO > > > www.martiallaw911.com
Catbird Note: Tune in to hear Eric Shine’s radio program on
The Republic Broadcasting Network
* * * * *
And catch the Eric Shine Interview on Wing T.V
with Victor Thorn and Lisa Guliani:
www.letsroll911.net/images/012105.rm.ram
December 21, 2002
U.S. Intelligence Officials Believe
15 Ships Linked To Al Qaeda
Flag-of-Convenience Shipping Makes Tracking Difficult
American Maritime Congress
U.S. intelligence officials believe that an armada of approximately 15 ships around the world are either under control of the al Qaeda or are in easy reach of the terrorist network to carry out attacks against the United States, according to a page one article published in the December 21, 2002 edition of the Washington Post.
Attributing the al Qaeda connection to statements made by U.S government officials, Washington Post staff writer John Mintz said intelligence experts have identified about 15 cargo ships that could be used by terrorists “to ferry operatives, bombs, money or commodities over the high seas.”
Camouflaged Vessels Make Tracking Difficult
Facilitated by flag-of-convenience registries, U.S. intelligence agencies can lose track of suspicious vessels “which are continually given new fictitious names, re-painted or re-registered using invented corporate owners, all while plying the oceans,” the article said.
Flag-of-convenience countries, such as Panama and Liberia, offer shipowners from other countries an easy way to register their ships, with little or zero taxes, substandard safety, labor and environmental standards compared to U.S. requirements, and with no meaningful restrictions on the nationality of crews.
“As they scramble to keep tabs on the largely unregulated and secretive global maritime industry, U.S. officials have no end of worries about how nautical terrorists could attack U.S. or allied ports or vessels,” the article said quoting government officials. “They [government officials] cite such scenarios as al Qaeda dispatching an explosives-packed speedboat to blow a hole in the hull of a luxury cruise ship sailing the Caribbean Sea or having terrorists posing as crewmen commandeering a freighter carrying dangerous chemicals and slamming it into a harbor.”
Perils of Flag-of-Convenience Shipping
U.S. intelligence officials are preoccupied with the perils posed by “thousands of merchant ships worldwide that are registered in flag-of-convenience nations some of which ask for almost no information from shipping firms that ‘flag’ their vessel with them,” according to the report.
The Washington Post article underscored the ease and the lack of information that goes along with flag-of-convenience shipping.
“Belize allows companies to register vessels online, for example, and countries such as Comoros and St. Vincent and the Grenadines – and even landlocked Bolivia – barely keep track of their ships,” the article said attributing the information to U.S. government officials.
The Al Qaeda Connection
The article also quoted U.S. Navy officials saying that al Qaeda has used one fleet of ships registered in the Pacific island of Tonga to transport operatives around the Mediterranean Sea.
The al Qaeda firm, known as Nova and incorporated in Delaware and Romania, “has for years engaged in smuggling illegal immigrants,” according to the report which attributed the information to U.S. and Greek officials. The Washington Post article further quoted the officials as saying that the al Qaeda string of vessels often change their names and countries of registry.
In February of last year, eight Pakistanis jumped off one of the al Qaeda cargo ships, the Twillinger, at the port of Trieste, Italy, after coming from Cairo, according to the article. “U.S. officials say they determined that the men – who lied about being crewmen and carried false documents and large sums of money – had been sent by al Qaeda,” the report said.
Another incident involving another Nova-owned ship recently renamed the Sara occurred in August when its captain radioed Italian maritime authorities informing them of being forced by the ship’s owner to take on 15 Pakistanis in Casablanca, Morocco, who were menacing his crew, according to the article.
“Although the 15 claimed they were crewmen, when questioned by U.S. and Italian officers, the captain said they knew nothing about seafaring,” the article said. It was also reported that U.S. officials found “tens of thousands of dollars, false documents, maps of Italian cities and evidence tying them to al Qaeda members in Europe, and concluded that they too, were possibly on a terrorist mission.” The Pakistanis were subsequently charged in Italy with conspiracy to engage in acts of terrorism, the article said.
Forged Diplomas – Key To Seafaring Employment
The growing prospects of al Qaeda terrorists infiltrating crews and seizing ships prompted U.S. Navy and Coast Guard intelligence experts to examine student lists from hundreds of seafaring academies around the world, according to the report.
“Diplomas from these schools are needed for work on most ships, and trade in fake certificates is brisk in many port cities,” the article said….
Congressional Hearings
The Washington Post article and a subsequent New Year’s Eve CNN telecast (details follow) were the latest in a round of developments that underscored the threat of the flag-of-convenience shipping and its use by the al Qaeda to facilitate terrorist activities.
Indeed, the issue was aired during the course of hearings held last June by the House Armed Services Committee’s Special Oversight Panel on the Merchant Marine, where witnesses, including U.S. Maritime Administrator William G. Schubert and the U.S. Coast Guard’s Assistant Commandant for Marine Safety and Environment Paul J. Pluta warned of the national security dangers posed by flag-of-convenience shipping.
Flag-of-convenience shipping could “open the door for criminal and terrorist activity that would be impossible under the U.S.-flag registry, or other reputable flag states with high standards like the United States,” Schubert testified. “In today’s environment, we should not compromise our security. In the United States we know who owns our ships, who operates them and who crews them. There is no better assurance to our nation’s security interests than a strong U.S.-flag merchant marine.” [See the June 14, 2002 issue of the Washington Letter.]
The need to know the actual ownership of a vessel is urgent in light of reports that Osama Bin Laden secretly owns a fleet of ships, and also used a cargo vessel in 1998 to deliver ammunition that was used to destroy U.S. Embassies in Kenya and Tanzania, Pluta told the Merchant Marine Panel….
http://us-flag.org/us-flag/wasposusinof.html
For more, GO TO > > > Broken Trust: Tonga
$ $ $
Date: Sun. 27 Jun 2004 12:02:47 -0700
From: “Eric Shine” <—->
To: The Catbird
CC: lcambay@aol.com, news@kpfa.org, news@kpfk.org, cmckierney@sunsentinel.com, jandrophy@bafirm.com, danielbartley@aol.com, danni@pogo.org
Subject: Federal Officer Under Attack by the Dept. of Homeland Security and “prosecuted” for being “Depressed” found “guilty without a trial or hearing” and upon falsified documents and more….. to cover-up whistle blowing.
Alcon [all concerned],
This is about “whistle blower” matters that involve the United States Merchant Marine and the Department of Homeland Security and Patriot Act and numerous gross abuses that have been carried out against myself as a Federal Officer and as gross human rights and civil rights violations…….. under the auspices of the Patriot Act/ Department of Homeland Security……
THE PATRIOT ACT and DEPARTMENT OF HOMELAND SECURITY must be immediately dissolved as they pose the gravest set of dangers to our country and Constitutional rule of law more so then any terrorist group or foreign country……. this was intended and has become the VERTICAL INTEGRATION of the Federal Government and it is happening under our noses and must be stopped immediately before it is too late……… the “FIX” is already in and if not fought now waiting until the “elections” will be far too late……. even waiting for the DNC may be far too late………
PLEASE heed my pleas for breaking this story and getting the information about what is going on specifically in the US Merchant Marines out to the public and about what has been done to me and others under the PATRIOT ACT……… this is not just about me or this valid Federal Service there is way more then this afoot as I have only discovered trying to get matters heard and addressed for myself and others within this valid Federal Service…………………….. our country and Constitution are being stripped from us and Congress and the Courts are abdicating their respective roles to KING GEORGE ….. and even many are assisting in creating this unlawful and un-Constitutional plutocracy within “America”…..
The following is a 100 page compilation of bits and pieces from different documents and letters and more that I am working on “editing” and paring down to send the most important sections to Congress in a 10-12 page letter if possible, some of it may be redundant as it is taken from different works, but hopefully someone with a strong conviction and who wishes to take on a story that makes “Watergate” look like kids playing in the sandbox…… then please take the time to get through all of this.
The attachments or exhibits have been redacted but the “POSTER” or BOLO that the Department of Homeland Security has put out on me is attached as a .jpg that if it does not open or is blocked can be viewed by forwarding the message or calling me with a fax number to forward this and more documents via facsimile.
This is very, very serious about what has been done to me by the DHS and USCG and what I have experienced within our State, Federal District and Circuit Appellate Courts………. all three branches of our Government no longer rest within the control “of the people, by the people or FOR the people….”
Please help get this story out in the press as all of our lives depend on it as there is much more afoot in this year’s elections, and much more riding on what is going on in America right now. The media, our final “protectors” of free speech may be the only way to avert it as the partisan politics have all of these guys/ gals so blinded to what some are doing, and what others are ignoring and not focused on what they are doing themselves, due to the squabbling………..
SEPARATION OF POWERS has been abolished with the PATRIOT ACT and the Department of Homeland Security and both of these Acts and this Dept. need to be abolished……quickly ……. before it is too late……… McCarthy-ism is alive and well and has been taking hormones………..suppression of information is rampant, one only need look at what Ashcroft has done to “public information” that has already been disseminated……attempted to and effectively “CLASSIFIED” it after it has already made it into the “public domain”…….. [case of Sibil Edmonds in San Diego, the FBI translator who translated documents prior to 9-11 that she believes shows that we knew about it before-hand…. and many more], free speech rights and ability to find redress are all being trampled under the guise and auspices of “National Security” and the Patriot Act is being wielded like a CLUB just like during the McCarthy era……… anyone who speaks up for themselves, or others, invokes the Bill of Rights, or anything akin to what a “real” Patriot might do…… things are very bad out here right now and getting worse… quickly……
They intend to STEAL the election “ala” WATERGATE” but on a much more widespread and global scale, fast-track Commerce authority is being used and abused and the Commerce Clause of Congress has now been “nullified” with this and States can no longer contract their own Commerce and so much more…. power is being focused and narrowed quickly and decisively and not for our betterment and protections……
Respectfully and Hopefully,
Eric N. Shine
~ ~ ~
To: Secretary of Transportation Honorable Norman Y. Mineta
Senate Judiciary Committee Members
Senate Commerce Committee Members
Ethics Committee of both Houses of Congress
House Transportation Committee Members
House Government Reform Committee/ Congressman Waxman
From: Eric N. Shine can currently be reached at 714-375-6562.
Re: Petition for redress and corrections by and for Eric N. Shine regarding whistle blowing complaints, false claims by Federal Employers/ Contractors and related issues and requests to Congress for protective custody and immediate relief.
Re: Petition to Senate Commerce, Judiciary and Ethics Committee and both Houses of Congress, and Congressional Transportation Committee, Government Reform Committees and all members of House and Senate regarding these complaints and event revolving around and leading up to this most recent complaint about the U.S. Merchant Marine; continuing reports under Sarbanes-Oxley Act, False Claims Act, Whistle Blower Protection Act and various other related provisions including under general maritime and admiralty as allowed for this Federal Service.
Re: Petition for redress of grievances, and hearings regarding systemic failures encountered within Federal and State Waterborne Transportation Programs of the United States Merchant Marine; specifically toward absence of our proper, valid neutral system of industrial due process for this Federal Service. The proper system known as our Licensed Personnel Board, and the corruptions within important Federal and State Transportation programs by various Agencies and Corporations as Federal Employers/ Contractors.
Re: The Licensed Personnel Board as a line item on Federal Contracts and in Articles of Agreement and is being improperly denied from Federal Maritime Officers by Federal Employers/ Shipping Companies, Federal Employees Labor Union and Federal Agencies for access as required by Congress to and for settlement of all minor or major disputes and as upheld in the past by the Supreme Court.
Date: 06-20-04
Dear Honorable Secretary Norm Mineta and all Honorable Senators and Congresspersons,
My name is Eric Shine and I’m an Officer in the U.S. Merchant Marine and graduate of the United States Merchant Marine Academy at Kings Point. I am contacting each of you individually, and also all of you collectively herein and many yet again, due to your own respective positions as Secretary of Transportation, or respective positions on either Senate Commerce, Judiciary, Ethics and Governmental Reform Committees or House Transportation Committee. This continued contact relates to serious concerns for Federal Maritime Officers and corruptions within the United States Merchant Marine.
The matters I request to present as a Federal Officer affect and bear directly upon matters of National Security and Civil Defense that have been blocked from being heard for several years now by various and concerted individuals and overwhelming directed and collective forces. Many of these forces or individuals rest within positions of authority in both Federal Agencies and in all three branches of the Federal Government, within public corporations, and even within our own representative Federal Employees Labor Union. These individuals are stealing from and misappropriating Federal and State Transportation Programs and Funds of which I again complain of and about, herein and hereby, and who work in unison to cover up the thefts, dereliction of duty, misconduct, abuses of authority, violation of fiduciary responsibilities and positions of trust.
If the present course of action against me by various persons and agencies who are acting under authority of the “United States” continues, I will most likely not survive to tell Congress about what has been done to me, or what is going on in the U.S. Merchant Marine. This is the planned course of action and directed intent of those within the maritime industry who have taken numerous and concerted actions to ensure I would be stifled and never heard from within any proper, neutral forum or absent any undue pressures and influences.
Only Congress can intervene and stop this, especially at this end-point in the game, so as to ensure I actually do survive to tell what is going on within gross corruptions, enormous fraud, theft and criminal misappropriations of Federal and State Transportation Funds and Programs.
I ask my own present status or condition not effect nor delay any hearings in this regard, so to put a stop to continuing false claims that are being filed by numerous Federal Employers in cooperation with the Federal Employees Labor Union and even Federal and State agencies and authorities. Rather, and due to my own position, I respectfully request that some course of action be set to hold hearings and set a course for immediate correction and redress. That any such hearings be facilitated quickly, due to the serious nature of what’s going on, and the simple fact that it does affect and relate to concerns over Civil Defense and National Security.
As a direct result of what’s been carried out upon me personally and where it has now left me I am of course not doing very well. I have found no relief whatsoever from any proper source, and worse, been acted upon all that much more as I only doggedly persist, and only so that Congress might better understand and correct the present state of affairs within the United States Merchant Marine once fully informed. What is being carried out upon me, is well above any “standard” retaliatory practices and its more general intent, as only set out against anyone who may come forward to “blow the whistle” on corporate or governmental abuses, as I have done. Herein it is much worse and much more complex and injurious to not only myself, but also other Federal Officers and even our own Country, as it also involves issues of Civil Defense and National Security.
This incorporates actions by both the Corporations or Federal Employers/ Contractors working hand-in-hand with several Federal Agencies, and in fact even the representative Federal Employees Labor Union and its Federal Trusts, who’ve focused themselves improperly upon me in direct retaliation, only to ensure corruptions and false claims and other inappropriate, even criminal behavior continues unabated and without redress by Congress or more ethical members of our Government, if any truly remain.
I do assign, by this letter and its general intent and only towards proper corrections on systemic failures in the United States Merchant Marine, the desire for the transfer under subsequent written agreement of any and all knowledge, records and information in my possession for interim safe-keeping to be used only toward investigations by Congress to this end. I request custody be in the form of a bi-partisan, combined Committee of both the House and Senate, to look into gross, systematic, systemic failures of our complex programs of protections within the U.S. Merchant Marine as proper chinks in the armor of our Civil and National Defense Systems that are now missing entirely due to corrupt practices.
I request that inquiries and hearings be initiated by Congress regarding dissolution of our proper systems and safeguards for the personnel of the U.S. Merchant Marine, and in regards to and incorporating investigations of all my own previous reports about these failures to agencies like the United States Coast Guard, Department of Transportation, Secretary of Transportation, members of Congress and other Federal and even State authorities who have all ignored my pleas for intervention and investigations and how this could be allowed to happen.
Furthermore, and to that effect, why the abuses and failures within the system that have been reported by me, have been prevented from properly being reported this to Congress or the Federal Government for correction, or to find redress. That the system or “culture” that has allowed this to happen for years now in the face of continuing reports and requests for intervention be investigated thoroughly and corrected.
Not only are numerous enactments of Congress being arbitrarily discarded and overrun, strong protections for whistle blowers are being intentionally ignored, let alone even numerous stronger provisions for Federal Maritime Officers under admiralty and general maritime law.
I have accumulated over 5 filing cabinets full of information and data in this regard, with as many as 20 or more accompanying boxes, 7 CDS and more, as presently held and stored for safe-keeping in an undisclosed location so as to “prove“ the issues of False claims by the Federal Employers. I ask that arrangements be made by the office of Congressman Waxman to facilitate the collection, compilation and investigation of this information in regards to waste, fraud, abuse and gross mismanagement within the United States Merchant Marine and it Transportation Programs and Funds.
Furthermore, I request some level of “protective custody” be coordinated where I might be able to freely and without coercion of undue influence, or under any further threat or intimidations, be able to and in fact facilitated to present the matters to Congress and to the public, and to the media as I see fit. That any “arrangements” be made with the full knowledge and with the cooperation of several media organizations so as to protect the source and custodian of this information and reports which must make it before Congress as a matter of National Security, Civil Defense and toward the general welfare and care of the American people and our proper rule of Constitutional law.
This petition, complaint and appeal involves not only my own rights, but more importantly our individual and collective rights, and wages, and benefits as a valid Federal Service and an entire class of Federal Employees and Federal Maritime Officers. In addition, these issues involve matters affecting Civil Defense and National Security growing from matters of waste, fraud, abuse, gross mismanagement and misappropriation of funds within Federal and State Transportation Programs of the United States Merchant Marine and related programs.
This requires investigation, even a convening of hearings so the corruptions may be addressed and ended and those who have encouraged, concealed or partaken in the corruptions are minimally removed from positions of authority and trust. Most importantly and specifically, toward my own and all other Federal Officers present inability, generally as an entire Federal Service of the United States Merchant Marine to gain access to or have standing in any venue or forum for proper neutral third party resolution of minor or major, individual and/or collective disputes. This is only due to present and long-standing corrupt practices within the maritime industry as a whole that involves all of the aforementioned parties.
The “Licensed Personnel Board”, which is our mandatory arbitral mechanism used, in fact mandated, to settle any and all disputes both minor or major, is a line item on valid Federal Contracts. It is also incorporated into our Shipping Articles or Articles of Agreement that are individual employment contracts of Federal Maritime Officers with the United States formed under the Judiciary Act of 1789. Articles are to be administered in Article III Judicial proceedings and not Article II Executive Agency Administrative proceedings, but our systems of due process, proper representation, and even our own independent Right of Action within the Licensed Personnel Board, or State Court or Federal District court, or even original subject matter jurisdiction in Circuit Appellate and even the Supreme Court have all been improperly dissolved and Federal Trusts to fund the programs and even representation have been misappropriated and stolen.
These Federal and State Funds allocated for this were intended to pay for and provide this Board for well over the last 15 to 20 years or more, all of which, have been absconded by Federal Employers and the Federal Employees Labor Union and certain individuals therein. The last record I have been able to obtain is from a Licensed Personnel Board convening in 1982, even though this process is still the proper forum as created by Congress and protected under general maritime and admiralty law, but also is the contractual statutory process that still exists in theory and text within our Federal Contracts.
Various Federal Agencies are more then complicit in “looking the other way” and in fact actively participating in these improper practices and programs, only so as to make it easier to “manager their own budgets” and not carry out proper accounting practices, budget projections and fiscal management of Federal and State resources and only doing so by injuring civil rights, civil liberties and even civil complaints of citizens, let alone valid Federal Officers, Federal Employees, State Employees and this of course leaves private employees in a much less protected position.
This includes attacks upon and theft and misappropriations of other associated benefits, rights and funds including our pensions and other Federal Employment provisions, even death and injury benefits and more. Programs and funds that are all being denied and stolen from Federal Trusts as paid out to Federal Contractors in the form of Federal Employers or Shipping Companies. Moreover, the dues and fees of Federal and State Employees that are derived directly from Federal and State pay, have also been stolen as were intended to further secure and fund this system of due process for all Federal and State Employees; Union members or not.
Oddly enough because of various actions and programs of “right to work organizations”, those who are not members of unions actually stand a better chance to find representation and legal defense, then any union member who might step forward to end any corrupt practices, as then both the Union and Employers and the complex web of Federal Agencies are then set upon any Union Member who might attempts to find redress.
Our own Union for Federal and State Transportation Employees and Federal Officers has been seized by the Federal Employers and even Federal Agencies who are also signatory to our Shipping Articles in behalf of the United States. Yet, even with all that said, the dues and fees are also being required unlawfully as Federal Maritime Officers are not supposed to, by law and by contract, pay for any representation or employment positions or matters relating to employment, especially to programs and representation that do not actually exist anymore due to absolute corruption and dissolution of our Licensed Personnel Board. This was an extension of 28 USCA 1916 and other general maritime and admiralty law, principles and customs that have developed over the centuries if not even over eons in time.
Worse even, Federal pay is being required and requested to fund illegally political action “funds” for the unions, from both Federal and State Officers and used in indiscriminate manner for Federal and State elections, much of which is even being pocketed by the unions instead, and are abuses of the PAC type programs and other systems.
Federal and State Employees are not supposed to take any “official” position, or worse even, any “unofficial” position toward one political party or another. This stands both individually and collectively and is in strong contrast to accepted principles and norms that have long been held in this country, up and until the last several years or so.
It is one thing to donate private “time” to an election campaign of a certain candidate, or certain political party, it is another thing to take any portion of Federal pay or of a Federal position and contribute it to a PAC that is stolen from, and used to pay for advertisement and more of certain candidates or even certain parties.
Worse, Union funds are being used to promote political campaigns of certain elected Government Federal Officials, rather then using funds to promote the general welfare, rights, benefits and needs of Federal Officers to all of Congress. Pictures of Congressman and others are being run within our own Union publications, as promoted by a Federal and State Employees Labor Union advocating for, in fact promoting specifically certain Federal candidates.
This is an abuse of soft money and even PAC money restrictions that should not be going to any individual official, nor any specific campaign, but especially from a Federal and State Employees Labor Union without any directed and specific vote of the membership, if carried out at all.
Our contracts are issued and in fact created by the “United States” on our behalf and technically speaking, especially for Federal Maritime Officers, under admiralty and general maritime law and age-old customs we are considered as “wards under admiralty” to Congress and to the Courts, but this is not how we are being treated at all. So if we are “provided for” properly within our contracts or Articles of Agreement with the United States, as administered under General Agency Agreements by the Shipping Companies, then why do we need to “advocate for” any political party or candidate.
We are to serve the Nation without partisanship and the United States under admiralty and general maritime law is to provide for us so we may focus on doing our job in protecting our borders, trade, commerce, shores, people and then “privately” vote our conscious in an election. This is only being carried out as another unlawful and improper tax against Federal Officers and is being sold to Federal and State Employees as a need to get Congress “to listen” to our needs.
The Federal Employers have seized absolute control over all processes and our Federal and State Employees Labor Union has become more like the “company store” of old mining towns where the absolute control over all goods and services was tightly controlled, so that no miner could gather enough gold so as to escape from the gold towns and rise above and beyond the trappings of gold fever that sent him there in the first place. To build a better life and work hard toward some future.
Now our own Federal Trusts are being robbed blindly and taxed improperly as many became Federal Officers at a great expense to themselves and at great expense to our Federal and State Treasuries. Only to then be trapped within the “company store” of these Federal Employers, Federal Employees Labor Union and this general attitude now carried out within this and many other industries and if you might speak up about things like “taxation without representation” then the entire system of all these “corporations” is brought to bear down upon you and you are used as an example to all.
More importantly, what is going on and has been for some time now in regards to the absence of our Licensed Personnel Board, is akin to the United States Military losing its Uniform Code of Military Justice, and the Courts and system to promote and enforce it. Let alone the constitutional due process rights, or even the benefits that are therein derived and guaranteed.
This is how serious, and in fact a perfect analogy for what is going on with the U.S. Merchant Marine. It is being carried out to deny proper benefits, pensions, even due process and more, then to figure out complex programs of fraud to pocket these benefits by the Federal Employers, Federal Employees Labor Union, Federal Government and others. To even misappropriate and in fact divert funds intended for the benefits of Federal Officers toward other and improper ends is a Federal Crime and in this case is so treasonous against our own Bill of Rights and Constitution it should not be left unpunished individually or collectively, or in fact against any of those in charge who have been complicit in all of this.
This is being carried out so various Federal Employers, respective Federal Trusts, even our Federal Employees Labor Union may avert black letter law and its inescapable responsibility to properly fund Federal Trusts and programs as paid for under specific subsidy laws in trust to them, in order to provide for Federal Maritime Officers. Instead, even worse to misappropriate funds, and divert responsibility to other programs of the Federal and even State Governments at an enormous, even exponentially rippling expense to all other programs and the national economy in general.
Our economy is on the verge of imminent collapse as everyone is “doctoring the books” and this includes numerous Federal Agencies and Authorities.
These Federal subsidies for the United States Merchant Marine are not to support an ailing industry, or to “subsidize” a private corporation, as some may profess or believe. These Federal Funds are paid out in Trusts intended to pay for services and benefits of Federal Officers who are stationed onboard all these vessels for good reason.
Why do you think that all those within Federal Executive agencies are in such a rush to “outsource” or “subcontract” Federal and State positions? So they can set-up “General Agencies” under contract with the Federal Government just like has been carried out in the maritime industry, but where its intents have been so corrupted.
This so that those with experience like with these “programs” [like George Bush/ Zapata and the Texas Rangers, Secretary Snowe with CSX] with both “Collective Bargaining” via baseball unions, “General Agency Agreements” via shipping companies, and other such programs may “set-up” franchises to unlawfully and improperly “tax” the American people into eternity. Did we not finally break ties in the Second Continental Congress with England because of these very same tactics of “taxation without representation?”
Due to complexity involved herein, specifically in how we are paid, and where and how it is derived, we are in fact not being treated as valid Federal Officers, because of the “corporate culture“ ala “Enron, Tyco, WorldCom, Global Crossing, Dynergy, Haliburton“ and others that has become so pervasive and so corrupt as to point toward this imminent collapse.
Yet we are valid Federal Service, not a corporation. Officers onboard any vessel of over 50 tons have been considered Federal Maritime Officers as working under Articles of Agreement with the United States since before 1789, when it was finally incorporated into our own Constitution under “Articles of Agreement“, under paragraph 26 [I believe] of the Judiciary Act.
This was reaffirmed in the Merchant Marine Act of 1936 that incorporated the Federal Employer’s Liability Act, even the Railway Labor Act into admiralty and general maritime law and into the Jones Act along with all common law provisions. None of these protections are being guaranteed by the Federal Employers, Federal Employees Labor Union, the appropriate Federal Agencies, or even our own Courts right now as I have experienced personally and to such a degree as to be Constitutionally disturbing. Preemption is the “Order of the day” or “lack of subject matter jurisdiction” or some other means to “not be able to get at the controversy to decide something.”
As but one simple example of what I speak of regarding even misdirection to other programs, various Federal Employers/ Shipping Companies use Social Security or State Disability Programs as diversionary benefit programs, rather then pay mandatory “maintenance”, “cure” and “unearned wages”, which is of course substantially higher only as provided for under proper subsidy programs paid out by the Federal Government to provide for these Federal Officers and Service.
This is being accomplished so Federal Contractors/ Shipping Companies may keep funds and thus maximize profits improperly off these Federal Trusts, rather then cover these benefits for these Federal Officers as funded to do.
So why the rush to “privatize” the army like those guarding Paul Bremer in Iraq?
Far worse, is the absence of the very core program of mandatory due process pressed upon the Federal Employers to address any and all disputes known as the Licensed Personnel Board. This Board, to be set-up and function neutrally, is to handle any and all disputes over pay, vacation, working conditions, medical benefits and others rights like even “maintenance” and “cure” and “unearned wages”, but they are also being diverted with the enormous funds being stolen.
Our own Pension funds are being robbed blindly and denied from us continuously as has occurred in direct retaliation even within my own set of circumstances.
Even guarantees set by Congress over death and injury benefits afforded to seaman as Federal Officers, similar to what is granted for railway men, are being denied and even then stolen from their families. This is part of our Civil and National Security Defense Programs and web of protections that even now the Department of Homeland Security, Patriot Act, Tom Ridge and others are playing out upon the American people so as to deprive us all of the Bill of Rights for work place disputes, that are intended to not only prevent abuses, but to ensure that our Constitutional rule of law pervades all aspects of our society.
In our situation it is all that much more important as a valid Federal Service, akin to and just as important as the Railway Employees where even now “Tom Ridge” is trying to find “another way” to attack the protections of these employees who are not considered Federal Officers as we are. Any and all neutral forums and Board, like even the National Labor Relations Board have all been corrupted and are as dysfunctional as the “intelligence” or lack thereof coming out of the Central Intelligence Agency now-a-days, and only because of the lack of proper protections in-keeping with the Bill of Rights for all employees let alone Federal Officers.
Problem is the “intelligence” can not get to those in charge, as it is being intentionally “blocked” so that some other “program” may be orchestrated, rather then fixing real problems like our Licensed Personnel Board.
I am not a C-O-M-M-U-N-I-S-T……. I am a R-E-P-U-B-L-I-C-A-N and graduate of a Federal Service Academy and P-A-T-R-I-O-T that realizes that suppression of First Amendment Rights is not good for the safety or security of our Country or the continued rule by Constitutional form of law and governance.
The Federal Employers, Federal Employees Labor Union and numerous unscrupulous lawyers have even applied for, and attempted to seize death benefits for themselves and not the families of the dead or injured Federal Maritime Officers or seaman. This is especially so for those who have no family.
This is an extremely unsafe position for our country and transportation and infrastructure programs to be in, especially now with the “War on Terror“, let alone to be allowed at any point in time. Not only have we let our guard down in so many regards, but much of this is coming from corruptions within our own complex systems that have protected us all for some time now, but our system and processes are in a major state of decay and corruption that must be ended.
Part of the problem is the lack of proper training, something of which cannot be carried out with this attitude of “warm body syndrome” that is only a part of corporate culture now so pervasive and strongly enforced only so as to steal pensions.
Outsourcing is now the same game and only being used to steal pensions and lower working conditions, pay, benefits, even separate us entirely from our most sacred document, the “Bill of Rights.”
These actions are creating a culture of class-warfare and civil unrest like nothing ever before seen in American history unless one wishes to march back 100 years to a time of similar unrest, when after decades of violence and corrupt practices of the Robber Barrons at the end of the 19th century, finally in the 1930’s Franklin D. Roosevelt brought the Bill of Rights to the majority of workers in the work place and home.
Our industry directly affects “commerce” and “transportation”, and Congress has mandated that any and all disputes, minor or major, either individual or collective within an industry as such, are to be taken care of within, in our instance the Licensed Personnel Board, or each industries own respective system as instituted by Congress.
A program that is now also being diverted so Federal Employers collecting Federal and State Transportation Program funds may keep as much for themselves, along with our own Federal Employees Labor Union and whatever corrupt forces are really driving all this.
This is occurring so rather then pay for and provide as required proper impartial process to have any and all disputes handled before a neutral third party and board, and as required by Congress and the Secretary of Transportation, both the Federal Employers and the Federal Employees Labor Union may control our entire system to set-up complex programs of labor racketeering, theft, collusion, and other illegal programs and rackets.
The Licensed Personnel Board is intended to function akin to the Railroad Mediation Board and includes issues of short-term and long-term disability benefits, death benefits or even pension benefits for those injured and who can no longer work. In fact it was set-up under the Railway Labor Act as expressed within the Merchant Marine Act of 1936.
As a prime example, the Department of Homeland Security/ United States Coast Guard has now “prosecuted me for” being “medically/ mentally incompetent” without a hearing and even while falsifying documents and medical records and worse, and are denying me my pension. So they want to have their “cake” and eat it too. This is one reason why the Pension-Welfare-and Benefits Administration, Earned-Income-Security-Act and other Acts of Congress and each organization thereupon were set-up, including even Social Security, but are now only being used as means to block access to benefits, pensions and more.
So I have been declared to be medically/ mentally incompetent somehow, but because the Federal Employers and Federal Employees Labor Union control these Federal Trusts they have “seized” my full, federal pension that I should be due, for them encouraging and helping an improper Federal Agency to declare me to be “unfit for duty.” This is akin to a Police Officer being shot in the line of duty, then being never able to work again and his pension being denied from him, one way or another.
The Federal Employers are using “ERISA” as an administrative blockade of process and procedures and guidelines and milestones that must be met to attain a Federal Pension as controlled by Federal Employers under General Agency Agreements. The Federal Employers and Federal Employees Labor Union and Federal Trusts have “set the rules” so that one must have “ten years” of vesting credits before one can get any sort of “disability pension” only so they can again “pocket the money” and anything individuals have paid into these programs over the years, and the Federal and State Funds paid to properly pay this out. What is far worse is the Federal and State Governments, love this, and worse are actively participating in this!
This is similar to what the Department of Homeland Security/ United States Coast Guard has carried out against me personally and in an arbitrary and capricious manner, by somehow determining my rights in regards to my own employment as a Federal Officer in the U.S. Merchant Marine, as separate and distinct Federal Service. The DHS/ USCG has stepped in unlawfully to “settle and decide a labor dispute” improperly, and declared me to be “medically/ mentally incompetent” without so much as a hearing and only in retaliation for continued whistle blowing about what is going on in the maritime industry within the Federal Employers and Federal Employees Labor Union and others.
Now, any individual who attempts to seek redress or gain access to their benefits, are not only being blocked from the Licensed Personnel Board [of course since it no longer exists], but then a combined effort by both the Federal Employers and Federal Employees Labor Union is orchestrated to blockade any Federal Officer from ever being heard within either State or Federal Courts. Worse, as a graduate of Kings Point, I ran for elected political union office against those who are carrying out these corruptions, who have turned the proper programs on their head to try and shut me up about what is going on by invoking the DHS/ USCG down upon me in retaliation.
The longer this has continued, and the deeper I have been forced into the bowels of these corruptions, the more I discover and the more pieces of the puzzle I put together to discover not only how corrupt all this and how many parties are involved, but how complex and long-standing of a program it really is.
The Federal Employers/ Shipping Companies use other administrative and adjudicative processes like even the National Labor Relations Board, Office of Administrative Law Judges of the U.S. Coast Guard and other Executive administrative agencies to improperly decide labor disputes, deny access to our benefits, or even determine other portions thereof by “Summary Decision“, rather then provide our proper, neutral Licensed Personnel Board and the benefits that would there from be derived.
These violations, in contrast to the Bill of Rights and proper and timely due process, are the most fundamental and treasonous forms of fraud that can be carried out or deprived from any American, let alone a Federal Officer, but worse our own Federal Government even in the form of Congressman and Senators are cooperating in all of this.
This is not being carried out as they are contracted to do for us, by the United States under various Federal and State Transportation Programs, or to look into and correct as properly elected “Representatives“…. “…of the People, by the People, and for the People.”
This is nothing less then theft of due process and constitutional privileges, first amendment and all other rights within our own Bill of Rights and should be considered very seriously, in fact treasonous by any and all Congressman and Senators who believe in our Constitutional form of Government and their own positions as guardians of and representatives of the people.
Are our own Representatives that scared of what is going on in our own country? Or is there something much deeper going on within our country right now and has bleed over from the corporations into our own Government that is to stop,end and prohibit these types or violations. As stated, this is akin to the military losing the Uniform Code of Military Justice and I am sure if Congress found out [or the Media] that the UCMJ and its courts and processes were missing, that heads would roll for quite some time to come.
Why should we, as valid Federal Officers in the United States Merchant Marine, a service which lost more personnel then any other service in World War II [save the Marine Corps] be treated in such a disgraceful manner for service to our country?
We have for too long now been misunderstood and denied proper representation within Congress, for our benefits and other rights that are being stripped from us by the band of rogues who have stolen control of Federal Trusts, Federal Employees Labor Union and related programs to so to their own ends which is not about democracy or rule of law, but about greed.
Moreover, as a cost-effective means to save money of our Federal Treasury, the Licensed Personnel Board was set-up to hear any and all disputes as stated, both minor or major and do so within 30 days or less and guarantee the access to and that the funds appropriated went to the Federal Officers and not to create enormous International law firms to defeat admiralty and general maritime law for individual seaman and force us all under “conflicted” representation and even counsel.
This is, as required by our Articles of Agreement and is protected by general maritime and admiralty law, in fact the U.S. Constitution. Articles of Agreement or Shipping Articles are much more then simple individual maritime employment contracts and are direct agreements with the United States itself, just as intended and set-up for Ambassadors and others by Congress. That is why they are called Shipping Articles or Articles of Agreement.
In my own experience, within Federal District Court alone, two complaints have been “preempted” in order to send me back to a process that does not exist, and only preempted under “collective bargaining laws“ that are supposed to be inapplicable. Only because my Federal Employees Labor Union worked collectively with Federal Employers against my ability to be heard in Court. Worse, I was sent back to a process that does not exist and the Courts denied motions to compel arbitration that were brought against the Federal Employers and Federal Employees Labor Union by me, leaving me with no means whatsoever for redress.
So “preemption” which is intended to send someone back to the “agreed upon process”, but is only to occur within certain parameters, as in our instance if a suit were brought within the first “30 days” and not allowed into the contractual, statutory process of the Licensed Personnel Board, then a Justice, and any party could request and a court order the matters to “first” be adjudicated from within the proper process. But herein it does not exist anymore!
Rather than look at, understand or care to understand what the contracts before the court actually were, or hear from the “horses mouth” about what was going on, the Judge [several if not numerous Justices actually] “held me in court in detention for years” [of which is still going on]. The Justices did this only so I could never be heard from and in fact “driven” from the Courts “screaming madly” about what I had been put through.
So now, rather then use “gas chambers” our own Government is using just plain old “oak-lined chambers” to carry out a program of social engineering against anyone who might complain, or might file a grievance; a petition for a redress of grievances; write a whistle blower letter to each, any or all of the three Branches of the Federal Government; or discover something so disturbing so widespread so fundamentally and in fact Constitutionally unsettling that it might require an individual, let alone a Federal Officer to place his life and limbs at risk to expose what is going on.
Now, not only are we blocked from receiving our proper benefits, pension rights, maintenance and cure, unearned wages and more, but every administrative process imaginable is being used to deprive us of as much as possible, if not more. To even deprive us of our own lives if possible by pushing these denials to an extreme, and just in case we figure out far too much, as I have done.
Our own lawyers and “Representation” within Federal Employees Labor Union are then even used against us, so that the union does not have to properly fund its own portion of the Licensed Personnel Board or other benefits and rights, or like legal aid that it is required to be provided for and from under our own Federal Medical Plans – Legal Aid Program, or even within the Licensed Personnel Board. Instead our own legal aid and representation is being used against us so we can never gain access to the Licensed Personnel Board and even by declaring improperly by use of conflicted attorneys, and pre-judging that our grievances “lack merit” which in these circumstances is inappropriate.
In this industry any and all grievances and disputes are to be handled in this very specific process as required by Congress and the Federal Contracts. This is a strong attempt to use our own Federal Employees Labor Union and its strong resources as now controlled by the Federal Employers, and even Federal Maritime Authorities within the Federal Government to drive down our working conditions, pay and benefits so that all parties including the Federal Employers, Federal Agencies, Federal Trusts, Federal Employees Labor Union and many individuals may all benefit themselves from deprivations carried out upon this valid Federal Service.
This is worse than “taxation without representation” and it is a criminal conspiracy that stinks to high heaven and is undermining not only issues of Civil and National Defense, but the continuation of Rule by Constitutional Law and our own form of government as prescribed and in fact instituted “….OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE” of our country.
This is akin to “Watergate” but a more appropriate name for what is going on as it is being driven from the top down, might possibly be “Flood-gate,” because as it stands right now nothing will be able to contain the flood of corrupt practices and their exposures that are set to crash our markets and cause such calamity as to be unimaginable, unless Congress steps forward and begins to act quickly to stem this tide by correcting problems that are reported to it, like those herein in regards to the valid Federal Service of the United States Merchant Marine and its associated Federal and State Transportation Programs.
State Courts are even being used, as are even Federal District Courts and any other adjudicative body imaginable, and those bodies are being used as “detention centers” even for Federal Officers, and are also being improperly taxed and at an enormous expense to the Judiciary. Something of which is no longer being properly funded by Congress.
My own experiences as a perfect example of what is going on, although my own experiences may be a little more extreme due to my strong convictions and stance against the corrupt forces within the Federal Employers, Federal Employees Labor Union and other involved parties. Other numerous programs are being unlawfully taxed by this process and one reason why our courts are shutting down in its services to all “average” Americans. “Of the people, by the people and for the people” has been redefined and reinterpreted yet again so as to narrow its scope back to almost its original conception of “people” as being a “man”, with a “horse”, who “owned property” and not the extensions to all, male, female, black, white, rich, poor and basically all “citizens” of consenting age.
When was this “changed” by Congress? All of this is being carried out, so the Federal Employers and Federal Employees Labor Union and others may work to carry out repetitive summary decisions in Courts against a citizen’s, let alone Federal Officer’s rights to be heard and even free speech and other Constitutional provisions, and all against such impossible odds. I am now being treated as a terrorist who might somehow “spread” such insightful doctrines somehow, as even a “B-O-L-O“ has been put out on me stating that I “may be dangerous“.
All this to only further deny Federal Officers access to any, if not all of our own benefits even within Courts at an enormous and unnecessary cost, rather then properly provide for pay, benefits and other rights of this valid Federal Service and our own due process and free speech rights.
How the specific Justices are even being involved in this process or contacted, or assigned is unknown, but what I have been through and experienced makes it very clear that games are afoot within not only administrative processes within the Courts like the ALJ‘s, but also adjudicative processes within our Civil Courts that are not in keeping with the Bill of Rights, due process, free speech, and many other inalienable rights. I cannot and do not want to believe that all Federal Justices or Appellate Court Justice abuse authority as I have experienced, yet there is no oversight on these rulings by the Courts, that are not even close to “in-keeping” with what Congress has enacted and set forth in plain English.
These events are akin to the those which occurred in the 1960’s and caused such severe civil unrest, but now it is much different as the borders are porous and illegal immigrants are being encouraged to break immigration laws and in fact facilitated in their efforts.
Right now, there is no real system of checks and balances over the judiciary and they are, from my own personal experiences, clearly rewriting not only the laws as set forth by Congress, but even eradicating our own Bill of Rights and Constitutional Rule of Law and I have an inordinate amount of proof to show this and exhibit to Congress exactly what is going on, just from my own experiences in a Federal Service that is the most protected class of employees, other then possibly Congress itself.
The District Courts have even abdicated its own proper adjudicative roles as the Constitutional Judiciary, and done so willingly to the Executive Agencies under Article II proceedings that are more then improper, in fact un-Constitutional.
The Administrative Procedure Act and other laws are being abused so as to even shut down an entire Branch of the Federal Government created under Judiciary Article III and press any and all adjudicative matters under Executive Article II proceedings.
We are not only now living under a modern day “King” but a plutocrat corporate form of governance that has dissolved the Separation of Powers and in fact replaced it with a form of “vertical integration” from the corporate mind-set as crafted into the U-S-A….P-A-T-R-I-O-T Act and in fact the Department of Homeland Security.
That is nothing less than “W-A-T-E-R-G-A-T-E” but instead of being imposed upon a “hotel”, eavesdropping has now become “legal” not only in our “hotels” but throughout our Nation as a whole and in fact the world. Programs like Carnivore and others for “information mining” are being abused and individuals targeted, just like in the McCarthy era, as has been carried out upon me to an extreme and I am not only afraid for my life, but afraid for my country.
Specifically for us, benefits are being denied arbitrarily and even within the courts, as are paid out under Federal Trusts to Federal Employers, Federal Agencies or Shipping Companies as intended for Federal Officers. This only due to political and financial connections and corruptions within the “system“. This is one reason this whole “subcontracting” and outsourcing craze of the Federal and State Governments, is so very, very dangerous and to such a high degree, more then inappropriate.
In our own set of circumstances, which predates much of what is going on with Haliburton and other companies involves the theft of hundreds of millions of dollars that are being pocketed by even diverting Federal Officer’s benefits improperly to other programs, rather then provide for them as funded to this specific, unique industry to fund Federal Pensions, Federal Benefits, Federal Employment Rights which are being stolen on a daily basis.
Of course, even then so as to also be denied benefits from also those other programs that Federal Officers are diverted to improperly, especially so that anyone who figures out this complex web of fraud, will never survive to tell about what is going on. Let alone last long enough to figure it out, if they are truly as unlucky as I have been.
Due to my own allegiance toward God, Country and Constitution I must persist in my own efforts. Even now Greg Spotts, details in his upcoming DVD release of “Jobs in America” how individuals are desperately running from charitable organization to charitable organization so as to find “medicine” they need to stay alive, let alone what they’re being put through with outsourcing, theft of pensions, benefits and more from entire industries and towns as a whole.
This cannot continue, especially with a flood of illegal, undocumented workers whose burden upon the system is only being hidden by playing with one batch of statistical date or another, only so as to so agitate, deprive, upset and place into positions of such conflict, our entire American populace so that we are lead into War just like the German people were prior to and during World War II by the very same type of programs.
This is clearly what is going on and whether it is intentional or “circumstantial” this is what is clearly what is going on right now and must be averted by those in Congress who are more ethical and understand the long term ramifications of much of what is only now barely being exposed from under this Administration of Secrecy and Oppression.
This is all, for us, carried out at an even greater expense to the Federal Treasury, especially when cooperation of the Department of Homeland Security under abuses carried out under the PATRIOT Act and use of even US Coast Guard Federally Commissioned Officers, are being used to grossly violate my own human and civil rights.
In fact, to so violate someone’s human rights in the hope of causing their death, one way or another, as they have attempted to clearly carry out upon me. Worse, if the various corrupted parties can cause a heart attack, a suicide or some other pressured catastrophe, they move back in thereafter and file an amicus brief within improper, retaliatory USCG proceedings only finally upon the death of any such unlucky individual, and call for a dismissal of charges that were, as they put it in other instances themselves “inappropriate anyway.“
In this way this game may continue to be used on others who have been seized upon unwittingly, or who attempt to challenge this corrupt system, or even run for elected political union office who are not part of this “good ol‘ boy system.“
Seaman and Federal Maritime Officers no longer need sirens or pretty mermaids to crash them and destroy them upon the shores, as we now have the Protection and Indemnity Insurance Clubs and so many other players to work to injure, affect and destroy Federal Officers who might speak up about what is going on.
The Department of Homeland Security has prosecuted me for over the last year at great expense to many parties and programs, for being “medically/ mentally incompetent” and without so much as a hearing.
Plus, the DHS/ USCG have seized medical records, falsified medical records, put out Bolo’s [BE On the Look Out] warning posters on me saying that I “may be dangerous” and more.
Worse, by even doing this now, the Federal Employers, Federal Government and others are able to even decide who gets to run in the elections and actually “represent” the Federal Officers and who is booted from the union, or even the industry and Federal Service, even life if they can keep at it long enough if they are not discovered or stopped by someone with some high level of ethics and intelligence, that can start asking some tough questions and more importantly demand and find answers.
The Labor Management Reporting and Disclosure Act of 1959 and other laws were supposed to prohibit these types of activities, so no “administrative proceeding” would extend beyond any 4 month period in time, but the courts are ignoring this and so many other laws as set forth by Congress. This Act was set out by Congress in response to gross levels of corruptions between Employers and Unions and in this instance is even more important due to the fact this is a very unique Federal Service that is controlled more by the Corporations then it should be, or was intended to have by Congress.
The Whistle Blower Protection Act and even Sarbanes-Oxley Act were also supposed to assist in prohibiting this type of behavior and ensure oral due process hearings, but I have been denied a due process hearing in every single courtroom I have been within, even on a Civil Rights complaint that was finally filed in this regard. In fact Summary Decision under Rule 56 C [?] is being used to overturn the Bill of Rights and Constitution and deny the ability of the individual bringing any action to ever be heard.
The Judiciary, from my own experience, and trust me it is enormous with State, Federal and Appellate Tribunals, has become a rogue Branch of the Federal Government that is no longer following the written black letter law as set forth by Congress, but is in fact re-writing the laws itself, by and through interpretations that are in direct contrast to the written simple words of Congress.
Worse, no one is holding them accountable for this and numerous Justices as I have even experienced myself are given such latitude that numerous abuses of authority are occurring in our Courts on a daily basis, unless the media might be watching due to pomp and circumstance and celebrity.
Congress is supposed to write the laws, the Executive carry them forth and set policy to ensure that all are treated equally under the laws as prescribed by Congress. The Judiciary is supposed to apply the laws and provide redress of grievances as written and intended and the Supreme Court decide any issues of Constitutionality.
The Courts, as created by Congress and the Rules of Civil Procedure, Rules of Appellate Procedure and more are not following Congress’s simple language or intents and is in fact being used as a detention center for anyone who complains. Worse access to information from under the Patriot Act including medical records, credit cards, financial health and much more such data is being compiled and accessed and used to determine how long and how best to exhaust anyone who might complain and seek redress or blow the whistle, in the identical mind-set to Senator Joe McCarthy who worked hard at destroying many innocents.
As but one example for myself, it has been ruled under former precedence that general maritime, admiralty law, and our Articles of Agreement cannot be “preempted” by Collective Bargaining Law or the Labor Management Relations Act, because Congress has empowered us as Federal Officers with the Jones Act, but also under 28 USCA 1916 with the individual independent right of action to present and prosecute complaints and appeals in our own name.
Moreover, since the “United States” is the employer through a complex maze of programs Congress and the Courts have held that one cannot “contract out of” admiralty or general maritime jurisdiction. Yet, I have been “preempted” from the Licensed Personnel Board for obvious reasons by the Federal Employers and even my “own“ Union, and also preempted from State Court, and “preempted” from Federal District Court, and even now preempted from Circuit Appellate Court by “administrative processes” of the DHS/ USCG, or the Appellate Circuit court itself.
Actions, in fact direct retaliations that are intended only toward stifling me by declaring me “medically/ mentally incompetent” so I would never be heard nor believed about what is going on and what I have experienced. The District Courts finally even sent me back to a process that does not exist, even though I am being denied from this process by the Federal Employers and Federal Employees Labor Union, and only because it does not exist anymore.
The Courts are cooperating in not only these injustices by refusing to allow me to speak and repeatedly so, but the corruptions of process and procedures as no one is holding them accountable and they relish in their own self-proclaimed “sovereign immunity.“
This is but an example of what is so disturbing in what is going on right now and it is a clear intent to “preempt” any and all disputes, and not just my own, from ever being decided and especially on the merits, by a neutral and proper forum. This is antithetical to our own Constitution and Bill of Rights and our Courts have become hostile to petitions for redress, especially if the Federal Government is involved in any way.
This is one reason why the use of “third-party-neutral” arbitration and Boards are the Public Policy of the Federal Government, of which the Federal Employers, Federal Employees Labor Union, Federal Trusts, Department of Homeland Security, Federal Courts and even Appellate Courts all argued against and in fact denied. So even though our contracts are individual Articles of Agreement between each Federal Maritime Officer and the “United States” we cannot enforce them, since they are administered by corrupt corporations and a web of administrative process that would make kings of old seek out the guillotine to ease their own pain from any attempt at navigation through it all.
The DHS/ USCG ALJ even boasted of such “sovereign immunity”, something that does not apply under the Administrative Procedure Act as it has been specifically disallowed therein, or especially admiralty and general maritime law, even the Whistle Blower Protection Act, False Claims Act and more.
This seems to be the ever-increasing “opinion” of the courts. Please bear with me as what I have uncovered and discovered in all of this, is not only very complex, but truly very, very disturbing, especially for me as a Federal Officer and Patriot but is not just about me, or our benefits and programs as Federal Officers. This is about you, your children, your grand-children, your Country and your own Constitution.
I have substantial proof of all of this, on just how State and Federal Districts and even Appellate Courts are being used in this regard and other regards by the corporations and even Federal Agencies, and just from my own personal experience within the Ninth Circuit appeals of 03-55935, 03-55937, 03-55938, 03-57025, 04-70763, 04-71187 and all underlying and related cases, where I have attempted to bring forth myself in this regard.
This also includes retaliatory counter-actions, or counter-complaints against me by the Department of Homeland Security in USCG case # 1671475 or S/R proceeding of 03-0166 that were filed against me under the PATRIOT act only to pull me out of civil court.
Worse, and in fact to intentionally injure civil complaints brought by me against the Federal Employers and Federal Employees Labor Union, and only so as to deny me the ability to file or prosecute those complaints or appeals or find any level of redress. Worse to even then rule upon those very same complaints under administrative process of a separate Federal Agency of the USCG, only so as to deprive me entirely of any and all remedies only in further retaliation.
Prior to even these improper counter-complaints filed against me by the DHS/ USCG for “medical/ mental incompetence“, I had also filed a whistle blower complaint with the DOT I.G myself as represented by complaint # 03-7045 [I believe is the number] of which was never investigated by anyone at all and “dismissed“ as something the DOT I.G. had “no interest in investigating“.
Even now the offices of both Senator Boxer and Senator Feinstein have informed me that they “lack jurisdiction” to help or assist me or to properly investigate what is going on. How can this be?
Only because the PATRIOT Act which has been so dubiously named, is not so Patriotic at all and has only “vertically integrated” our government under the Executive. We are not a monarchy or a plutocracy!
More money is being spent on an elaborate and complex system of schemes and practices toward the abuse of other programs to deny benefits and rights, even proper due process then it would actually cost to provide those proper and timely benefits to these Federal Officers as paid for, and contracted to do by the Federal Government and in fact people of America.
This is akin to contracting a Federal Employer to provide three meals per day, of certain quality and specification, and then only deliver one and at substandard quality. Yet, we are looking to “launch programs to get us on Mars.” Herein, it is much more widespread and more serious as it even involves issues such as the proper number of meals contracted to provide to Federal Officers in the U.S. Merchant Marine.
Moreover, the concentration of wealth is being amassed with those who would corrupt the systems, rather then follow them, which is not good.
These are very, very dangerous corruptions to be allowed to continue, especially as widespread as they are, which I’ve witnessed personally. This is being carried out not only in my own circumstances alone, but from my experiences within the United States Merchant Marine as a whole and on such widespread basis, by Federal Employers only so they do not have to fully and properly fund or make appropriate contributions to the Federal Funds and Programs. They are required to do this by their obligations under the Trusts paid out for our benefits, our pay and more.
The Federal Employers and Federal Employees Labor Union are even gaming the system with improper and corrupted audits that are so far off the mark as to truly be disturbing and only so that those corrupting programs may profit and set-up their own little empires. The GAO or OMB have not carried out an in-depth industry wide audit in many, many years and this lack of fiscal oversight is contributing to the current culture.
So now we are in a “limbo” or “purgatory or catch 22” where the Courts are holding more and more, that even the “dispute” of whether something is “arbitable or not” is something that is “preempted” and for the arbitrator to decide.
If the “arbitrator” or “Board” as in our circumstances, is no more, then where is an individual, let alone a Federal Officer to go for redress? These are not “private” employment agreements entered into at “your own risk”, or contracts, or “Collective Bargaining Agreements”, they are one of the most sacred forms of contracts or agreements that the United States has formed, similar to what it uses for Ambassadors and others, of which are all be driven into dissolution by the Federal Government’s own desire to “contract out” to corrupt Corporations who will spend more time and money defeating grievances, then in properly redressing them as they are so phobic of any strong “precedence” that might guarantee the Bill of Rights to more people.
These Federal Trusts even include various programs that are to include “habitability issues” for the Federal Officers working onboard toward the design of new vessels, proper feeding programs, working conditions and more, and are not being accomplished.
Some of our most sophisticated vessels like ammonia tankers, or Liquified Natural Gas Tankers and others are being “outsourced” and even kept running well beyond a reasonable life-span as extension after extension and various exceptions are being granted by again summary Decree.
Our own and international requirements for “double-hull tankers” as but one example. These are the types of enormous programs, especially as a valid Federal service, that cannot be just left up to “free market” forces as we have seen where this delivers us to. Yet this is the course that are country is even taking now for our Courts, and Military and other Federal Programs so that everything is part of a “Corporation” that operates outside the law and in fact is only being used to insulate the “sovereign” from its people. Only problem therein, is that there is no “sovereign” here in the united “States”, as how can “of the people, by the people, for the people” be seen as creating a “sovereign” or worse any sovereign immunity as is being furthered on a daily basis.
Let alone the simple fact the Federal Employers have all dissolved the proper process that is to adjudicate any of our own disputes arising from the interpretation or application of our Articles of Agreement, along with the use and involvement of the Federal Employees Labor Union toward its own involvement in the improper dissolutions.
This is something neither of which these two parties have the authority to do, and other Federal Agencies and high-ranking Federal Officials and even Commissioned Officers are cooperating to cover this all up.
This is all coming at an extreme cost to the Federal and even State Treasuries and is set to bankrupt many programs if not corrected, and this is not going on only within the United States Merchant Marine, but all other industries and if it is anything close to what is going on in our industry I am gravely concerned about our future as a Democracy, as Congress should be.
One of the issues which I have seen abused across the board by Federal Agencies and authorities, one thing they will all fight to the death to protect, is the abuse of “Block Funding” so as to encourage “after the fact accounting practices” without proper fiscal management, too much emergency stamping out of fires, pigeon-holing of money, lack of fiscal and budgetary projections and so much more.
The use of block-funding must be ended by Congress and require proper, realistic budget projections by the agencies that they are held to as any corporation would be, but not by injuring civil rights, civil liberties and even the ability to petition grievances and not only seek redress but actually find it. This is something I have seen abused within Military Sealift Command and the Naval Fleet Auxiliary Force and was even sought aggressively by Colin Powell himself before Congress.
Enormous “bottlenecks” are being created within our Country that will cause imminent collapse if not recognized and even compared to the “effect” of what occurred with the “Holy Roman Empire” and “outsourcing.” The very foundations of our country which was the creation of strong, collective, independent States is now being put under powers sought for consolidation under one all powerful central government and Federal Plutocracy that has only focused power and even “Representation” within the hands of the few, for those they wish to dole it out to.
As another personal example, if only my first grievances had been heard in regards to an explosion and dumping of hazardous materials that I attempted to stop in 2000 onboard a MARAD Government vessel that I was then retaliated against for and started this whole series of retaliations, I would most likely still be working on that vessel even now.
The USCG Officer involved in those reports, who I eventually complained to the USCG headquarters about [a separate Federal Service], was the one who finally charged me with “medical/ mental incompetence.”
Worse, while clearly working with the Federal Employers and Federal Employees Labor Union in carrying out gross abuses of civil rights and human rights in order to get me to “act out somehow” so that they could then charge me with something they forced me into doing. [?]
Worse I would not have lost both my homes, been involved in numerous lawsuits that have cost myself, in fact all of us and even the taxpayers far too much money, and only to block any attempt for me to get before a neutral third-party where I could have my grievances heard on the merits, and not picked apart by several fleets of lawyers, all of which for the most part, are on the Federal payroll and were involved in the creation of the disputes.
Attorneys are “Officers of the Court” no matter who they may be representing and are duty bound to conduct themselves ethically therein, but this is far from the case herein. Worse, I would not have been, and continue to be prosecuted by the DHS/ USCG and the enormous funds would not have been spent in trying to stifle me about what is going on.
If one just takes a look at the number of people involved in attempting to “keep me quiet” about what is going on, the list is in the hundreds. Why or how can so many people be focused on ensuring one man might never be heard, unless of course it was as “represented” to the Courts or other Tribunal “by someone else” like a corrupt, or corrupted lawyer, psychologist and not instead by direct testimony of a Federal Officer???
Over $400,000 alone has been spent from our Federal Medical Plans Legal Aid Program to pay for conflicted counsel within the USCG proceedings, who are “double-dipping” by working both sides of the aisle. The first counsel pressed upon me in the DHS/ USCG proceedings, is a “Risk Manager” for the Shipping Companies and P/I Clubs, but then was forced upon me within those proceedings. All of this only so as to ensure that I would never reach any hearing and that any such hearing would be focused improperly somehow on an issues of “medical/ mental incompetence”, rather then on the issues of what I have complained about within and for this valid Federal Service.
Worse, I was never allowed into a hearing at all.
The only place I finally actually spoke up was in a “pre-hearing settlement conference” where the USCG wanted me to admit that I did something wrong, for them to end the abuses and unlawful prosecution of me for being “medically/ mentally incompetent.”
The DHS/ USCG wanted me to sign a document stating that I had done something wrong on the vessels where I had filed grievances, whistle blower letters, civil complaints and appeals in regards to, so as to be heard.
This is a game they are playing out on all Federal Officers from this valid Federal Service as I have even heard of another individual who was recently “charged with desertion” overseas and lost his license to actions by the DHS/ USCG who has not been afforded access to the Uniform Code of Military Justice, let alone our own proper Licensed Personnel Board. I found out about this by contacting the Federal Labor Relations Authority that this individual had also contacted to find out who he was “supposed to go to.”
Therein, within the DHS/ USCG “pre-settlement conference” which was not a hearing, nor calendared or treated as one, I spoke up as I would not again allow myself to be forced under conflicted counsel and I attempted to do so and was stifled repeatedly by the DHS/ USCG ALJ.
Yet, there is still enough within those transcripts of August 26-27th of 2003 to set forth the issues of labor racketeering and other matters that the ALJ wished to prohibit me from presenting myself somehow [Exhibit- ——]. The enormous sets of conflicts of interest within all of these matters are so extreme, of which I have immense personal experience, knowledge and documentation in regards to.
These trends as I have experienced “across the board” and personally been witness to, point to a much larger program and attitude that is eating at the heart of our country and our own Constitutional and civil rights and is being pushed from the Executive Agency and even Office of the Presidency on down. We do not live within a Monarchy.
Our own courts are not to mirror “Abu Ghraib” or be used to abuse civil complainants of plaintiffs, especially Federal Officers whose direct right for contractual redress lies within these courts.
Contact is attempted yet again as before with the Secretary of Transportation, but now specifically and additionally with the twenty-three Senators on the Commerce Committee and seventy-five House Committee members on the Transportation Committee and many of those as before, as I have attempted all other avenues of redress. Moreover, I have been retaliated against for my previous attempts to contact and inform Congress about what is going on. In addition, this is being sent to the Government Reform Committee and its members, many of whom have also been contacted previously.
Additionally, due to the lack of ability to gain redress and involvement of due process civil rights, this is also being sent to members of the Senate Judiciary Committee in Senators Grassley and Senator Leahy as the original co-sponsors of the Sarbanes-Oxley Act and other provisions intended to protect whistle blowers.
This act has borrowed intentionally or otherwise, from principles long set as standards by Congress under general maritime and admiralty law principles and provisions, but either way all were intended to prohibit much of this type of activity and protect all “whistle blowers“.
Someone who files a “civil complaint” is “blowing the whistle” and complaining and seeking redress and is to be afforded their rights under the Bill of Rights. Now, anyone who speaks as I do are targeted with the abuses that are being carried out under the guises of the “Patriot Act.” This Act and its companions should have been dubbed the “King Acts.”
What has been carried out upon me, and against me in retaliation for numerous attempts to even properly report matters to Congress and is well documented and rises to a level of being grossly criminal in nature especially once properly examined and investigated and this goes well beyond the level of “complicity“ exhibited in “Abu Ghraib“.
This can only be set right by Congress itself now somehow, and through proper investigations and corrections as this even involves the Executive, the Judiciary and even members of Congress.
This isn’t about getting people in trouble, although with what has gone on this type of outfall or effect would be hard to avert, but this should be more about shoring-up our complex systems of Civil and National Defense Programs that are failing systematically across the board and for numerous reasons as entire systems are just shutting down, or worse are being intentionally shut down to focus control all that much more in the hands of the few.
Any and all proceedings should be “remedial” in nature as intended for even Administrative proceedings and not to prosecute someone for “whistle blowing” and cover it up as prosecution for being “medically/ mentally incompetent” somehow. I complained to the USCG Commandant, Secretary of Transportation and in direct response the DHS/ USCG charges me with “mental/ medical incompetence” somehow.
The Whistle Blower Protection Act was supposed to prohibit this type of retaliatory and in fact customary behavior. This is like “whipping someone” or worse “raping them” and the prosecuting them for being raped or whipped. Kind of like since “had you dressed this way”… you were “asking to be raped weren’t you?”
Now the Federal Employers and Federal Employees Labor Union and Federal Government wish to somehow contend that “since I am now found to be medically/ mentally incompetent” several years after the fact of which they have back-dated several years that I committed a “crime” by working on these vessels while depressed which allowed them to fire me in retaliation for what they then termed to be “for insubordination, failure to follow a direct order and even barratry” something that the USCG had no founding in fact, but have then come back and the Officer I complained of to the Commandant is allowed to “charge me” with medical/ mental incompetence, so that he can head off to “law school.”
Oh, and the very same law school that the DHS/ USCG ALJ attended, conveniently enough.
This sort of culture of unmitigated testosterone cannot be allowed to continue unabated by Congress, nor ignored as I am not the only person out here dealing with this and this is not what “equal treatment under the law” was to entail.
In fact, the Department of Homeland Security and United States Coast Guard are so blatant and self-assured in their own efforts, that they have used the simple fact of my own attempts to contact or get before Congress as “evidence” against me within the retaliatory “administrative” proceedings. They did this to “show“, and then even declare me to be “medically/ mentally incompetent” all without a hearing. This, even and although the proceedings were intentionally stretched out over a year of very aggressive prosecution against me for being “medically/ mentally incompetent“.
This was not a remedial proceeding, as if it were then why was I denied any due process hearing?
Prosecuting someone for being “medically./ mentally incompetent” especially in retaliation, is akin to prosecuting someone for having broken a leg, or being short, or having the flu, or being white, or being black and is as derivative of the Nazi mentality and culture as one cares to even fathom.
This was not an administrative remedial hearing, as the DHS/ USCG does not govern our benefit nor employment programs. Our programs come from underneath DOT/ MARAD for the U.S. Merchant Marine that is a separate Federal Service, yet “MARAD“ and Captain Schubert is allowing these programs to continue so as to “better manage budgets and people“.
In fact, USCG/ ALJ declared arbitrarily the Whistle Blower Protection Act does not apply to me [Exhibit ___], and that the Railway Labor Act and numerous other laws do not apply to me [Exhibit ___].
This is even, and although it is expressed clearly within the Merchant Marine Act of 1936 by Congress, that yet it in fact does apply, but the ALJ set forth these and other such arbitrary and even unsupported rulings that he has no authority to do. This goes to a level of rulemaking that countermands Congressional enactments and even proper Supreme Court holdings.
Worse, not only does the Whistle Blower Protection Act mandate oral due process hearings, so does the Administrative Procedure Act, Labor Management Reporting and Disclosure Act and so many other provisions, least of which being the Bill of Rights.
Far beyond all of this, we are considered to be “acting under the authority of our license” in any of these proceedings, or “working” so that the terms within our Shipping Articles apply therein also and we are paid from these Federal Programs as “entrusted“ to the Federal Employers. Moreover, so that if we are “seeking cure” in court, or wherever we are not yanked out of seeking that cure and prosecuted for seeking the cure.
The “cure” can be in the form of a civil complaint for redress of grievances against the Federal Employers or Federal Employees Labor Union or a doctor or even rehabilitation center. This is one reason why Congress has set forth and the Supreme Court has upheld the simple fact that any “injured seaman” has the right to seek redress and recovery and find it in all manners as expressed by Congress and under stature, common law, admiralty and general maritime law, but all of this is being denied so that administrative agencies may then prosecute an individual and make improper labor dispute determinations ruling by Summary Decree and while torturing Federal Maritime Officers.
I was “held captive” within those proceedings so that the DHS/ USCG could abuse me and watch as my homes were seized, I was evicted and more, even underwent surgery of which some of the pictures of this are somewhat graphic, but then charge me with being “medically/ mentally incompetent” as they actively participated in torturing me, physically, psychologically, financially and more. Only to defeat our rights, my rights to enforce our Articles of Agreements with the United States that the Federal Employers are entrusted with carrying out on behalf of the United States on our behalf and that the USCG has the authority as a “separate“ agency and authority under 46 USCA 10302 to ensure that the Shipping Articles are posted and being followed as this goes to issues of safety.
The ALJ has now finally put out a 53+ pages Order stating that I am “medically/ mentally incompetent” without a hearing and only after allowing the DHS/ USCG to violate civil rights, civil liberties, and even civil complaints and grievances and falsify medical records and more.
I was denied by the Federal Employers, Federal Employees Labor Union, the District Courts, the Appellate Courts, the USCG/ ALJ and others the right to have any of my disputes heard before the proper, neutral Licensed Personnel Board, although the Supreme Court has ruled I [we] have the absolute right to do so. This provision is protected by the Suits in Admiralty Act, which amended the Federal Rules of Civil Procedure and Federal Rules of Appellate Procedure. Something that protects are rights to poll and bring before a jury, and within five days the issues of whether or not a valid grievance and arbitration process exists and is being properly executed. This has been denied from me also, so that I nor anyone else would ever be heard.
All of this, although even the DHS/ USCG has authority under 46 USCA 10302 to ensure our Shipping Articles are intact, posted and properly functioning. Yet, the DHS/ USCG do not have the right to decide any portion of a labor dispute or “right to work” as they have done to me. Worse to change our Shipping Articles or defeat protections granted to us by Congress, as the ALJ has done himself by his own improper determinations.
The District Court Justices wish to push all this onto issues of “malpractice” of which they know full well is a joke that cannot be enforced anywhere.
The Judges protect the lawyers, and the lawyers protect the Judges, and all protect the “King?” Yet, isn’t this America?
The USCG/ ALJ even declared that my civil complaints, grievances, reports to Congress, to the FBI, and even to the Secretary of Transportation and more were somehow arbitrarily “immaterial” and denied me any due process hearing whatsoever only so as to ensure I could never be heard about this complex series of fraud that is being carried out upon Federal and State Programs that has upset me so [Exhibit ____].
The clear intent is to so deprive me of civil liberties and property and press me under an unlawful prosecution for over several years, and then force an ALJ Order upon me after an additional year of torture under the DHS/ USCG proceedings, so that I will hopefully not survive, one way or another. If I do, there is always the IRS, traffic cops, Federal Bankruptcy Courts and other landmines that are conveniently used as “entrapment” after the fact, just like what was carried out on Martha Stewart, but only to grab her company.
Think about how that all played out, what they charged her for and what she was found guilty of. So, if all else fails, as for me, just keep investigating until they do something we can grab then for.
This is the new PATRIOT Act and the same old game played out against whistle blower, but now it is for those who even file “civil complaints.“
However, all this for me in my situation only after being tortured endlessly within civil court prior to this, and for several years, then thereafter even simultaneous to this while the USCG carried on its proceedings attempting to present complaints and appeals in as many as 12 different venues under complaints that were even filed by conflicted counsel, under my name then dumped in my lap to exhaust me. The simple fact that the DHS/ USCG and ALJ have found me to be “medically/ mentally incompetent” during this entire time period from March of 2001 when my dad was stricken ill and on his death bed and I tried to get leave, and up and until the present time.
Also as I am being denied proper, independent counsel that I have asked for repeatedly, and then even finally forced somehow to represent myself although I am being “charged”, and only after the fact, with “medical/ mental incompetence” and only by falsifying medical records and more. All of this to cover everything up with a forced “medical/ mental incompetence” denial of benefits and pension, let alone due process, free speech and more.
It is very clear the systemic and structural failures that allowed 9-11 to occur are more widespread then one can imagine and requires immediate actions by Congress, as the 9-11 Commission has only touched upon a tiny tip of the iceberg of what is going on, and a private and public bureaucratic subculture driven on some fanatical or even fascist force, is allowing this to occur. Something that will clearly sink us all, and is in place and in full force and effect.
Denial of due process, free speech and other Democratic institutions are a large part of the problem that are growing exponentially under current policies and practices that must be quickly reversed and not just for those in Abu Ghraib or Guatanamo Bay Cuba.
These are only symptoms of the bigger problem. It is even going on here at home and is a culture that is being driven from the top down. This is a much more widespread program then anyone can imagine and is set to degenerate enormously into domino effects throughout our complex systems, many of which have now been so corrupted over time as I’ve experienced personally, specifically regarding my own efforts to attain redress in the U.S. Merchant Marine and for our own programs.
For me, this is not just standard retaliations against a whistle blower in denial of due process hearings or more, that one might more normally hear about. This is a realization that our proper system of due process for us, is missing entirely, and in all forms.
The Licensed Personnel Board, State Court, Federal and Appellate Courts, and even now our own representative Congress? This is something that the Federal Employers and Federal Employees Labor Union have intentionally done away with as the Federal Employees Labor Union have even admitted to themselves in court documents [Exhibit ____]. This is something they do not have the authority to accomplish themselves, unilaterally or collectively, as these are Federal Contracts and moreover Articles of Agreement with Federal Officers.
Only Congress or the Secretary of Transportation can alter this under very specific procedures, of which have not been carried out, nor attempted, but all parties wish to carry out by default with the same force and effect as if it were law.
These are not Collective Bargaining Agreements, as once set forth by the United States as Federal Contracts in fact Master Agreements, they then become Articles of Agreement as incorporated into our Shipping Articles as intended by Congress and as expressed within these very specific and special Master Agreements.
The previous attempts I’ve made over the years leading up to this most recent contact herein, includes attempts to gain access to the initial and proper contractual grievance and arbitration process of the Licensed Personnel Board myself, and on numerous occasions through the Federal Employers, and Federal Employees Labor Union, and even the Courts. Something that I have discovered through my own numerous efforts as to the Licensed Personnel Board, no longer exists [Exhibit ___]. I even ran for political elected union office in the midst of all of this, on this very premise about what was going on within the Union and the corruptions therein, and because of this the Federal Employers and Federal Employees Labor Union and others focused themselves upon me improperly.
This dissolution of the Licensed Personnel Board is only for unknown and corrupt reasons directed at stealing Federal Funds, and is the central issue to all my complaints and reports. Now it would seem that the Courts have become employees themselves of the Protection and Indemnity Insurance Clubs as they “decide” by Summary Decree and without a Jury Trial as required by our own Bill of Rights for any disputes involving anything over “$50.”
Worse they can tax an individual, let alone a Federal Officer by forcing them to lose everything in court by using it as a detention center if they so persist in “complaining.”
In addition, also as stated previously, I’ve attempted to find redress through the Courts of which we are now also improperly “preempted“ from by numerous means. Including efforts by even our own Federal Employees Labor Union and the supposed “collective bargaining process“ as ruled by the District Courts. This is even though we have Independent Right of Action as Federal Maritime Officers, under 28 USCA 1916 and 46 USCA 688 and other such codifications such as the Labor Management Reporting and Disclosure Act of 1959 so as to seek and find redress of our independent employment contracts.
These are but a few examples of what I’ve been put through. The form, use and understanding of what Articles of Agreement or Shipping Articles are, has been long misunderstood and intentionally so it would seem, and even more so today from gross corruptions that are being carried out only against the rights of an entire Federal Service. Worse, this program of “Collective Bargaining Preemption” and other forms of “preemption” are only being abused to further, and in fact are encouraging the growth of corruptions with and in, and between the Federal Employees Labor Union and Federal Employers and even Federal Government.
Now, rather then level the playing field, we as individual Federal Officers are up against the Federal Employers, Federal Employees Labor Union and even the Federal Government, let alone our own Federal Trusts set-up for our protections as now controlled absolutely by the Federal Employers.
Attempts have also been made with the offices of numerous Congressman and Senators, of which we as Federal Officers are also now preempted from access to, by even internal administrative process and staffs, by one means or another. I’ve attempted to gain redress through our Executive Branch and in fact numerous Executive Federal Agencies without any relief or full, or proper investigations, let alone any at all.
The Secretary of Transportation, and Department of Transportation’s Inspector General’s Offices are but two specific examples of direct reports and “petitions” in this regard, for which instead of redress and investigation, charges were brought against me for “medical/ mental incompetence.“
Charges against me, rather then properly investigate even allow or guarantee hearings in this regard something of which should have occurred, minimally within the DHS/ USCG proceedings, of which they are intentionally denying from me. Furthermore, I have been forced to carry this forward, to such a point of absolute and unnecessary and in fact improper personal exhaustion. One reason its unclear if I’ll survive to tell what’s transpired as Department of Homeland Security has done a number on me like you would not believe, as even now forced to hopscotch around to stay alive.
This is one reason the “frame of mind” or “condition” a whistle blower is found in, especially stemming from continual human and civil rights violations and abuses is not to be used against them, but has been herein and to such an extreme example as to almost be unimaginable just how insensitive our own Government can be to its own people.
Another reason the “Office of Special Counsel” was supposed to be set-up as an independent authority to investigate abuses wherever they may lie, within any Branch or position of the Federal Government, including the Presidency.
Instead of routing out real abuses of authority and power, it is used to find out the type or cigar the president smokes and what he does with it and issues of “blue dresses” and other sorted details that this office was not intended to be used for.
Whether by abuse of authority, complicity, or a total blockade against accepting any information, or even overt retaliations the Federal Government will not make the moves to correct these long standing corruptions so the pork barreling may continue. This is not right.
What has been carried out upon me is beyond standard whistle blower protocol and denial of due process and these guys want me dead, one way or another. Various Federal Employers, the Federal Employees Labor Union and others have carried out a specific retaliatory program as they have for decades now, and intended to commit “murder by suicide” by so injuring one’s civil rights, civil liberties, even civil complaints that they might die of heart attack, exposure, exhaustion or even hopeful and pressured suicide.
This is one reason why all the reports are riddled with this claim and mention of “suicide” as elicited by the Federal Employers and not expressed by me, only until more recently after being so abused and seeing no probable future, especially absent any further abuses and tortuous behaviors from the Federal Government.
Tortuous behaviors as are continuing even now and may even be combined in on by the Corporations who have a strangle hold on information, technology, credit, social security information, employment applications, and all issues over the work place right now and who will do everything to ensure that a “whistle blower” will never work again anywhere.
This is especially so within any gainful or meaningful employment and will be so hounded by creditors and others that they do eventually as planned, pass away one way or another without finding redress or ever being heard about what is going on.
This is criminal and in extreme violation of civil rights, but is actually going on within our own country, especially to such a high level under this current administration.
To say the very least, after what I have already been put through I am very afraid for not only my own life, but for what is going on in my country and its future and continued rule by Constitutional law. Just investigate what happened to Cliff Robertson in response to and for someone else writing and cashing residual checks in his name and how he was blacklisted for 7 or 8 years in response to what someone else had done.
That was how many years ago, as this culture or subculture of absolute “destruction” of anyone who might complain no matter what the circumstances may be has been so refined and in fact digitized and made so universal.
This constitutes the most glaring, problematic, systematic and systemic fundamental failures of our entire structures of Civil and National Defense for our civilian population as can ever be conceived. The right to petition for and find redress from our government is the very first amendment to the Constitution and the most important.
We are now clearly operating under some form of martial law as I’ve experienced personally, at least within the U.S. Merchant Marine. The widespread symptoms, situations and circumstances that I’ve witnessed make me feel strongly that if matters are not corrected immediately for this Federal Service, and even regarding widespread programs of denial of benefits, the most critical being our own proper industrial system of due process, that an identical scenario to 9-11 and World Trade Center is predicted to occur as result of our proper systems of defense being down, and our own Federal Officers under attack.
This is akin to the engineer on the USS Stark telling the Captain, that the defense and “In Close Weapons Systems” is somehow “off” and only as a missile is headed in and in response the Captain starts to yell at the Engineer and throws him in the brig.
The reason we are so “blinded” right now is because of an inappropriate push by corporations to rule the roost and push agendas on the country which includes the gross absence of civil rights. This is all accompanied by the flood of illegal and undocumented workers here in the United States who are displacing well educated, native born, English speaking citizens only so that those who are encouraged into the United States may be manipulated and abused as they are unschooled in our Constitution and way of life and will put up with whatever they can get as it is better then what is going on in their home countries right now. Things are in melt down right now and one of the very key protections, our own labor laws have that are founded from our own Bill of Rights and being dissolved which is hurting all peoples.
In fact a series of situations far worse then 9-11 is predicted to occur yet again, if Congress does not realize the real problems and address them quickly, and they may not be “planned by“ forces foreign to our own country or even citizenship and may involve many elected officials if this is not realized and curtailed. To be clear this is not a threat or promise on my part in any way, as I play no role in any of this other then as a messenger of observations that I have made from my own previous vast, well-traveled, direct experience as well-trained Federal Officer.
We are creating many of the problems ourselves, and not solving them and it is spreading like Greek fire. My knowledge and revelations of this comes at a high price to myself by what I’ve experienced personally, and been witness to and been put under in my own attempts to inform Congress and even the Federal Government in all its various forms about what is going on and only within the United States Merchant Marine has been severe.
I’ve attempted to even find redress and correction myself through the courts, about what is going on, of which I have been effectively blockaded from and denied by all parties, only because of the words I choose on paper, the order I put those words in, the color of even the paper I put at the end of a document, or even the personal condition I am now found in. Only after such brutal and relentless retaliations and denials of civil rights have been driven down upon me.
The Ninth Circuit [in 03-57025], without so much as allowing me to me even file an appellate brief, ruled that my “Civil Rights” were so “insubstantial” as to not require further argument.
The Ninth Circuit [under Kosinski] ruled that it would not even allow me my numerous statutory rights as expressed within 28 USCA 1916, or the LMRDA and other rights under admiralty and general maritime law so as to be heard under statutory rights to “free speech“.
This includes both written and oral.
The intelligence and information and complaints for redress and correction, simply cannot make it through to those in a place to rectify them and set proper policy and corrections in legislation or grant redress as the corporations are taking all measures to ensure that our defense systems for our civilian population and its inalienable rights are “turned off” entirely and only for some odd reason.
Greed.
It is almost as if they are encouraging an identical situation to occur like 9-11 again only so that “real” martial law can be declared and the elections may even be called off, only because the chance that President Bush might somehow lose the elections.
If you think this odd, then what about the very thought brought before Congress about holding timely elections if more then 100 Legislators were killed in any single event. Is this appropriate? Would not “Lt.” Legislators who would take over under such circumstances be wiser, so as to not “encourage” the creation of such an event by any political party or even foreign terrorist?
These really are crazy times and rather then get into all of the conjecture and think-tank type issues or concerns, fixing the real problems that I and others are dealing with as exemplified within the U.S. Merchant Marine, are much more tangible and more quickly corrected by courses of actions already set down, but are not being followed. Yet, would go a long way to start “fixing” the problems that are growing exponentially and any democratic minded Senators of Congresspersons must not wait or place all their eggs in this year’s elections.
Right now, because of what I have discovered and even put forth herein, I am very afraid for my own life and just because of what I know and what I have figured out. Something that with this and other reports is now on record and well recorded in this regard and for this many, many people want me dead.
This simple fact is not a “figment of my own imagination” as it was even told to me by the “RISK MANAGER” for the Federal Employers. This man, an attorney named Frank Brucceleri, was forced upon me within the improper, unlawful DHS/ USCG proceedings.
When I first met this man, as chosen by the Federal Employees Labor Union who were already in direct conflict, but then recused themselves only after choosing my counsel first.
This individual told me, first that “many people want you [me] dead” and that he “could make it all go away” and that I could “have everything back again” that I had before.
He also told me that he could not represent me in any arbitration because this would be “conflicted” [?] as he would be receiving all his work from the Federal Employers in the future. [?]
He told all of this to me, supposedly as “my” lawyer.
These Federal Employers and Federal Trusts and Protection and Indemnity Clubs are working both sides of the aisle for Federal Employees and Federal Officers so that we can never be heard and if the mafia has not taken over my Federal Employees Labor Union and even Federal Employers, then it has taken over the Federal Government and somebody should change their name to “Mussolini.”
A current bureaucratic culture of “out of sight – out of mind” is now pervasive through all three Branches of our Federal Government, depending on the person and party, and is continuing to grow and insulate those governing, from those governed. This includes outfall from the events of anthrax, blockading of the mail systems, problems with information technologies including the Senators and Congressperson’s own contact websites, and inability of individuals to access their Representatives directly, or even to contact others to whom they may not be a constituent of. I have been told by staff members of certain Legislator’s offices of the Commerce, Judiciary and other Committees, that I could not work through their offices because I was not a constituent. This, even though Congress in the Merchant Marine Act of 1936 has spoken otherwise.
Worse, my own Senators office’s have booted me to the curb and told me that they “do not have jurisdiction” and can no longer help me with what is going on. Just one more reason I am very afraid, in fact for my own life if not much more. This is not “paranoia“ either, but a realization of what I have already been put through by contacting Congress itself.
Within weeks, in fact days in some regards of contacting Congressman Hunter, Congressman Filner, and the Secretary of Transportation, the USCG Commandant and others I was quickly charged with “mental/ medical incompetence” [Exhibit ____] and prosecuted for well over a year and tortured like you could not believe. In fact, three days after my letter to the Secretary of Transportation [another statutory right under the LMRDA, and MMA 1936], and a copy sent to the USCG Commandant Admiral Loy who is now within the DHS I was charged. In Congress, process and procedures for more “normal” situations and more normal constituents are being used to stonewall efforts by Congressionally appointed Federal Officers to report matters to Congress or even the courts, both inadvertently or otherwise.
From my own personal experience this is more then happenstance. This is not only creating a considerable delay in intelligence making it to Congress, but often times as herein it is blockaded entirely for even years if not indefinitely so. Only as problems continue and grow, and are hidden from sight by many forces, both intentional or otherwise including our own Courts. But now Congress?
This simply cannot be allowed to continue and I ask that full scale investigations be launched immediately into all the programs relating to the United States Merchant Marine and the various whistle blower programs and protections including various Inspector General’s Offices and other sources like the Office of the Special Counsel and more.
All these various layers of legislation and even “Public Servants” that were intended to protect Civilians and especially Federal Employees. Enactments like the Administrative Procedure Act, Office of Administrative Law Judges, Office of Special Counsel, Inspector General’s Offices, even our own mandatory arbitral mechanisms for Federal Maritime Officers and others, have all been turned into weights and means to blockade information with intentional or unintentional layers of bureaucracy that have become overly and in fact intentionally oppressive.
These programs are no longer carrying out there intended, or legislated function. The NLRB, FMCS, FLRA, Wage and Hour, DOL and so many others can be thrown into the mix, as even from my personal experiences with all in attempts to get this matter investigated and corrected.
If you go to the wrong agency or wrong court of wrong process like the Licensed Personnel Board [that no longer exists] time should be tolled and without argument. Instead all agencies and in fact personnel are playing a game of bob and weave and then pointing down the aisle to some other agency or person, or Senator or Congressperson so no one has to do their job, or worse stop to “think.”
At this point in time, I do not know where else to turn, especially after what I’ve been put through and where it has now left me. I’m hoping and in fact petitioning for an immediate redress of grievances not only to find correction for myself and protection, but also toward separate timely corrections toward more global matters affecting an entire important valid Federal Service. Hopefully, with this contact, I might finally be granted some personal relief by Congress and proper investigations in regards to what I‘ve been put through, but more pointedly to more systemic problems that must be addressed and corrected.
Extraordinary amounts of Federal and State funds are being stolen from respective Treasuries by these actions and even shifting burdens improperly not only to other programs, but subsequently to other generations.
One issue should not be ignored to effectuate remedy for the other, as both individual and collective issues are inextricably intertwined and I respectfully request this, so no other Federal Officers are put through what I’ve been over the last several years. Just as importantly, so that other programs are not unnecessarily and improperly burdened by what is going on.
I have considerable information, documentation, evidence and experience that I would ask to personally pass on to, and inform Congress of, about what is going on in this complex scheme of fraud and deception by many parties against and upon Federal Trusts, Federal Programs and even directed against Federal Officers of the United States Merchant Marine as a valid Federal Service. Even now the Federal Government is focusing the next step of these process upon me with the IRS and now of course even being forced to deal with Federal Bankruptcy Courts somehow.
I am now even more afraid that the retaliations and attempts by my own Federal Government will not let up and will continue, especially and even after the retaliatory ruling that I am somehow “medically/ mentally incompetent” without a hearing or trial, and that this Order will be used to seize upon me further once I am found roaming around the streets somewhere as I am finally deprived of all resources, friends, family and more. My family is afraid of even helping me, and not because of being afraid of me or anything I might do, but they are terrified of the Department of Homeland Security and what is going on in our country right now and for their own children.
These Federal Employers, in the form of Shipping Companies, have been at these kind of games for quite sometime now and are not only formidable, or intimidating, but are quite brutal. This is one reason Congress has always had a keen eye on protecting Federal Maritime Officers from these types of unscrupulous programs of the Federal Employers just like the Railway Employees, and Congress did consider us as, and in fact always guaranteed that we were treated as “wards under admiralty” and general maritime jurisdiction.
In fact, our own rights pre-date those of the Railway Employees and were instituted by Congress when our country was created.
One must ask themselves, if what they say about me is so true; Then why have no witnesses been called? Why have there been no evidentiary hearings? Why have I been blocked and blockaded from any and all due process hearings whatsoever? Why will they not allow me to be heard, and instead wish to use the results of their own behaviors and retaliations against me, so that I cannot be heard about this, nor believed if I ever were?
Summary Decision after Summary Decision, and even by denying me my right to a Bench Trial even under Admiralty, or my right to a jury trial under common law or our own Bill of Rights, or even under general maritime law and custom. A means, or place, or time where I could be heard on the record about what is happening, and file an open report as a Federal Officer regarding what is going on within the Maritime Industry and gross corruptions of process and procedures within and between the Federal Employers, Federal Employees Labor Union and even with numerous individuals and wholesale agencies and departments of the Federal Government.
So now the Federal Government has “proven” my damages for me by its own Summary Decision by the ALJ, absent any due process, or hearing, but then have actually denied me redress?
Why are so many people afraid of what I have to say and continue to try and force me into unrecorded, unlawful “psychological examinations” only so that they can finally use it against me to shut me up entirely and even lock me away somewhere? My dad was stricken ill and in a coma in the hospital, people! I tried to get leave and was forced to fight with my Federal Employers and Federal Employees Labor Union to get it, and was repeatedly denied, screwed around with and severely retaliated against for! Then when my father actually died I was of course terminated [?], and even then grieved the matter with the Union and Federal Employers who were both instrumental and involved in the actions.
One reason for a third-party neutral Board and not to be “pre”-decided by the parties involved in creating and carrying on the disputes. Since our proper system of due process has been absolutely dissolved and money absconded the Federal Employers and union have both come after me since I have figured this all out and more. Worse the Federal Government joins in on the fray and takes part in the retaliations and denial of due process, and only because months before this I tried to stop an explosion and dumping of hazardous materials on another Federal Government ship owned by MARAD/ MSC as operated by “ASM“.
Now I am somehow being charged with “being depressed” and “medically/ mentally incompetent” for this very time period on the vessel that I was working on where my dad was stricken ill and in a coma, that I requested leave for. Prosecuted for this only so that they had an excuse to torture me and hold me in court under Article II proceedings as I lost everything, and then use all of that against me to somehow pull themselves up by their own bootstraps somehow and conveniently “prove their case”?
What is going on in America right now is more then simply “disturbing” it is “Constitutionally disturbing”, to the point of dissolution of the Union of States that have held us all together for several hundred years now.
This is what is “nuts” in all of this, and not me. Anyone who has been put through anything even close to what I have, would have most likely “popped-off” by now one way or another, or minimally would be very afraid for their own life as I am, or any future, and more importantly even for their own country as a whole.
This is why the DHS/ USCG are putting out “BOLO’s” on me saying that I “may be dangerous”, and only to deny me due process and as many of my civil rights as much and as long as they possibly can. Contact the USCG Commandant and ask him what I have been charged with. “Medical/ mental incompetence” is not a “charge” to prosecute someone for under Article II proceedings.
The ALJ even stated in the “pre-hearing settlement conference” that I “should [somehow] know what I am being charged with….”.
He absolutely refused to read specific and lawful “charges” into the record and allow me to enter a “plea” to it.
Furthermore, I ask that any personal relief be granted as expeditiously as possible, especially due to this great weight forced upon me in retaliation for attempts to confront these matters somehow and inform Congress of what’s going on within the maritime industry and United States Merchant Marine. Severe and direct retaliations have already been carried out upon me for attempting to correct some grave defects and systemic failures in our present system with Federal Contractors, Federal Employees Labor Union and certain Federal Agencies.
In response I’ve been overrun by overwhelming and combined forces from under improper processes and procedure, and various continued gross abuses of authority by so many individuals. I can only hope various responsible parties in Congress take care of individual, and most importantly collective problems as they are costing important Federal programs and taxpayers improperly and enormously.
I can attest to this from my own vast personal experiences in this regard and request the right as a citizen and Federal Officer to do so. My Federal education would seem to even now be somewhat defunct, and worthless as result of the unlawful prosecution, or declaration by DHS/ USCG/ OALJ/ ALJ and Commandant that I am “medically/ mentally incompetent” and by not only unlawfully seizing, but then even falsifying and ultimately distributing these records, in part and by his collective Order.
Of course I’m upset, in need of redress, correction relief, assistance and counseling, as anyone who’s been put through this, and did not continue to lobby more ethical members of Congress at any and all personal costs no matter what toll it may take on them personally, could not possibly understand how serious this really is or what is truly going on.
Problem is… is that I do!
Only Congress can straighten this out and press for timely investigations and redress, and so I find myself at the proverbial doorstep to Congress yet again. Our Bill of Rights is being stripped from the majority of Americans and most do not even realize it yet, as the courts, Congress, the National Mall, airports and more are all digitized and fortified. Not to go after terrorists, but only to strip us of our freedoms and country and Constitution.
One must ask oneself, why would the DHS/ USCG decide labor matters for a separate Federal Service that has its own programs for this? What has happened to the proper programs for this like the Licensed Personnel Board? Where have all the funds gone and why does this Federal Service not have any venue for redress? Why would MARAD/ Federal Employers/ Federal Employees Labor Union deny this man his full pension and medical benefits if they have now found him to be “medically/ mentally incompetent” and so slandered this man’s good name and then seized and disseminated his medical records? This would not seem to be “remedial” in nature as prescribed by the purpose of the Administrative Procedure Act.
Why would the DHS/ USCG spend over a year on unlawful prosecutions for something they lack jurisdiction over, and even then finally deny any due process or oral fact-finding hearing as required by so many laws, let alone our own Bill of Rights? Worse after a full year of aggressive prosecutions? Why would they then put out a BOLO on this individual and then prosecute him for being “medically/ mentally incompetent” which is unlawful and so much more? Why would the DHS seize this man’s [my] vehicle when he attempted to file a Notice of Appeal in District Court? Why can this man not find his way into any proper due process hearing so as to inform the Federal Government in the form of the Judiciary, Executive or even Legislature about what is going on, and not only seek redress, but find it?
All of this may seem somehow to be easily “explained”, but at some point it needs to be done before Congress and with my own ability to finally testify about what has been going on. Worse, why has this individual been in contact with so many in Congress and not one office has taken him seriously? Worse yet again, why has the offices of Senator Boxer and Senator Feinstein both refused to help this individual and in fact now stated that they “lack jurisdiction” to help him with this?
There are so many unanswered questions, but the answer to each one seems to come back to this “cozy” relationship that has been formed over time between the Federal Employers or Corporations, the Federal Employees Labor Union, and numerous Federal Agencies and Authorities, and elected, appointed, commissioned or other such individuals.
The enormous and complex statutory schemes, structural systems, funds and even Federal Trusts set-up by Congress to protect and benefit the Unites States’ Federal Officers in the U.S. Merchant Marine have, over time, all been entirely subverted and corrupted.
What is occurring in these complex programs set-up for the United States Merchant Marine and its Officers is analogous to the meltdowns of corporations that caused internal collapses of Enron, Tyco, Global Crossing, World Com and other companies injuring lives and pensions of so many hard working people and included numerous U.S. corporations and Federal oversight agencies.
Billions of dollars were lost and untold number of lives affected by those events of which, most is now left more or less unrecoverable and we still have not felt the end of all that yet. This could easily have been averted by proper authorities listening to reports and complaints from individuals, as is the case herein. The situation is more serious here, as it also involves a Federal Service, Federal Officers, Federal Trusts, Federal and State Transportation Programs, Federal Judges, and issues and concerns over Civil Defense and National Security and more.
Part of the problem as it stands now, is proper intelligence and feedback from any interested party as stated, cannot make it to the policy-makers and legislators as it is road- blocked by overwhelming administrative processes, cross-processes and repeated referrals from agency to agency and beyond only to ensure that no information may make it into the hands of Congress or others so to be acted upon.
This may seem a good practice to conservatives, but it is actually more costly and is more about control, then Democracy and even less about fiscal responsibility. I can, and will, and do hereby attest to and swear to the simple fact, that by my own experiences as a Federal Officer that this blockade on information is a central problem that caused or allowed 9-11 to occur, and it will happen again, on a much larger scale, if not quickly corrected and may come from forces within our own country, and many of which may not be so “foreign“ and may be in positions of authority even within our own Government.
Worse, that this program of “plausible deniability” is intentional and much more widespread than anyone would carry to believe.
Complaints, both civil and otherwise are there for a reason, and free speech rights are not frivolous and any preliminary decision that any grievance is frivolous, is not only arbitrary but prejudicial and in direct contrast to our own Bill of Rights.
In fact, not one of my own grievances has ever been decided to be frivolous, let alone ever heard properly, let alone at all on its merits. Just a simple review of the facts and even the numerous related cases within State, Federal, Appellate, Bankruptcy, Administrative Courts would clearly show the Failure of Duty of Fair Representation by strong violations of the obligations of the Federal Employers, Federal Employees Labor Union and Federal Agencies who are all to act as Fiduciary to Beneficiary to the Federal Officers.
Parties that are all grossly derelict in their own obligations, as all grievances and disputes are supposed to be handled in this mandatory and neutral third-party fashion. Not one has been for the last 10, 15, or 20 years or so of anyone‘s, let alone any of my own, as the process no longer exists and anyone who files a complaints becomes a target for the Federal Employers, Federal Employees Labor Union, Federal Government and anyone else they can convince to join in on the efforts.
What is far worse is that our contracts state clearly, as do most laws in this regard, that nothing that happens “after a termination” can be used to “support” that termination or action. Yet, herein not only are the Federal Employers doing this so as is the Federal Employees Labor Union and only by using the Federal Government in the form of the Department of Homeland Security and USCG to declare me to be “medically/ mentally incompetent.”
Of course again without a hearing for the very time periods that I filed Civil actions for in court. [?] This ALJ Order occurred [Feb. 27, 2004] well after the terminations [minimally Jan.-June 2001 and January 05, 2002] and ignoring its own unlawful manner and violation of civil rights and more cannot be used to “support“ the termination, in fact it supports that fact that the Federal Employers terminated me in violation of the Family Medical Leave Act and our own Shipping Articles and owe me double back-pay wages, per diem and damages, but now the DHS/ USCG have stepped upon and injured civil complaints that were filed to redress this and left me without much of any legal remedy.
This cannot as per our Shipping Articles or Articles of Agreement be used to support the Federal Employers actions against me or reduce my rights to be heard about the initial job actions or terminations as a Federal Officer, yet it has been even now and only after cruel and continuous, tortuous behaviors.
Worse, now my right to work as a Federal Officer has been seized without a hearing, and by the very Federal Agency that I complained to for investigations, that is a separate and distinct Federal Agency.
Worse, and in fact, the specific individual Federal Officer that I complained of and about to the Commandant toward his own involvement in what has been going on is the one who brings charges “against me.” [?] Kind of like reporting a “rape” to a police officer, then having the police officer rape you also, you complain about it to the Chief of Police and then the Officer arrests you and brings charges against you for “being raped.” [?]
So clear cooperation between Federal Employers, Federal Employees Labor Union, Federal Trusts, Federal Government, Protection and Indemnity Insurance Clubs and others is fairly obvious, and clearly comes not only at an enormous expense to civil rights, civil liberties, but the ability to present and prosecute complaints and appeals. Even at an enormous cost to the Federal and State Treasuries, and all in keeping with suppression of Free Speech and First Amendment rights, let alone the rest of the Bill of rights.
What is going on the U.S. Merchant Marines has already injured far too many individuals like myself before, but worse, it is set to injure many more Federal Officers and our benefit programs, careers and our ability to properly assist in protecting our borders, our shores, our trade, our trade routes, and even military logistical support programs effectively.
Worse, this is guaranteed to have long term affects on our National Economy and Defense, as even something like Exxon Valdez incident cost our economy and natural resources immeasurably was an “accident“.
Yet this is going to happen yet again, and in fact could be used to attack our infrastructure and economy. Something of which is still being felt even today well over a decade later, but that was an accident right? Not really, just another avoidable incident when one looks at all the systemic and systematic failures that lead up to this catastrophe and were not heeded and the many more that swirled around this event. One can take a quick look at the case of Sibil Edmonds, an FBI Translator in San Diego who is now being prosecuted for basically the same type scenario, that I now find myself in.
This is going on nationwide and to many more average citizens or public employees then one cares to imagine.
The core issue to us as Federal Officers, is for proper and timely access to the guarantees of valid neutral third party forums or a Board for dispute resolution, where we might be able to present our grievances without enormous reprisals and not only seek redress, but actually find it. This is no longer possible and even the National Labor Relations Board, Department of Labor and others are now no longer following their own missions as directed by Congress in various Acts.
The pendulum has swung so far to the other side, where the longing to do away with tenures, long-term employment protections and guarantees, stability and more, are being carried away only so as to steal pensions. This has become so severe, that valid complaints and concerns are blockaded along with all other predetermined “frivolous” concerns, and even now those for Federal Officers. [?]
These programs, and policies, or attitudes are now only being used to steal pension funds, benefits, employee assets and more and is so widespread and includes many of our Medical Benefit Programs and Insurance Companies.
In fact, under current Corporate culture within Big Business and even now Big Government, a majority of any and all complaints are treated as being “frivolous” and somehow actively defended against, so as to defeat our own Bill of Rights and Constitution even in our own and my own set of circumstances by our Representative Federal Employees Labor Union.
This is so they do not have to pay to for and fund our Licensed Personnel Board either. This is being carried out so complex programs of labor racketeering and more may continue to benefit a small, very select, corrupt group of individuals who do not have eyes set on the bigger picture, or have any honor, discipline, integrity or anything remotely resembling these lofty ideals.
The complex mix of Federal Agencies, and Federal Contractors acting as “General Agencies” of the United States in the form of Shipping Lines, even State Agencies, and Federal Departments like the Department of Transportation, Department of Homeland Security, Department of Commerce and even the Department of Defense and others, only adds to immense problems in sorting this all out, and one reason for the inclusion of so many oversight Committees into the fray.
The creation and inclusion of the Department of Homeland Security has only added to the problems and not solved them. Worse it has become a “Secret Police” or even “Gestapo” that is being used against are own people.
It is difficult enough, let alone in trying to get beyond any strong retaliations by the Federal Employers, so as to be able to report clear misappropriations and blatant theft of Federal and State Program Funds, but to have to fight the Federal Employees Labor Union and even Federal Government becomes problematic at best.
Right now the clear culprits seem to be the Federal Employers or Shipping Companies, even the Federal Employees Labor Union, and of course the Federal Trusts as now controlled by both as one, and of course the Protection and Indemnity Insurance Clubs.
One reason why the Federal Employees Labor Union is considered a “Federal Employer” under our Federal Trust Agreements. This even so, and minimally, includes the United States Coast Guard and other governmental administrative agencies by default and direct involvement, by inaction or even dereliction of duty let alone gross and targeted retaliations by them for me complaining to their superiors about what is going on.
It is clear the U.S. Coast Guard specifically knows what it is doing, and intentionally carrying out improper programs to deny access to the Licensed Personnel Board [that no longer exists], but it is also being handheld and lead around by Protection and Indemnity Insurance Clubs and their own fleet of lawyers.
From my own personal experience in this regard, I’d have to say the DHS/ USCG do more then know, because I’ve informed them as such and even specifically individuals like Admiral Loy who was the previous USCG Commandant and is now a right hand man in the DHS and Admiral Collins and others.
More money is being directed to fund a fleet of lawyers for the Shipping Companies then to properly fund the fleet of ships and provide for and provision the Federal Officers. This is one reason the strong push has been to defeat and do away with our own Jones Act for so long now, but also to off-shore as much of this Federal Service and our own fleet as much as possible to China and other countries who do not possess a Constitution or Bill of Rights and can be treated anyhow the Shipping Companies want to.
More importantly, it acts as a double-edge sword against anyone else who is still left employed here in the U.S. that might want to stick up for their own rights, or the rights of others in regards to civil rights, human rights and more. This is so that even those who are left employed in our own country are so afraid to stand up for themselves in anyway, that our Constitution has been dissolved without ratification or Congressional Convention.
Yet, even if they did there is no way that they could ever be heard within any court, against such formidable odds that are now in place and precedence that stands in stark contrast to the expressions of Congress and to where Judges are using the Courts as their own playgrounds with no oversight or feedback to Congress.
From my own experience, attempts, documentation and letters I’d have to say unequivocally that the DHS/ U.S. Coast Guard does indeed know well and very much so as an “institution“, as do certain individuals within the USCG and even the Office of Administrative Law Judges and in other such “high places“ including the Judiciary. Let alone as do numerous individuals within Congress because I have informed them as such.
These proceedings are used by the USCG/ DHS to improperly impose itself upon and somehow “settle” labor disputes for this separate valid Federal Service, or worse absolutely destroy anyone who has any kind of a complaint whatsoever even if it already preexisted in civil court.
This is akin to the military stepping in, settling labor disputes for the FBI or CIA, or other valid Federal Services and is in fact prohibited by Congress. Or even as if the FBI stepped in and settled labor disputes for the CIA. Which is of course also prohibited.
It isn’t supposed to work that way.
I’ve attempted to, and in fact did inform the State, Federal and Appellate Judiciaries and even the USCG/ OALJ Administrative Law Judge and U.S. Coast Guard Commandant of what is going on, but they only ignored my reports and carried out further retaliations and denials by one “process“ or “procedure“ or another as I only gather more information to prove how even more involved and how deep this really goes.
The Federal Employees Labor Union, as a sign of how gross its own failures of a duty of fair representation are, no uses Admiralty lawyers to defend its own Federal Maritime Officers within any and all disputes, although we are governed by Admiralty and general maritime law and custom.
This is also one reason why we are considered to be “acting under the authority or our federal license” when in any proceedings, as a valid Federal Officer who has the right to address any court [28 USCA 1916], of which I have been denied aggressively and assertively by all parties.
Worse, the only time we see any admiralty lawyers is after they have hounded us so, and denied us due process repeatedly, then we are forced under conflicted counsel who are actually admiralty lawyers working as “Risk Managers” for the Shipping Companies, Union, Federal Trusts and even by default, and improperly so, the United States itself.
The Fiduciary responsibilities within admiralty and general maritime jurisdiction cannot be escaped by law under these practices, but all parties are doing it to their own ends and to detriment of Federal Officers and valid Federal Service and in fact our system of due process and rule by Constitutional law.
The Commandant himself [by direction] from within the USCG proceedings, had ordered after almost a full year that I had not yet somehow been “ripened” quite enough yet, and only when I appealed to him again directly. I appealed to the Commandant, as before, only after it was finally very clear that the USCG/ OALJ/ ALJ, and even my own conflicted counsel would not and did not intend to allow me into any hearings whatsoever and only by declaring that he was to accept a “CONTINGENT Motion for Summary Judgment.“
A Summary Judgment Motion that was not only faulted, but in fact riddled with numerous falsified medical information. This was only after prosecuting me aggressively and unlawfully for being “medically/ mentally incompetent“ which is unlawful as I’ve committed no crime. Being “medically/ mentally incompetent” is not something to be charged with. The Ninth Circuit [under Kosinski] ruled, that I must somehow wait until this whole mess goes through the NTSB somehow, but only after “hearing” by the USCG/ DHS of which still has not occurred more then a year after charges were lodged. So at some point USCG/ DHS, United States and NTSB trumps me again somehow, because they have so violated my own civil rights by denying me any due process hearing whatsoever.
What is going on is such gross abuse of authority and our system, and it is being encouraged by this general sense of lawlessness that is enveloping our country from top down. Justice Kosinski himself is well known as being against Whistle Blower Protection Act, even proper intent of the Office of Special Counsel and more, go figure.
The Federal District Court and even Ninth Circuit upon review of a civil rights complaint’s appeal, refused to intercede into matters of admiralty and general maritime law and more, of which they have original subject matter jurisdiction over. This was so even and although these matters had originally resided in civil court and I was pulled out of civil court by the United States.
Worse, both the District Court and Appellate Courts denied opportunity to prevent the obvious violation of Separation of Powers by the Department of Homeland Security and USCG, but even that civil rights complaint was only filed by the Federal Employers and walked through the courts by them, so as to again ensure to deny me a due process hearing, and another avenue of redress.
Worse, the Ninth Circuit [under Kosinski as part of a three member panel] reviewed the appeal, and supposedly on the Transcripts of the Record, but only upon Transcripts that clearly do not exist. I was never allowed into any proper oral due process hearing whatsoever, as required by law and statute, so that I might state in my own voice what was happening and what my complaints were.
Worse, as stated Kosinski is the most anti-whistle blower Justice sitting on the Ninth Circuit right now as was experienced in his tenure at the OSC and he has now openly stated in writing something that is just not true in regards to a Civil Rights Complaint and its subsequent appeal. Who now holds him accountable and the other Justices that signed this order?
I filed a very substantial document in this regard on appeal with the Ninth Circuit about 10 to 12 inches thick, and filed it under the Labor Management Reporting and Disclosure Act and it was ignored and denied as being moot.
The Ninth Circuit would not even allow me to file an appellate brief which violates so many laws that it is incredible. This was filed under my statutory rights therein to “free speech” as within any Court, or Tribunal or even Administrative proceeding under the LMRDA of 1959, and under other rights like 28 USCA 1916 that also grants such rights and the Ninth Circuit refused even a Rule 27-3 Emergency Motion to consolidate and combine the cases as I had been attempted to do for years.
All of this is well documented and well recorded showing a disturbing level of “abuse of authority” by even the Appellate Judiciary that is only going to guarantee that something like 9-11 occurs again, not by me, but the simple fact that our own ability to “complain“ and find redress or even inform any and all of the three branches of our Federal Government .
Far worse, that we have now become a vertically integrated, corporate and totalitarian State devoid of any level of Separation of Powers whatsoever, and devoid of more fundamental Constitutional principles set forth within the Bill of Rights. If not? Then why cannot I not have my grievances heard or find redress, let alone have the matters of the Licensed Personnel Board itself taken care of and a truly “neutral” third-party forum reestablished somehow?
One Federal Judge in L.A. District Court has played games like you would not believe in keeping me out of court entirely so I’d never be able to find redress whatsoever, and has gone as far as threatening me with sanctions if I persist. He has informed me by published Order that I should somehow be “happy” with the ruling that I am “medically/ mentally incompetent” and that if I am not that he will somehow give me “justice.”
One more reason I am so very afraid because this involves some many very powerful, and very untouchable, very corrupt if not very sadistic Federal Judges who are acting out and destroying the Bill of Rights and Constitutional rule of law as if somehow it did not matter and would remain unnoticed by anyone and everyone because it would abuse me so and that I could never be believed once the Administrative Law Judge put out his unlawful Order.
So many of these Orders and how they have all come about, ignoring the simple fact that they have all been by Summary Decree, is and would be very disturbing to just about anyone, if they survived to tell about it. That is the hope of these Justices, Federal Agencies that no one would be able to survive this to tell about it.
The Federal Employees Labor Union has already exhibited its gross failures of Duty of Fair Representation before this very same court numerous times, by even standing up defending the Federal Employers, but the Judge intentionally ignored this time and time again. This is the same Judge who threatened me, another Federal Officer with sanctions if I persist.
This same Judge, although conflicted as he has ruled on one of the previous cases and been asked to recuse himself from the other for his actions against me personally already, is maintaining the case against the Federal Employees Labor Union in stasis, and for years now and he will not afford me a due process hearing.
Now, not only are normal, average citizens being denied due process and free speech and first amendment rights as now is the norm, but even Federal Officers who are protected under admiralty and general maritime law. We are one of the most protected class of employees due to involvement with Civil Defense and National Security, but can not be heard now either.
Worse, are “prosecuted” on exercise of First Amendment and other rights as protected by Congress until left without any redress and one of the most “logical” options of fleeing the country.
The United States Merchant Marine as was intended by initial act of Congress in 1789 under the Judiciary Act, is much more then just the logistical support service for military logistics and supplies in times of war, or peace. In fact our service pre-dates many other even armed services of our country.
Our Federal Service was not intended either, to function as a fleet of slave ships as they have now become, without our proper system of due process so as to enforce our contracts or Articles of Agreement only so the Federal Employers and others can profit from this or make their own jobs easier.
Our own purpose in U.S. Merchant Marine, especially in times of peace is just as critical if not even more so then it is in times of war. In fact, if allowed to do our jobs as intended in times of peace to carry forth our flag on American vessels through constructive trade and commerce, these vessels not only function as floating embassies to all countries as initially envisioned by Congress, but further effectuate intended purposes toward National Security and Civil Defense.
Carrying out this aim specifically by using Federal Officers onboard, who are well protected, well-provisioned and well-provided for. More importantly, all Officers onboard are in fact ambassadors of and representing the United States. This was the original intent of Congress in 1789 under our Articles of Agreement and even again in 1936 and at other points in time throughout our history as a nation as expressed by Congress.
This is not the case right now and we are under extreme attack, from both foreign and domestic sources, and even our own representative union who do not have the authority to do what they have done in dissolving our Licensed Personnel Board, nor does the Federal Employers or the DHS/ USCG in working to support this dissolution.
With product dumping and other actions by China, does anyone feel we are not being duped in more ways then one somehow? Intentional currency suppression? We are losing standing in all regards and our security as a Nation is at risk, that is based on our Bill of Rights, Constitutional government and the Separation of Powers.
The mind-set of vertical integration is leeching its way into our form of government and beginning to look more like a monarchy then a system of the people, by the people and for the people. The PATRIOT Act has now accomplished this with the good graces of Congress.
It has now been almost seventy years or more, since any direct or substantial legislation has been set forth to protect Federal Maritime Officers as various attempts in between have worked to only, as eventually twisted around rob us of these rights rather then further protect us. Now we are subjugated to corrupt Federal Employee’s Labor Unions that are run by the combined efforts of the Federal Employers and even Federal Government [or even possibly the mafia].
In fact, a Representative Union that uses its resources, our own resources against its own Federal Officers only to defeat and injure our grievances and deny us numerous substantive rights and Congressional enactments toward our benefits.
The documentation I have in this regard is substantial. I have overwhelming proof to this end to clearly show what is going on, of which I have attempted to amass and pass to numerous Congressional Offices, the Courts, in fact all three branches of our government and been repeatedly denied. Some of this, at least in small part, was recently passed directly to Congressman Rohrbacher’s offices in California where I was again preempted by someone within his Washington, D.C. office, and not to help me out.
It would seem the intent was to again “preempt” and not to get this before Congress, and only so I could not deal directly with even my own Congressman‘s office. Something, as to who my Congressperson is, that has changed several times now through all of this as it spans more and more time. Furthermore, this was even carried out so as to tell me “not to provide any more information” to the Congressman’s offices and even force me to narrow the scope of this entire matter down to one question somehow. [?]
Worse to make me choose between personal relief and more global relief and proper restoration of our Licensed Personnel Board, rather then thorough investigations and both. The way things were handled made me feel very uncomfortable about what is really going on, especially with the impromptu preemption by the Washington “person” away from the local office and at an extreme inconvenience to me.
I can only hope this is “nothing“, but with my experiences so far its not hard to get a certain “feeling” when something does not seem right and you are being stonewalled more and more. I have no idea who this person was that called me from the local Congressman’s DC offices.
Documents have also been passed to many other Congresspersons beyond Congressman Rohrbacher, which more then sufficiently shows enough to require investigations and full hearings.
I have, as a Federal Officer faced minimally over seemingly forty different lawyers or more, as opposing counsel and many even pretending to be “my” counsel who have only taken that position bent with an intent on “keeping me quiet and from any proper due process hearing.”
This counsel, many of which were forced upon me under enormous conflicts in the USCG proceedings by both Federal Employers and Federal Employees Labor Union, only so as to ensure I would be torn in two, and be unable to even when eventually forced to, somehow prosecute the complaints or appeals myself.
One only need take a look at even the strong case precedence, or the simple lack thereof, of cases for Federal Maritime Officers being allowed as per statutes, into the courts to have their grievances resolved over the last 40 years or so. This is not because the Federal Employees Labor Union is doing its job either, in fact just the opposite as we have lacked representation for some time and even the Union wants to force its “right” upon me to “represent me in Court” so it does not have to represent me and to protect the Federal Employers?
Just a little too “weird”, if not improper, if you ask me.
These actions include being forced myself to stand in opposition to other Federal Officers in numerous Attorneys of the U.S. Coast Guard, the U.S. Attorney’s Offices who protected the Administrative Law Judge/ DHS/ USCG in the civil rights complaint and more. All who are intent on ensuring I could not and would not be heard in any venue whatsoever. This includes the ALJ, Commandant, at least 5 U.S. District Court Justices, about 12 Ninth Circuit Justices, so many administrative staff members and Deputy Clerks and more.
Why you ask? The intentional suppression of information and complaints, denial of free speech and flow of this proper information which is what caused and in fact encouraged 9-11 and the WTC to occur. This culture and attitude is what even allowed Enron, Tyco, Global Crossing and more to occur.
It is set to happen again and will soon unless we return to our fundamental principles which are Democracy, free speech, due process and more, all in a timely fashion for everyone, and not just those who can “afford it“.
Our Licensed Personnel Board must govern all Licensed Maritime Officers wherever they are found as it was intended. As Port Engineers even within MSC, NFAF, ASM, or whomever, and should include USCG Officers if duly licensed or Commissioned as they should be, to deal with and liaison with our own Federal Officers so they understand what we do in our separate Federal Service and are not used improperly as some bizarre kind of “labor dispute managers“ for the United States or Federal Employers or others.
The DHS/ USCG clearly does not, nor do they understand the constraints placed upon them by far too many statutes and codifications, nor do the ALJ’s from the USCG/ OALJ. This is not just an abuse of authority, this clearly goes to training and even accountability, something of which in many regards both are lacking. The Patriot Act is being abused as would seem unimaginable in our own country unless you had experienced it as I have.
This valid Federal Service of the United States Merchant Marine is also to act as a security and information gathering program for not only trade and commerce, but also intelligence both active and passive, in form of additional well trained eyes and ears. Receptors with a brain and training, to gather information for the United States while carrying out commerce and trade for America in as many ports around the globe as our great country can sustain, which would seem limitless.
Moreover, to ensure those transportation and commerce corridors and assets are not abused by any who have “access” to this system through improper programs of labor racketeering, smuggling or other such operations that can even include misdirection of transportation platforms as delivery systems of mass destruction and mass carnage, as a weapon itself without any explosive onboard.
The Exxon Valdez as just one more example of how something that has occurred already can be “altered” to be used as a weapon of intentional injury, rather then as an “accident.”
Bin Laden and his family and groups of assassins had ties to well over 27 vessels from various reports when 9-11 hit.
This is why the U. S. Merchant Marine has always been as intended to be for all vessels over 50 tons, and to functions as a valid Federal Service that was to carry the majority of our cargo on our ships with our Federal Officers onboard.
This goes to Civil and National Security and Defense, but is being ignored as eyes are set on only a fraction of what is to be incorporated in the “real” bottom-line. This is one reason why the Bill of Rights was properly extended into the work place by Franklin D. Roosevelt and others, especially for industries affecting “commerce” and “transportation” such as U.S. Merchant Marine, Rail, Air and other such industries that were protected and mandated under the Railway Labor Act.
This is an enormous problem right now, across the Board through all industries. The U.S. Merchant Marine is a little different as it is a valid Federal Service and was to be further protected by general maritime and admiralty law, which is now, more or less absent for the most part.
If we truly want to head back to the moon and to Mars, we need to address graft and corruption in our own procurement, construction, maintenance and repair programs before we launch into any more such enormous expenditures and this will not occur by simply allowing free market forces to prevail.
The Bill of Rights, as within our Licensed Personnel Board as was intended to guarantee to an entire class of Federal Officers is the best, most cost-effective and proper manner in-keeping with our Constitutional principles and must be restored.
Should our Constitution not rule all parts of our lives? For all peoples? Was this not the general intent to secure those inalienable rights and the Bill of Rights as derived from the Magna Carta and other such provisions, for all?
Not just the select few as our Constitution was intended to be and has been reinterpreted to be, to apply to all of us.
Of the people, by the people, for the people!
The Magna Carta was originally for the Nobles and to secure their rights. Our own Constitution was intended to be much, much more and extend the very same rights to all of our lawful citizens.
Is it not better to have some U.S. flag merchant vessel or its crew attacked in Yemen, rather then the USS Cole?
I know that sounds bad, but think about it. Which is more costly to the United States and its standing in the world? An attack upon an American flag commercial vessel? Or a flag-ship naval combatant like the USS Cole? Which vessel would be more normally attacked first as an easier target and more immediate sign of American presence to provide a much earlier warning of political problems or turmoil or insurgency in any certain region? Which is easier, quicker and cheaper to repair? Which would be damaged less by any such attack and probably not have any casualties to personnel, due to the design and manning particulars of each? What is a more critical loss to the immediate security of America at any given point in time?
All these considerations, let alone more important questions seem to be lost in the drive to not only deprive Americans of their own civil rights, but to even do so from Federal Officers whose civil rights are that much more important to protect. This is especially so if there is some hybrid mix of Federal Officers with corporations.
Take Abu Ghraib as a prime example. What has been carried out upon me is far worse, as I am an American citizen, in America and a patriot and graduate of a Federal Service Academy with the strongest protections under admiralty, general maritime and even constitutional law.
Where have all those protections now left me? More importantly, where does that leave everyone else? Not in a very good place and the courts, and all parties are acting as attack dogs under circumstances where we are actually “wards under admiralty” to any and all parties and this includes all Officers of the Court no matter where they may find themselves.
One can even take a quick look at how our fleet of VLCC’s and ULCC’s were used as minesweepers in the first Gulf War due to this very simple fact of a difference in cost, construction and intent, rather then using the Navy Combatants! This of course ignores the simple fact that we did not have any proper minesweepers at the time either. How much is a Commercial vessel? 100 to 200 million if built in the U.S. How much is a Naval Combatant? About 1 Billion depending on the platform.
The Aegis Class Missile Frigates or Destroyers as but one example. What is the price of not going into all of the world’s ports as we have done for decades if not centuries, with our own Commercial vessels and crews? What is the cost in good will by having the American flag only arrive in foreign ports now on Combatants and not vessels of trade?
All these larger issues are now forgotten as the race to the bottom-line in all regards ignores the long term costs that are displaced for the moment, but only grow geometrically when so displaced.
This is the disengagement from the world that America must return to, not the military engagement that we are being asked to embrace. Trade and commerce are the only proper ways to engage the world, not by carrying Democracy to Iraq or other foreign lands at the end of a bayonet. It is our trade, our commerce, our transportation and energy policies or in fact the lack thereof, that are now driving military policies or necessities, just like in the 1960’s.
This is more then just another “Vietnam” all over again, this is the entire era all over again and the Civil protests and riots are sure to follow and are already on the rise. This must be averted by Congress taking decisive action by investigating and resolving these issues quickly before they become a log jam of insurmountable problems.
Attempts are underway to do away with all labor and pollution and other regulatory laws. Worse to somehow let the markets drive everything, including somehow even civil rights?
Furthermore, our own programs of the U.S. Merchant Marine services is akin to, and was intended to function analogous to the way the Russian Merchant Service acted as an information gathering program prior to, during and after World War II. This included its own fishing fleets and more. This is much more common knowledge in regards to the Russian fleet then for how our own programs were also organized.
Our own commercial fleets were set-up almost identically as cost-effective, intelligent means that could “pay for themselves” to supplement spy satellites, covert information resources and other forms of intelligence gathering, but also protect our trade, commerce, and our goods while in transport, even our trade routes and more. This is one reason why such broad protections to all Federal Maritime Services and Officers were enacted by Congress, of which have been bastardized and corrupted immeasurably over the years.
Who now also has the largest commercial fishing fleet in the world? China.
Are our commercial vessels plying Chinese waters? Then why the rush to allow China to have commercial vessels plying our waters with the pressured insistence on doing away with our own Jones Act and sabotage laws?
This runs hand-in-hand with the open porous borders that neither have anything to do with National Security or Civil Defense.
This issue cannot wait as even now with what has been carried out upon me, the DHS/ USCG have just forced admiralty, general maritime and in fact “Constitutional law” for Articles of Agreement of a valid Federal Service and its Officers under the administrative thumb of a separate and distinct Federal Service at a huge cost to the taxpayer and our Bill of Rights.
This is in violation of centuries of admiralty and general maritime law and customs. The DHS/ USCG are strictly forbidden from deciding any portion of a labor dispute, which is exactly what they have now done herein and not just one labor dispute, but several.
The United States Fisheries Services itself was always part of our National and Civil Defense programs, of which has also been decimated and left even less protected then we are, but it is a side issue to the matters brought before Congress herein, but at some point needs to be revisited by Congress.
This is an important issue as even exemplified within recent events of mad cow disease, chicken flu, and other such problems in the food supply chain and must be seen as integral part of restructuring by Congress.
What is going on right now in America is identical to what occurred in NAZI Germany prior to World War II, and whether it be resultant of human nature, some bizarre form of herd mentality, a by-product of over-industrialization, some default issue, or the military-industrial complex, or whatever the real source may be, it is clearly happening!
Shutting down the borders, free speech and human rights violations, big brother technology, invasion of other countries to force our ideals upon them, outsourcing of jobs, the secrecy of the government and more. Our own Constitutional institutions like the Courts are simply shutting down and even becoming hostile to anyone who might bring forth a complaint or seek redress, especially if the Federal Government, Federal Employers or Federal Contractors or Fortune 1000 company are involved.
Right now, even Judges are so far above any level of censure or correction that they are carrying out abominations in our Courts, because they know they can get away with it and no one will or can hold them accountable. I cannot begin to tell you the kind of hell I have been put through at the hands of the courts as a whistle blower, federal officer, complainant and only because I sought redress and corrections of systemic failures that so many have been taking advantage of and for so long, something that they are counting on to continue and will do anything to guarantee this.
Many are scared because of the current outsourcing and more going on and will “kill” or “lie” or “maim” others so as to protect their own place at the feeding trough so to keep their families fed and the good jobs that many have attained by hook or by crook.
This is not a “safe environment” in any way shape or form as when things happen as they do, how is anyone expected to get to the bottom of things and ensure it does not happen again? A “fix” and correction is what is in order here, but because of the absolute dysfunction of the system this would even seem problematic.
If I am or was “mentally/ medically incompetent” as they have now somehow “proven” by seizing and falsifying medical records and more, then why take over a year to do so, and on top of and so as to affect those very civil complaints, while losing my homes, and demanding independent counsel and so much more, then even deny me a hearing?
I must have something really, really important and or “damaging” to say that will shake this administration and so many within it to the core.
Otherwise, why would the Department of Homeland Security, Courts and others so violate the civil rights and civil liberties and even civil complaints of a Federal Maritime Officer such as myself, unless something I had to say was just so “disturbing” to those in positions of power.
Or maybe those who have been corrupting the system for so long? Worse, why deny the very same Federal Officer any proper medical benefits, pension or due process so I might be heard in regards to not only what I have experienced specifically in the United States Merchant Marine and maritime industry, but in regards to tangential matters that I have witnessed and observed in the system as a whole.
Observations that have so bothered me, that I have been fighting against all odds to inform Congress of what I have seen on a widespread scale as I am further retaliated against in order to stifle me.
Things which I have only discovered in my own attempts to find redress regarding issues in the United States Merchant Marine that are truly disturbing.
Far worse, for the DHS/ USCG to then charge me with “medical/ mental incompetence” and prosecute me for this for over a year and do so without a hearing or trial or remedy, as even required under the Administrative Procedure Act and its intent and our Constitution and its Bill of Rights. Let alone in civil court where the matters were, before the Department of Homeland Security seized upon me and my civil rights, civil liberties and even civil complaints.
This is occurring under the authority of the Bush Administration as it has also been faxed to the White House and nothing has been done about it. The ALJ wanted me to somehow be put under his thumb for 18 months or more where I was to undergo therapy [?], but without a course of action as to, how, or why or who was even to pay for this and how, as a Federal Officer was I to survive in the mean time?
This is just another “trap” that these guys play using the DHS/ USCG/ OALJ/ ALJ to carry out these programs of abuse. We are taking out our “own” Federal Officers and China is doing it through influences applied through Wal-Mart and its membership on the Pacific Maritime Association along with these Federal Employers and others.
How can this be allowed to go on and so many people know about this and have done nothing to report it?
Yet, right now, China has more trained and professional eyes and ears working both passively and actively in its merchant fleet then any other country in the world. In fact, it has a large hand on the world food markets, delivery systems such as ships, trade routes, job markets, research and development programs and other important National and International resources which is only increasing with time. This includes the Panama canal and other logistical concerns.
Do we really think that they are going to just give this back willingly at some point?
Mankind has changed little and the need to dominate and control has not been lost in man over the eons. Yet, China has taken over the Panama canal, but we are still paying to train the Maritime Officers for the canal at Kings Point?
This just seems kind of like another mental lapse on our part. By current policies we are not only encouraging China to build the largest merchant marine fleet in the world as it already has done, but as result to foster a desire to build a supplementary deep-sea Navy to protect it, and project its total sea-power package around the globe as it is doing even now.
This is a basic fact of “human nature” and not just intellectual pressure or desire, as was identified minimally by Alfred Thayor Mahon toward projection of sea power as a total package and not just toward military sea power.
The two go hand-in-hand. In fact, one creates the need and desire for the other. Institutions for trade and the means to carry this out, create the need to protect it. Marco Polo and other global traders learned this, even when traders would bring back spices and other goods over land routes from the Far East.
We are not only providing China with a compelling reason, we are providing China with means to do this, as our own industrial base, technology, research and development, and manufacturing at all levels are run overseas.
This is placing us on the brink of continual National Security failures that will not cease until Congress revisits our transportation and other programs to care for the vitality and health of our own populace and our labor and wage laws. This includes the airline industry as certain “industries” that affect “commerce” and “transportation” should not be left up to the whims of the free market or market place.
What is transpiring right now in America is identical to the full scale rummage sale that occurred in the previous States of the USSR after fall of Communism. A large majority of this within our own country is being carried out ONLY to offshore these jobs, steal pensions and other benefits, then only POSSIBLY and only POSSIBLY bring the jobs back to America at Walmart type wage scales, and also deprive Americans of proper industrial due process in any and all regards through these processes.
The question remains will any return, or even be soon enough? Or will the theft of Pensions and Benefit programs, and yes even Federal Programs place such unbearable burdens on America that it cannot cope with and even launches us more head long into World War III?
No economy is strong enough to withstand wholesale industry-wide decimations and this type of rummage sale mentality so as to profit a very few.
We are literally resting on the cusp of disaster, and oil or war in Iraq are not the biggest or most pressing problems. The instability in homes, the workforce, the work place, pension, medical benefits, communities, and the lives of the general populace is what is causing worldwide turmoil and is only going to increase unless Congress quickly puts its foot down on the current trends and stops them dead in their tracks, or we will become a third world economy.
If you cannot see it happening before your very eyes, take a look at the rest of the world and begin to listen to the people and not the statistics that are being fudged. Everyone out here is “expecting” a massive bubble and the signs are already popping up everywhere.
This is not a safe place for us from even a militaristic, but especially from an economic point of view which would inhibit requirement of any more militaristic necessities. Right now we are being played the fools and our Nation as a whole is being “primed” for war, just as the German nation was prior to World War II.
A strong economy and well protected and well provisioned general populace makes for a system that can be converted to war time efforts overnight if necessary, as we accomplished during World War II and somewhat miraculously so.
Two issues of economic health and military viability and integration are inseparable and must be concerns for Congress, especially and specifically for a Federal Service like the U.S. Merchant Marine. It was generally both our industrial might and democratic institutions as guaranteed to the U.S. Merchant Marine and other industries that guaranteed our decisive victory within World War II.
All of these democratic institutions are being wiped out by corporate efforts and gross corruptions, even within the Unions. Yet, as it stands now, not only are our factories and manufacturing abilities being decimated at all levels, so are various transportation systems and programs for industrial due process as instituted over generations. Something that not only brought us prosperity, but the means to protect that same prosperity, both on an individual and even collective basis.
This is something that is being freely given to China at our own expense as our countries assets are being sold to the highest bidder, and is identical to what happened in the USSR after the fall of the wall. The bigger picture is being ignored and band-aids are not being issued quick enough. Serious structural changes need to be instituted to bring back the Bill of Rights to all, so as to be arrived at in a timely, equitable and neutral fashion.
For the Navy and even our U.S. Merchant Marine, both are integral portions for projection of power, the importance of these concepts were first set forth more formally as espoused by Alfred Thayor Mahon in his writings on projection of sea power and maritime related philosophies in the 1800’s. This was something as required study at Kings Point, and was most likely proper study at the Naval Academy at Annapolis also.
It is as valid today as it was then.
Numerous, in fact well over 300 Admirals, Generals, Captains and other military and political leaders in a single letter alone, and many others have written to and lobbied Congress in the past to resuscitate our own commercial maritime industry and Merchant Marine. This only created the more recent building program of the military logistic vessels of the LMSR‘s and not any real number of true commercial vessels under our flag.
Yet, even now our own Navy is doing more work in foreign repair ship yards, rather then American ship yards, and our U.S. Merchant Marine is not carrying out its most important role from within an active and vital basis of trade and commerce, especially from under our Constitutional principles. We need to rebuild even our shipyards to state of the art facilities that can be converted to make tanks, machinery, equipment for space programs, the drive to Mars, prefabricated freeways, pipelines and more.
Our entire infrastructure used to be the jewel of the world, but is now and has been for sometime falling into such great disrepair. We need refineries, alternative fuels, 22nd century mass transit systems, and so much more and we need to be building it here under our proper Constitutional rule of law.
Setting all political and policy issues aside, most that are much larger issues of concern for the more intellectual types like those in Congress, back to the more nuts and bolts issues of problems facing our U.S. Merchant Fleet and Federal Maritime Officers. Those more immediate issues facing our Federal Officers are problems that are closely intertwined with aforementioned more global matters, but can and must be addressed more immediately then the larger issues and concerns.
As it stands the current U.S. Merchant Marine fleet and its Officers are left without any proper standing before any neutral Board, any Court, or before any Tribunal for proper and timely redress of any grievances as required by laws, rules, regulation, contracts and public policy.
This is a program or policy that seems to be growing and pushed even nationwide for all industries and all professions, especially even many Federal Services. This is due to the misapplication of current polices, or even possibly lack of more full and proper oversight on employment issues and democratic principles, and subsequent vertical integration and the obvious strength of the Multi-Nationals. This is also due to a large number of players who should be involved on oversight but are not, in fact carrying out programs counter to the intents as expressed by Congress.
As a perfect example of what I speak of in my own situation to many who have been contacted like the DOT I.G.‘s Offices, Department of Labor and others all who are no longer carrying out the roles intended and in fact mandated by Congress.
Worse, since many of our rights are entrusted to Federal Employers and Federal Employees Labor Union as “general agencies” of the United States to watch over our benefits and interests for this very unique set of programs with Federal Officers and our strong provisions, the corruptions therein are directly affecting us and our rights and benefits because it is very lucrative to do so.
This is the same union that has already been investigated and charges levied for labor racketeering and that people were found guilty of and went to jail in regards to. It is being investigated right now in Florida with Walter Browne of the National Federation of Public and Private Employees who carries a Credit Card from my own Federal and State Transportation Employees Labor Union.
The most central issue for us being the absence of our timely, neutral third-party system of due process to gain access to, or address disputes over those rights, including employment, or even issues on “representation“. We are valid Federal Officers intentionally embedded in an industry affecting “commerce” and “transportation” and bearing directly on National Security and Civil Defense that is often times grossly misunderstood and because of that, overly abused.
This is one reason why it is specifically requested the Secretary of Transportation and members of Senate Commerce Committee, Congressional Transportation Committee, Government Reform Committee, Senate Judiciary Committees and others become directly, immediately involved and request broad hearings and order investigations by appropriate authorities with mandated and open hearings therein.
Not to have individuals stifled under improper retaliatory “psychological examinations”, or other such measures only intended to quiet valid complaints and appeals, as has been carried out upon me. Rather for Congress to require full open hearings before a Committee or Committees from any and all Federal Maritime Officers who wish to be heard about what is going on.
Even a quick audit of the Licensed Personnel Board and any records of grievances and redresses and actual convening, as can be carried out under OMB, or the GAO would be very, very revealing.
Moreover, individual Federal Officers must be allowed to address the Committee, or Committees directly, and not just allow those “representative sorts” or politicians who may wish to inform Congress that everything “is working just fine“.
It is not.
This is something that is affecting Rail, Air, Commercial Shipping, even Technology and Telecommunications and all other programs involving and affecting “transportation”, “commerce” and even “information systems” as were always strongly protected by Congress.
Due to this new, more corporate mind-set issues of National Security are no longer considered properly by Big Government and especially not by Big Business and what is going on is being driven by the Department of Homeland Security and carried out under gross abuses of Civil Rights under the Patriot Act as I’ve experienced myself personally, repeatedly. These habits are set to grow and expand under current programs. What is far worse is the Patriot Act is being used against American citizens like myself, where civil rights, civil liberties and even civil complaints are being violated grossly.
I have substantial evidence that has been collected in regards to what has been carried out not only upon me, but to show specifically why the PATRIOT Act must be rescinded or allowed to lapse.
This is due to gross violations of civil rights and civil liberties that will only worsen with time unless addressed, but even the existence of the Department of Homeland Security itself needs to be reconsidered if not quickly dissolved as this constitutes vertical integration of the Federal Government and overstepping the Separation of Powers and is causing the dissolution of Civil Rights and our Bill of Rights.
This act is not in-keeping with our own Constitution. Right now the Department of Homeland Security, as I have experienced, is being used as a “Gestapo” for the Corporations and Governmental agencies to cover-up whistle blowing and even deny and affect and injure civil complaints.
The Patriot Act is not serving the American public in general if at all, nor long term goals of Democratic institutions that bear upon constitutional privileges and must be rethought along with other moves and policies which are widely affecting our civil rights. Civil Rights are part and parcel and that in turn do affect more proper Civil Defense and National Security.
The Bill of Rights is not only to protect the individual rights of each and all citizens, but moreover by doing this ward off tyranny.
Maybe what I have experienced is just some personal anomaly directed only at me by a bunch of vindictive sorts, but I do not believe so and that it is more intentional and a widespread program to end civil rights and even the ability to file or press forward any civil complaints to enforce our civil liberties.
Civil defense which includes the ability to openly file, seek and find redress on civil complaints is integral to National Security. This is all being pushed and even orchestrated by the enormous wealth and influence of the multi-Nationals and Corporations and even our own Federal Government.
Has mankind not learned from his own long and checkered past into these sorts of deprivations.
Specifically, to our own system of industrial due process as Federal Officers was set-up as intended to have any and all disputes handled within thirty [30] days and as soon as twenty-four [24] hours if requested by any party. This was intended to be by request of either the Federal Maritime Officers under their own independent rights, or Federal Employers [Shipping Company], or Federal Employees Labor Union within a mandatory arbitral mechanism known as the Licensed Personnel Board [Exhibit ___]. It was set-up this way, as established by the Secretary of Transportation and Congress, because of intertwined involvement with Civil Defense, National Security and our positions as valid Federal Officers.
This Licensed Personnel Board process was set-up specifically for this industry and its licensed Federal Officers, but numerous other laws like the Labor Management Reporting and Disclosure Act support these very strong protections as does Sarbanes-Oxley, Whistle Blower Protection Act and many others that are all being overrun, let alone the more commanding strength of admiralty and general maritime law.
I have not only been denied access to the Licensed Personnel Board repeatedly [because it no longer exists], but have been retaliated against not only for my own initial grievances.
More importantly for my attempts to gain access to it and then final discovery that it is no more. Retaliated against for my attempts to report to Congress and others and seek correction and redress.
The Department of Transportation, Maritime Administration, Department of Homeland Security, United States Coast Guard and others are well aware of this and have only acted upon me, rather then focus resources on the real problems and correct them. What is going on now is that the Federal Employers and Federal Employees Labor Union believe that our individual Federal Employment Contracts or Articles of Agreement are between the Federal Employers and the Federal Employees Labor Union and not between the Federal Employer and Federal Officer.
This is absurd, but this is exactly what they have presented in courts and the courts have agreed with them both. We have no right to enforce our own Articles of Agreement as Federal Officers with our Federal Employers who are supposed to be “acting as if it is the United States” under its charter by General Agency Agreements. Now somehow only the Federal Employees Labor Union can decide to prosecute or present a grievance within our mandatory board that is no more. Sounds a little “odd” to say the very least as it stands in stark contrast to so many specific laws and customs, let alone our own Bill of Rights. Again brings things back to issues of “taxation without representation.”
None of our numerous statutes, protections or contractual provisions are being enforced or followed for us as Federal Officers. In fact, they are being overrun only to steal from these Federal Trusts set-up for this Federal Service. In fact, nationwide all labor laws and dispute resolution programs are mostly now defunct, dissolved, corrupted and not enforced as I have discovered due to the strength that the corporations have assumed over our country, its programs, and constitutional democratic institutions.
This forms the most disturbing and dangerous turn of events to the health of America as a free and democratic country and as ruled by Constitutional rule of law as anyone can imagine. I have seen far too many of the signs in all my numerous attempts to be heard about what is going on in the U.S. Merchant Marine to make this very clear and very disturbing.
This is not just about me, or only because I have “blown the whistle” either. It is because the systems are shutting down more and more, as those in control are in control of everything, corporate and governmental, and the complex system of checks and balances on Power and abuses therein, are now absent and spreading out of the “power base“ has been stunted for sometime by the attacks on our labor laws.
The power base has been so consolidated and to such a degree as to guarantee these democratic processes are now absolutely devoid from the lives of average citizens, even now Federal Officers.
When wealth and power becomes so concentrated in and so few hands as now, not only are economic bottlenecks created, but so it adversely affects free and fair trade and politics and our own privileges as granted in our own Bill of Rights.
Right now this is due to a generational hand-over of power, that is going on but has been stymied by absence of even the previous mandatory 55-year-old retirement age. To ring out the old and bring in the new.
This was instituted to prevent some these types of generational holds, and abuses on power that right now are so widespread as to be clearly out of control and not so much due to longevity, but the unwillingness of certain types to move on or their own desire to continue to stay in the game and corrupt the process some more.
Congress well understood if individuals stay around too long it then becomes much more about politics and games then about doing about actually doing the job. Another reason pensions were so strongly protected by Congress, and something that is also under considerable attack to now seize them improperly which has increased to record levels over the last 20 years. Take a look at how many people are actually getting pensions right now on retirement.
A simple example of what I speak of as it relates to me and the gross level of corruptions across the board, is a Civil Rights complaint that was filed in Federal District Court and reviewed by the Ninth Circuit [03-57025] supposedly on the “transcripts” of the record upon appeal as stated.
Only problem is there were no transcripts to be reviewed on appeal, as I was never allowed to attend due process hearing or say anything, as was repeatedly requested but it was dismissed in record time.
This was because this was not “me” appearing in court, but others saying that they were appearing on my behalf. Worse this action was filed by the Federal Trusts, as controlled by the Federal Employers/ Shipping Companies and Federal Employees Labor Union and walked through court so I could never be heard and block just one more avenue of redress for me.
The use of even Summary Judgment under Rule 56 C has become so unconstitutional and a program of retaliation, but only after the Courts are used as a detention center, as to truly be disturbing.
Our complaints as Federal Officers are to be heard within 30 days and as per Federal Contracts which are Articles of Agreement, this should include the various courts. This should be required not only within the Licensed Personnel Board as it is supposed to, but also either in State or Federal or even Appellate Circuit or even under our rights to original subject matter jurisdiction in the Circuit and Supreme Court. Something we cannot attain access to on any single one of these venues or jurisdictions.
The Federal Employers and Federal Employees Labor Union, both of who already had been sued by me, and were in very strong positions of direct conflict, took control of my legal aid under its control over our Federal Trusts and only to represent their interests in Court as my counsel and not my own, while only pretending to be “my” lawyers as I fought to be heard and have them recuse themselves and allow me get independent counsel as paid for by the Federal Trusts.
One reason they would not allow me to attend nor even allow any due process hearings whatsoever where I might, as per 28 USCA 1916, present and prosecute the complaint or appeals myself as a Federal Officer and say in my own voice what is and has been going on.
The intent is clear, to so deprive me of civil and human rights, and so overload me with retaliations and continual creation of more and more disputes, and worse even file more and more complaints from under my own name, that I might never survive or be in any frame of mind to inform anyone about what has been going on.
This involves very serious issues including not only whistle blowing, but admiralty, general maritime, even constitutional law and other such principles and corruptions there of, and the only reason I continue to fight so hard that this does not go uncorrected as this about more then just me. This is clearly about our country as a whole right now and the end of Constitutional law as we knew it.
Denial of access to this proper, neutral Licensed Personnel Board is a violation of far too many laws as espoused by Congress, and fundamental Constitutional principles established within the Bill of Rights, which does affect the integrity of Civil Defense and National Security even if one were to ignore that this is a Federal Service. This is where the initial violations of my own civil rights and human rights began, and have been continued to hide the simple fact that our neutral, third-party Licensed Personnel Board has been stolen from us and the funds intended to provide for it, along with it.
People really need to start realizing that we have some serious concerns pervading our nation right now and its more sacred institutions, as I have been being destroyed in my own attempts to inform Congress and get it to act and intervene before it is too late.
One Federal Employer, along with the Federal Employees Labor Union, even put forth to the District Court Ninth Circuit that I had filed more then “75 grievances” as if this were somehow a “bad thing” and rather then have the courts ask, wonder or consider that something was gravely wrong and not with me if 75 grievances were filed and not one was heard in the proper, mandatory fashion as required to do by law and by contract. This attitude of “lawlessness” is again being driven from the top down.
Our Board is supposed to convene every 30 days and hear any and all disputes. The Board is supposed to consist of paid 5 Licensed Arbitrators who are all “neutral”, but with 2 chosen by the Federal Employers Associations like the Pacific Maritime Association to represent “their” interests, and 2 chosen by the Federal Employees Labor Union to represent the interests of the Federal Employers, with the 5th chosen as and acting as the neutral Chairman of the Board who is chosen through a process of mutual exclusions [Exhibit ___].
The arbitrators for the Federal Employers are still supposed to be representing the United States, which by default under both admiralty and general maritime law and custom is on behalf of the seaman or Federal Maritime Officers in a Fiduciary to Beneficiary role.
The Federal Employers are not paid by the United States under these enormous Trusts to be the “opposition” against Federal Officers, but that is exactly what is going on and much worse. The associated personnel and costs incurred for this Board are to be funded by our Federal Trusts that are paid out to the Federal Employers and Federal Employees Labor Union on behalf of the Federal Officers. This is not even close to what is going on right now.
Worse this is costing the U.S. Taxpayer and U.S. treasury untold amounts in minimally hundreds of millions of dollars by theft and diversions being carried out by the Federal Employers/ Shipping Companies, Protection and Indemnity Insurance Clubs and others, including Federal Agencies. Even the Maritime Administration’s attitude toward its own Federal Officers is openly hostile and sides with the Federal Employers, rather then the Federal Officers. How can this be?
The proper processes for our own industry are now entirely absent and this improper absence and repercussions are being actively felt and aggressively pressed upon all Federal Officers so as to stifle, even oppress us as an entire class of Federal Employees. This is so we cannot gain access to our own proper benefits unless working directly for a specific Federal Employer and guaranteed all benefits as such, by intentionally working to deny them from others.
Not only are we blocked from all avenues of redress for grievances, but our due process and other rights and benefits are being pilfered and denied arbitrarily, and our Federal Pensions and Federal Good and Welfare Funds, Federal Medical Plans and Trusts and more, are being robbed blindly and even used as corporate slush funds. This is akin to the aforementioned corporate scandals of Enron and Tyco and others, but on a much larger scale spanning almost all the 50 States, various Federal and State transportation programs, and representative Federal and State Employees Labor Union, the Judiciary and more.
One reason the present status of even using Pensions as “assets” rather then as tax liabilities on balance-sheets for companies, needs to be revisited somehow by Congress as this is encouraging theft and improper retention of these Pension funds only to benefit the Federal Employers and not the Federal Employees. This is importantly affecting all industries and all pensions and not just our own, both public and private. Ours are in fact Federal Trusts that should not be counted by any Federal Employer as an asset as this is improperly and unfairly buoying the net worth of the Federal Employers.
Immediate audits of our Federal and State Transportation programs and all involved Federal Employers and Programs including the Federal Employers Labor Union and others, and associated Federal Trusts needs to be initiated by Congress under GAO or OMB and carried out quickly, or even with an independent firm tasked and with incentives to uncover the truth. The proper contributions and other requirements pressed upon the Federal Employers and paid to them under Federal Trusts need to be demanded to revitalize various Federal Trusts that have been stolen from consistently.
The accounting scandals of the corporate culture are pervading our own Federal Trusts and we cannot get an outside and honest audit of them due to the enormous conflicts and corruptions and because this is such a misunderstood program. Proper contributions for medical benefits, pensions and other programs are no longer being made from the Federal Trusts paid out to employers to fund these programs. Instead they are being diverted into their own private coffers and are forcing unnecessary, enormous outfalls upon other programs and even society as a whole.
Importantly, this union of the Marine Engineer’s Beneficial Association has already been investigated before for labor racketeering, pension scandals and numerous individuals have been found guilty and even gone to jail. Is it so hard to believe that the same or far worse is going on again? The FBI seems to think so, as this has been reported to the FBI repeatedly, even by myself, and rather then investigate the Federal Employees Labor Union, Federal Employers and others involved, they have ignored the reports and allowed various parties to go after me even more so.
In fact, upon my formal written complaints to the FBI in San Diego the Federal Employees Labor Union responded by declaring me a “physical threat” and lobbying its own counter-complaint against me with the FBI. The FBI never visited me in regards to my own complaints, but it did visit me in response to the counter-complaints lodged against me by my own Federal Employees Labor Union.
Because I have not only figured out this complex system of programs and how they are supposed to work, and the high level of gross corruptions and thefts going on, and my own rights as far as the Articles of Agreement and other information the Federal Employers, Federal Employees Labor Union, Federal Trusts, Federal Government, Protection and Indemnity Insurance Clubs and many individuals are set against me ever being heard about what is going on within any proper forum or neutral format.
Instead, to cover it all up they have now al orchestrated and created the “fact” that I am now declared to be “medically/ mentally incompetent” without a hearing or trial, let alone probable cause, valid charges or anything even remotely similar to the way “things are supposed to be.”
If not addressed now, problems like with what I am facing now and for sometime, Congress will be faced with much larger problems to handle, something that with the current state of affairs it is ill-equipped to handle in both time and especially resources. Congress cannot hope to ever overcome domino effects, resultant from the diversionary tactics that are building to such disproportionate levels to cause imminent collapse of many of our own institutions, one by one. It is creating a multi-fold problem and it is all centered around one problem; corruption.
One problem is that by improperly building-up longevity and vitality of various fail-safe or welfare programs like Social Security, certain benefit programs are being denied as best and as much, and as long as possible only to inflate the fund. This on the other hand of course, is pressing people further down into poverty to where they have no chance of somehow pulling themselves back up again, no matter how well educated or how fortunate they might have previously been, like myself. The current widespread trends even within the Judiciary as I’ve experienced, are but a very relative and only small example of what I mean where average citizens are blocked from redress, let alone Federal Officers.
One of the key targets in all of this is the highly educated and well trained people like myself whose training and education spans a life time, and we are not supposed to be “taken out” without recompense, or it encourages the types of behaviors as has occurred against me so to allow certain types to be able to hide the corrupt practices forever.
A thorough understanding of even what happened within the most recent United Food and Commercial Worker’s Union strike is but one example of how deep and pervasive and all encompassing these programs are. The entire country is being set-up and basically franchised out to where the various conglomerates and employers feel that they can just carry this “warm body syndrome” to the extreme and use uneducated, even illegal or undocumented workers [like Wal Mart was caught with doing] and even push to hire people via “psychological examinations” and requiring or requesting “happy people” only. It is going on, as I even encountered recently at STAPLES and no one is looking into this as the DOL is too busy trying to change the Fair Labor Standards Act to do away with overtime for anyone who has government training or experience. [?]
One only need take a look at the most recent rulings even by the Supreme Court in regards to HMO’s to see the constant trend and chipping away of all of our civil rights. All of our civil rights. The Federal Government has now preempted almost all State rights both on an individual and even collective basis, even under the Commerce Clause that has traditionally always been the role of Congress as our legislators.
Congress has even abdicated our right of Commerce within our own States to the Executive now under “Fast-track authority“, as even have been our own Judicial rights that were to be within the Judiciary under Article III. Now they are also preempted even under and by the Administrative Procedure Act, collective bargaining laws and much more.
One reason why “everyone” must have a license and lots of certification to be employed, especially in any decent job. Something that only acts as and is used for counter-attacks if one should file a civil complaint against any Federal Employer, or Fortune 1000 Corporation. Now State’s citizens have little or no rights anymore within any State Court and will surely not find it within Federal Court, unless you have deep pockets and even then it is doubtful.
What is far worse is all of the various forms of “preemption” are not being used to create one homogenous body of law across the nation for labor, health, medical benefits, victim’s rights and more and ensure in fact guarantee the Bill of Rights to all citizens equally. No this whole complex program of across the board preemption is being used to DENY any and all redress across the board from any and all citizens and individuals. It is being carried out to create one enormous vacuum of law to where no one can seek, nor find redress anymore as the corporations have assumed control and custody over our Federal Government, our Courts, our Judiciary, our Legislature, our human rights, our civil rights and in fact our own future.
A monarchy has already been created and the Separation of Powers been dissolved and now it may be too late to change any of this. One must consider that we are operating under marshal law, the commerce rights have been tripped from the states, the right to sue has been preempted by one means or another, the ability to petition our government for a redress of grievances has been annulled, sovereign immunity is being enforced and so much more.
The Federal, even State Courts and Institutions are even being fortified against our own citizenry, not terrorists, and our own access to the Courts is being denied repeatedly by process or procedure, rules, regulations, administrative process and more.
This is the “Pearl Harbor” that the corporations have been waiting for to completely rescind any and all labor laws, workers rights, civil rights, the Bill of Rights, human rights and any such protections and to absolve, take-over or control any and all “neutral third-party forums”, the three branches of the government and push us all into the “New World Order.”
This is not “America” or “American” it is a fascist State. This is occurring to a point where even individuals, the poor, illiterate, the indigent are being denied access to redress from their own government as guaranteed by our own Bill of Rights and Constitution. Only problem is I am not illiterate, nor uneducated, but at the top several percentage points of the general populace in intellect, education and training and a prime target for this administration and our own Federal Government.
Do I really sound or write like I am somehow “medically/ mentally incompetent”?? Yet, what I have seen and experienced myself and attempted to report, and has been intentionally blocked and stymied, and although has carried out grave and grievous injuries upon me and my person, only compels me to fight that much harder to be heard about what is going on out here in “middle America.”
It is very, very serious and only Congress can correct this. What is going on is “wag the dog” to the extreme and is intended as a diversionary tactic to seize our own country from us and it has already happened to a large degree.
This is clearly what is happening and Bin Laden and others have won if we do not reverse this trend ourselves, because our own country is now going after its own citizens, and by violating the Geneva conventions, even civil rights and more, like it has been done to me. The Federal Government will not even be “Big” enough to admit it is wrong, or that individuals have carried out gross violations of civil and human rights and put a stop to it and correct it. Instead it would rather allow human nature to take its final toll, and rather then do the right thing by putting an end to such behavior when reported.
Problem is, far too many are resting above the law right now, and far too well insulated from any level of redress or corrections. If one has a contrary opinion and actually expresses it, they are then chastised and retaliated upon endlessly with such refinement and planning as to truly be so disturbing, as from my own level of experience and this includes our own Courts.
The Courts are now acting more like detention and torture centers, rather then venues for impartial redress and hearings and settlements of disputes, by “disinterested parties.” Some may feel this an exaggeration of sorts, but not from what I have observed personally, of which I can testify to under oath and of which I have an inordinate amount of evidence toward.
This complex and enormous series of problems and numerous dysfunctional systems within the U.S. Merchant Marine itself, has only touched upon the general trends tangentially and has exposed the bigger picture to me about these very dangerous trends. This long standing trend and its nature within our own industry cannot ignored as it points to more widespread systemic failures of all fail-safe programs that, even now are barely being addressed or confronted in wake of 9-11 and World Trade Center incident of 2001.
In our own industry this widespread and long-standing denial of due process and enforcement of our own Articles of Agreement has been going on close to 20 years if not far more. So one must ask themselves what’s going on with “organized labor” as a whole?
The Corporations have bided their time and made in-roads and then just simply taken over by planting their own people within the Unions. This is very, very evident and very, very dangerous. This includes all programs for Civil Defense and just as importantly the Civil Welfare of our American populace including Social Security and other programs that are being affected, many of which our own people are now unable to obtain, until it is far too late.
This is only being used as a means to somehow fund our own programs within the Merchant Marine [or even social Security] from say the pressured or forced or even negligent death of certain people, by even further or continuous injury and loss to these people and denial of their benefits, rather then from properly growing and maintaining the programs and funds by proper contributions or fiduciary .. Yet we are building roads and schools in Iraq? Outsourcing? Driving down wages and working conditions? Granting fast-track commerce negotiations to the President which has always been the area of governance of the people, by the people and for the people within Congress.
Our own Federal Trusts are paid out to and entrusted to the Federal Employers and Federal Employees Labor Union to properly fund these programs that provide us all of our benefits to us. These are not the only programs, especially Federal Programs that are being “gamed” in this way, and the Department of Justice, FBI and others will do nothing about it as much of this is being driven from Washington.
These programs of our own taxpayers, of course are not supposed to include the pension programs for illegal aliens so they can head back to Mexico with a supposed “pension” that will only be stolen from them also, and from under one guise or another as is happening to our own people, even Federal Officers. Is this why Vincente Fox has vowed to protect his people who are here unlawfully? George Bush has stated on television to the public that he wishes to work to obtain “pensions” for all undocumented workers and illegal aliens so that they have something to take back to their own country with them. What? Yes. Think about this and how hard President Bush has been fighting to do away with “overtime” for our own employees who have had any government training or experience, and then turns to fight for pensions for the “Mexican nationals” who are in our own country illegally?
It does not take a rocket scientist to figure out the real intent here. Bush is anti-labor, anti-human rights, anti-civil rights, pro oil, pro worker abuse, pro corporation, and only wishes to set-up another “annuity program” that can be used as another unlawful tax to be skimmed right off the top of hard-working people’s backs, whether they be American Nationals [which the Federal government and Corporations already have a lock on] or Mexican Nationals, who the Federal Government and even Corporations do not have a finger on or a hand in their pocket yet. The undocumented workers or illegal aliens, many do not have driver’s licenses, or business licenses, or pay taxes, or “documentation”, or other such means of “control” that have been instituted for all Americans. This is the reason for the push to have them documented, especially under the Department of Homeland Security.
Theft of the pensions and benefits of native born and legal immigrant Americans is just another unlawful tax placed upon American people, let alone Federal Officers that is being carried out at a sickening pace. Federal Officers is bad enough. Worse, this should not now be instituted nor carried out upon poor, illegal immigrants who do not know about, understand, nor can even gain proper access to the Bill of Rights through the courts, or those who do not have a Constitutional right to any of these benefits anyway as they are not citizens.
We, even as Federal Officers with the strongest protections out there cannot gain access to our own courts to have matters settled and find redress, even though so granted. So how can we extend this to other countries and other peoples somehow. At least they are not being misled, yet. Our own natural born citizens are having enough trouble as it is so how can we work so hard to now “guarantee“ this to illegal aliens who entered our country unlawfully? Yet, this is the current drive to create pensions for illegal or undocumented immigrants, but we cannot even secure them for our own people, let alone for Federal Officers.
Right now, in court less then 1% of complaints now actually make it to trial in Federal District Court and this is not from alternative processes, this is from stonewalling and being driven from courts screaming in horror. Less then 1% are actually heard or granted in the Supreme Court and they actively inform you that you have little chance of being heard at all by administrative staff. Is this equal protection under the law?
Why does George Bush want “Unions” in Iraq? Start putting all the pieces together and it is not hard to figure out. One more way to create an annuity and then deprive it through administrative process or other means.
Why does the current administration wish to have such a hand in on the creation of the government in Iraq? Why do so many in the world hate America [as opposed to “Americans”] right now? It is the corporate structure and model that is marching around the globe and abusing people.
Social Security needs to be revised, as was intended to be a portable retirement program, that any and all of a persons employment would pay into and not into 401-k’s or other Pension programs, or money-purchase-benefit programs that should not be held by the employer. Payment of all of these into SS accounts as a Pension and Retirement bank account to be borrowed from and would cover short term, long term and other type of aid in times of crisis or necessity is in order.
We now can no longer easily access our own Social Security accounts or benefits as was intended, as the Administrative Procedure Act is being used as a blockade to those benefits. We paid for these benefits. It is like having a checking out, that you do have control over.
Who raised the minimum age of Social Security, retirement and other programs now? Social Security as originally intended was to be one portable account for all purposes, all employment, as is the most logical solution to Pension problems, theft therein, true portability, related insurance, guarantees and other such problems.
Two years as a waiter and its respective contributions, a year as a cook at another place, engineer, manager, all the various places of employment and proportionate payments should be made into the SS account that is portable and guaranteed and not “kept“ by the employer when a person leaves. This is the proper way to ensure that our pensions and futures are secure and not stolen from us and that numerous and various welfare programs are not required, or are properly funded by industry.
We must begin to rethink how we do business and one of the core issues is effective, neutral and timely due process and correction of enormous and gross fraud and corruptions that affect the system. Forget about our tax system for now, that is another story, but even now this, in the form of the IRS is being used against me as just another form of retaliation and to find a violation that I can be prosecuted for.
How deep into the trenches of this class warfare that has been raging “behind the scenes” and is only now beginning to boil to the surface as it has gotten so out of control. The signs of the times are parallel to those at the time of creation of our first and second Continental Congress and our own access and level of “[gross]… taxation without Representation” has hit an all time high like no other time in our history, except during the Revolutionary War period. Must we go there again? Hopefully, not if Congress would realize that these current corruptions of the proper process and procedures are so widespread, and so endemic and so dangerous.
Although, as another more general example, one might attain some level of comfort in the knowledge of the simple fact now espoused about our Social Security Program’s life and solvency that has now been somehow extended to 2052 or so. Yet, one must look deeper to understand, or even question the real problems and what is nothing but a transparent proclaimed “correction.” The Social Security Program was and still is, being overrun by improper assignments of individuals whose fail-safe benefits exist under other programs, but cannot obtain them. More reason for streamlining these benefits also.
Yet even then, the program of Social Security is only being “repaired” by denying as many of those people who are improperly diverted there as I have been, and who are already being denied from under even their own proper programs. I have experienced this myself in denial of “maintenance“ and “cure“ and “unearned wages“ as provided for by Congress as proper “welfare“ legislation specifically for the United States Merchant Marine as a valid Federal Service. This is to be provided for by the Federal Employers and Federal Employees Labor Union as funded by Congress and the Department of Transportation/ MARAD, but they are not doing so. Or they do it to such a nominal degree to pass muster only upon any cursory review, yet there is no review.
If the Federal Employers are doing their job and providing these proper Federal Employees benefits and neutral due process as contracted to do as Federal Employers/ Federal Contractors?
Then why have I know been found “guilty” of what I had actually filed grievances and complaints for, but then denied any redress? Worse, even now I have been prosecuted for what I actually filed those grievances and civil complaints for against the Federal Employers and Federal Employees Labor Union?
This is like filing a complaint against someone for rape, then being prosecuted for being raped, found guilty of actually being raped, and then blamed for being raped by being raped? The circuitous logic that has enveloped this entire charade only to keep me from saying anything is enough to drive any Patriot, any American, any normal human being…. “off their rocker.”
Worse even again as for me, only now found “guilty” under improper administrative processes by the Department of Homeland Security/ USCG without a hearing or trial, or evidentiary hearing, with evidence reviewed by the ALJ himself without counsel present, without a chance to confront the opposition or anything else even remotely similar to due process? Seized medical records? Falsified medical records? No probable cause? Prosecution after the fact for what I complained about and have blown the whistle on by the Federal Government?
Worse, rather then obtain the proper benefit’s the combined forces and parties have “taken me out” and abused the hell out of me as is unimaginable.
These diversionary programs and tactics, mostly carried out by the enormously wealthy and powerful Protection and Indemnity Insurance Clubs are at behest and direction of Federal Employers and are going to create cataclysmic series of problems of untold proportions within the next several years, especially in the U.S. Merchant Marine as I have experienced myself to an unbelievable degree.
Likewise, Social Security is not “fixed.“ This is a numbers or appearance game that is similar to dropping people from the “unemployed” rosters to the “underemployed” or “not employed and not obtaining benefits” somehow to only skew the numbers on unemployment into underemployment.
The aftermath of all this becomes grossly apparent on both Federal and State Programs by these improper policies of bait and switch and constant denial that is pervasive in the United States Merchant Marine due to its complexity and most recent facilitation of vertical integration within even this Federal Service. To a point, to where we are now set upon by not only our own Federal Employers, but even our own Federal Employees Labor Union and the Federal Government in various agencies like Department of Homeland Security and USCG as I have been.
Moreover, due to the mix of companies inside the U.S. and out, and in numerous States we are being robbed blindly and put out on the street by numerous shell games that are growing worse due to the complicity involved.
I am as a valid Federal Officer, herein and hereby, directly petitioning to the Secretary of Transportation Norman Y. Mineta, and all Congresspersons and Senators, and those who are members of the Transportation Committee, and all Senators of the Commerce Committee, and Government Reform Committee and contacting all of you in regards to systemic and widespread failures encountered in the complex and intertwined programs within the United States Merchant Marine and maritime industry.
I am again reporting as I have been continuously attempting to do for some time now, and as a Federal Officer and Citizen of the United States the gross theft of Federal and State Transportation funds and programs. Also the abuse of authority by various parties acting as “agents” or “representatives” of the United States, by and under various instruments of trade and commerce that are seriously affecting National and Civil defense.
This incorporates additional problems in tangential even cross-over programs like the U.S. Coast Guard that touches on and interacts with, but is a separate service from the U.S. Merchant Marine that has been improperly and repeatedly used to defeat and adversely affect our contractual rights and benefits.
The creation of DHS and PATRIOT Act play directly into these issues and cannot be ignored.
To be very clear the United States Merchant Marine is not a part of the United States Coast Guard, or we would have one Federal Academy and one Federal Service, instead of two separate Academies and Services. The USCG does not come under the United States Merchant Marine, so how can the United States Merchant Marine come under the USCG.
The ongoing problems and subsequent retaliations against me have not only affected me gravely, by stripping me of everything I’ve ever built, but if left untended much longer on the more global front it’ll eventually wreak untold, unrecoverable havoc on our National Economy and even National Security and psyche as burdens are continually and improperly shifted from program to program to program, and without actually finding relief.
Worse, it will cause unnecessary civil unrest, even class warfare in not only U.S. Merchant Marine, but many other industries that is not only unnecessary, but improper, and poses grave risk to all, and is already overwhelmingly well underway.
This is an intended program that is underfoot and in fact well underway within the Merchant Marine and all other industries right now and is grossly evident from what I have been through myself. One reason the Federal Employers, Federal Government, Federal Employees Labor Union, Federal Trusts and others work to ensure that I can never be heard from within any neutral forum and by my own voice.
We are not Professional Air Traffic Controllers, with what happened to them in the 1980‘s, but it is just one example of how long-standing and how deep this goes. Although their own importance and rights as Air Traffic Controllers are even now being again realized in the wake of 9-11.
We as Federal Maritime Officers, however, are valid Federal Officers working in a very complex, valid Federal Service that is intertwined with National Security and Civil Defense, but we are not being treated that way.
Whether this is being driven by the corrupt Federal Employees Labor Union, the Federal Employers, or some level of cooperation between the two, or even the Protection and Indemnity Insurance clubs, or even various Federal Agencies and authorities, or even the mafia it cannot be left without redress or unresolved as it will have ramifications that will grow geometrically with each day that passes without proper investigations and corrections. This is assured.
The aftermath of the individual and collective successes to what has been carried out upon me personally many of which by my own Federal Employees Labor Union, will only accelerate attacks upon others in this valid Federal Service. This cannot be tolerated by Congress as we are properly considered “wards under admiralty to Congress.”
Congress has always had the ability to intervene for Federal Maritime Officers under its own provisions within the Commerce Clause, and under admiralty and general maritime law and custom. If this for some reason has changed by action or intent of Congress, how or why this has changed needs to be known, and it needs to be revisited and put forth by Congress and not the Judiciary, but in fact once set forth by the Legislator and supported by the Judiciary.
The most recent Sarbanes-Oxeley Act and its provisions, are enactments now being granted only to others, that have always been granted to Federal Maritime Officers in this Federal Service, for obvious reasons. They are now grossly, entirely absent as all the strong provisions are now dissolved. Direct contact with Congress itself is supposed to be a proper, protected activity for Federal Maritime Officers as expressed within the Merchant Marine Act of 1936 and other enactments, but I have been retaliated against for doing so and this has even been used against me as “evidence“.
Our own Federal Government is prosecuting and in fact torturing its own people and far worse then what is going on in Iraq or Abu Ghraib. Iraq, as was the World Trade Center attack, are both nothing but diversionary tactics that are being used fortuitously to undermine the Bill of Rights, free speech, due process and so much more.
I respectfully request immediate hearings be held, or whatever other more aggressive measures considered in Congress, which both the House and/or Senate may feel appropriate. That they be taken as quickly as possible for more global concerns regarding our proper systems of mandatory neutral, timely industrial due process and related programs. Additionally, to address or reassert our own Independent Right of Action within State or Federal Courts for redress of individual grievances and conform the diverse body of general maritime and admiralty law that has become less National and more regional then intended by Congress.
Admiralty and general maritime law is not only intended to be National in its scope, but is in fact intended to be international. The current diversity within even the United States itself and all its various Districts is enormous and being put under so none of us may obtain our proper rights and benefits. Our rights as set-up to protect each and all members of this important, valid Federal Service to allow us to enforce independent, individual Federal contracts has now been entirely denied by State, Federal and Appellate court systems and preempted by so many means.
The various programs set-up for U.S. Merchant Marine are in disarray, and on the verge of total failure, dissolution and collapse and as intertwined with concerns over Civil Defense and National Security they must be corrected. It is requested the Committees look into this with a serious mind and proper concern for what I can only minimally present in an initial petition. I am not the first that this has been carried out upon, but I ask that I be the last as this is not what the Federal Employers are being contracted to do, nor is this what we are paying our taxes for, so the Federal Government will prosecute Federal Employees for filing civil complaints that they have the right to do.
This Federal Service is being overrun by domestic, even foreign corporate interests that are placing profits over issues of National Security, even Civil Defense for this valid Federal Service and our Nation as a whole. In fact these policies or lack thereof are placing our country in immediate and growing risk and in grave jeopardy. Worse, the Federal Employers and even Federal Employees Labor Union or individuals therein are making “profits” specifically from Federal Trusts that are intended for very specific purposes to pay the wages and benefits, and provide the working conditions and proper system of due process, even legal aid for this valid Federal Service.
This is analogous to what lead up to the final World Trade Center incident and 9-11 as for as Agency dysfunction, and should not be tolerated no matter what ones beliefs are toward globalism, free trade, outsourcing or anything else. This was all set-up to be, and still is a valid Federal Service and for good reasons dating back to the time period even of the framing of our own Constitution that has been continually reasserted by Congress ever since. But what about our position right now for this valid Federal Service? Interpretation of issues like “maintenance”, “cure”, “unearned wages” and other provisions for Officers in this Federal Service have become so divergent over the years to now create strong variances in the entire system that are no longer in line with the intent as set forth by Congress.
This is akin to “war profiteering” and worse “profiteering” off Federal Trusts and Programs that were to be prevented by numerous act of Congress like the False Claims Act, or Lincoln Law as it was created by Lincoln to stop the profiteering that occurred during the Civil War. Another point in time where the country was more polar and divided then at any other time in history.
The parallels between now and the Civil War and Revolutionary War period in so many regards is truly disturbing. None of which, as to our own governing Federal, general maritime and admiralty law can be asserted effectively by even Federal Officers now, due to the present state of affairs and absolute control over and dissolution of all the various systems of due process for redress or corrections. We as valid Federal Officers are no longer granted our rights to be heard properly within any court, or any tribunal or any administrative body as granted by Congress repeatedly.
Scanning machines and other devices are insufficient measures as proposed and now being instituted by Commerce and other Departments and agencies. Only well-trained people onboard our merchant vessels to carry the majority of cargo as outlined by Congress in the Merchant Marine Act of 1936 is only one of a strong latticework of many important and viable programs that must overlap to guarantee proper safety in many regards to our Country, especially now.
This policy is only the first line of defense and it is, and it has been for sometime now, under direct concerted and intentional attacks from at home and from abroad. This valid Federal Service and our own related transportation systems need not only to be quickly reconstituted, but brought into the 21st century by Congress, but also our industrial systems of due process. Of which, at least for us as a Federal Service, can all only be effectuated after full hearings in this regard.
Our merchant marine was to be of the fastest, most technologically proficient, safest vessels available and manned by valid Federal Officers as funded by the Federal Government to the Federal Employers. From clippers ships of years gone-by to even liners of today.
These problems, especially as to the absence of our proper systems of due process, clearly cannot wait another day. These corrections and analysis must include cruise ships into consideration for review of crewing, flagging, security and more as this is just another event waiting to happen, taking even from events of the S/S Achille Lauro in 1985 and applying it to what is happening today with hijacking of airliners and more. Moreover, our own systems of due process should also include all foreign seaman and Maritime Officers so as to truly “stretch” our own Constitutional privileges to other nations if we are truly trying to spread Democracy around the world.
The terrorists reinvent, in fact reuse past history but they change the way it carries out or completes former tactics. This affects us all and using the cheapest employees and the least educated is not the best way, in any industry whether it involves “mad cow disease” as for “meatpackers”, let alone for matters affecting “commerce” and “transportation” and Federal Service and for Federal Officers.
Worse, we are not supposed to be teaching our own “free” populace that questioning authority, or even questioning anything at all, or seeking redress is not only dangerous to your lifestyle, but even your own life as impressed upon me and continues to be impressed upon me.
A secure and stable workforce and work environment free from civil or human rights violations means a secure country. Our forefathers and framer’s of our Constitution knew this well as did those in the Executive prior to, during and shortly after World War II.
How can someone “complain” or find redress, or report something very serious, like even the fact that someone were in the country and “making bombs illegally” or some other such sort of behavior that might be “supporting terrorists” either intentionally or inadvertently.
Like as the issues herein, in widespread domestic corruptions that involve Federal Employers, Federal Employees Labor Union, Federal Trusts, Federal and State Transportation Programs and Funds, Federal Agencies, Federal Officials, Federal Officers, Commissioned Officers, Judges, Officers of the Courts, the Protection and Indemnity Insurance Clubs and more, might not allow “terrorists” to abuse this corruption themselves to create a pathway to attack the American people? Like the numerous problems riddling the airline industry before 9-11?
The more recent problems and failures within the Airline industry and related areas that precipitated events in the second World Trade Center attack on 9-11, have been exhibited strongly in the maritime industry for some time now, and to such a degree requiring immediate corrections and hearings. A complete lazes faire attitude toward business is not safe, nor healthy as human nature will rear its ugly head and impose itself on others as it is doing nation-wide in any and all industries. Intervention is in order to prevent similar events occurring through use of our waterborne transportation systems for delivery of a Weapon of Mass Destruction or other such planned attack by terrorists, either foreign or domestic. Timothy McVeigh? Must we again wait until after events occur?
Specific security measures include revitalization of a fleet incorporating our best technologies into these vessels that must be instituted quickly to avert similar incidents before a situation is allowed to wreak havoc to pale 9-11 in comparison. Relying on a Communist country like China to carry majority of our trade and commerce is not a wise move, we have only been lucky thus far, just like we were lucky up and until 9-11 with far too many signs forewarning this event that were left unheeded. Will it happen again?
Necessary action by Congress includes strong corrections and restoration of our proper systems of due process for individual Federal Maritime Offices as were instituted by Congress repeatedly and now entirely absent and even reconsiderations on manning and crew sizes must be reconsidered. Keeping the most highly trained and proficient Federal Officers as trained at Kings Point and other State Maritime Academies, on station and well-provisioned is small price to pay toward secure Civil and National Defense systems as initially constructed and reconstituted by Congress time and time again for this valid Federal Service.
The issues of “maintenance” and “cure”, “unearned wages” should be reconsidered and re-instituted in-line with Federal Per Diem rates as published within the Federal Register and not a paltry sum of $8 per day that was instituted in the late 1940’s and early 1950’s. This was in a time when this was a considerable sum of money and would pay for a room and three meals.
Moreover, at a time when seaman quarters were established in all the major parts, of which have all been done away with over the years. Even many sold off for personal gain and profit, as is underway right now in the Federal Employees Labor Union where our San Francisco Union Hall is being sold by corrupt thugs in charge of Federal and State Transportation Employees Labor Union.
This was a National/ Federal Trust that is to be protected and passed to each generation, not sold to profit those who control our Federal Trusts at any given moment in time, especially without proper replacement and oversight by Congress. These are not personal assets.
First amendment rights and free speech and the ability to complain [which is a form of proper alarm that must be heeded by Congress and even the corporations, especially Federal Employers, let alone the Courts] and find timely redress are more important now then ever been before as corporations have grown exponentially and Anti-trust laws and related concerns are ignored. This is one thing, as to “free speech” that proved well founded as was set forth prior to, during and after WW II repeatedly by Congress as to the furtherance of and protections of the Bill of Rights to each and all individuals in industry.
As its stands now for the United States and the United States Merchant Marine, only between 3-5% of our cargo is being carried on American Flag vessels, which is far less then the “majority” of cargo as had been instituted, and supported repeatedly by Congress over several centuries, but driven down by the interests of Federal Employers so as to “off-shore“ all these “Federal“ positions.
This would be like the Drug Cartels lobbying to, getting paid for, and then off-shoring the Drug Enforcement Agency [DEA] and Federal Officers and having these jobs, positions and personnel “off-shored” to China to perform this key function for America.
This analogy is not a far stretch either when one takes a look at the long history for the Shipping Companies or Federal Employers who have shown they have no allegiance to the American flag of American Federal Maritime Officers. This status is now at an all time dangerous low for both concerns of policy, politics, good will, but most importantly Civil Defense and National Security.
Spending 200 Billion dollars focused on Iraq instead of on our own transportation programs and commerce, especially the U.S. Merchant Marine which would go much further to protect our people and promote the American flag and American economy then any other individual step that Congress could take right now and needs to be pushed to the forefront of American consciousness and that of Congress.
Now think about why they have gone after me and declared me to be “medically/ mentally incompetent” and then even denied me the means to stay alive like my pension, medical benefits and more, if this were really the case as they profess? Too bizarre? Or have I really hit a nerve with someone about what is really going on here and what is truly behind it all? Dissolution of our Bill of Rights? Constitution? Separation of Powers? A fascist regime if not absolute monarchy? If you really think about it, it has already happened.
Scanning machines for cargo on the “other end” in Hong Kong or Taiwan or China, that is then carried on ships that are not under our direct control, or our complete custody, or operating under our flag is not the best choice for the short-term or long-term health or safety of our Nation, borders or people, or JOBS. We need ships built in America that carry the American flag and Federal Maritime Officers, and that would if the ships were properly designed have proper scanning equipment onboard and other cargo inspection techniques that would guarantee safety and security from point of origin all the way home so cargo can be inspected, reinserted and then inspected again, before it makes it to our shores.
Next generation stuffing facilities for the loading of containers and so much more. Cargo, the size of transportation systems, reduced manning and so many other factors weigh so heavily into the vulnerabilities of our own waterborne transportation systems, let alone those of other countries, or flags of convenience. They are not considering serious safety and National Security and Civil Defense concerns.
This lack of long term consideration and planning will guarantee that very soon even ships will be used as the next delivery system for a WMD or bio-threat. Does anyone remember Typhoid Mary? What a delivery system that was, in its own time. Mad cow disease? Have things really changed that much to where we can afford to let our guard down as we have? And continue to do? Look what some rogue criminals from a small country like Saudi Arabia have done, several times?
Our people, on our ships with our technology being paid and provided for under our system of wages and working conditions, on valid and properly enforced, as supported by our Constitution and Bill of Rights is the only way to protect our borders, trade routes, cargo and more. All the industry is in China right now and they are even recruiting Research and Development like it is going out of style. Rocket launch and a man in space? How long did it take for Russia to leap-frog its way into becoming a viable equal and opposing threat to our own nuclear preeminence? 10 years?
China is now, relatively speaking to the times, what we were in the 1930’s and when you convert a Nation of close to 2 billion people into the pressured growth of the industrial age overnight and put it into competition with a relatively small country like ours with only 280 million people, who do you think is going to win in the end?
No one!
By current political and economic polices and practices we are pushing ourselves into what we averted with the USSR, but this time things will be much different as the clash between cultures of Western, Middle Eastern, and Eastern are set to collide like freight trains on collision course for a run on resources. Greed is running our country and those with the thirst for more are being led around by allegiances that do not rest in America, or with the majority of Americans for that matter.
As just a brief example of what I speak of toward even logistical, or from a civil defense or military standpoint, a planned and intentional catastrophic attack on the magnitude of the Exxon Valdez along our shores like in San Francisco or some other major hub or port, could potentially wreak such havoc on not only the port itself, but our own economy in very fragile and uncertain economic times.
Our economy is not as strong as one might believe, and there are many, many more hidden forces that are truly disturbing when one begins to consider them into all of the logistical and statistical and other such data analysis. How difficult is it to take over an American Merchant vessel? A tanker? A VLCC? A ULCC? How about a foreign flag vessel? Or worse a Flag of Convenience?
This is one reason why the United States not only promoted its own Federal Merchant Marine Service for all vessels over 50 tons from its inception, but had gone to great lengths to ensure Democratic and Constitutional principles were extended and guaranteed to Federal Maritime Officers in this industry so to avert individual attacks upon them personally, that could be used by anyone to affect labor, pollution, immigration, smuggling, and other issues, to the advantage of any interested party.
Something that is now used to cover-up and hide ongoing corruptions, labor and other forms of racketeering and enormous thefts of Federal Programs and misuse of the global transportation systems as is being reported herein. Look how easily our own system is turned against a Federal Officer like it has been upon me, and by the Federal Employers [corporations] and Federal Employees Labor Union [my own “supposed“ representation], and even the Federal Government?
What is to stop anyone else from doing the same thing for political, economic or even catastrophic gain?
This is one reason why such strong protections have been granted to us and one reason why the Federal Employers are also to treat us as “wards under admiralty” as they are acting on behalf of the United States under General Agency Agreements. As the complexity of our systems and technology grows [like going to Mars, or with proliferation of technology and Research and Development to China] the individual protections need to grow with them and at an exponential rate. This is due to the enormity of any system that an individual may be confronted with if they attempt to speak out, complain or find redress. One reason why our Constitution and Bill of Rights must remain so timeless and so strong and be carried into all aspects of our lives.
Any more “simple” domestic corruptions within our own borders, now pose an even more serious and grave threat or breach to National Security like never before, and cannot be ignored nor covered-up as they are being herein. Whether they exist within the various Federal Agencies or institutions, or even within Corporations or any combination thereof.
Anyone involved in the corrupt activities, or covering up any whistle blowing activity and such efforts have certain exposed “skeletons in their closet” therein and thereafter, things that can be used against them by others for a long time to come.
Others who wish to smuggle contraband, unknown devices, or other such improper activities and one reason the present attitude of covering up such reports cannot be tolerated by Congress or the Courts, or numerous Federal Officials and Federal personnel that this has been reported to and are directly involved.
Yet, this is exactly what is going on right now and worse it is a violation of various laws to fail to report, investigate or cover-up such a crime when brought forward, especially by another Federal Officer. The number of people who have worked actively and aggressively to cover this all up is simply amazing.
Worse, these types of people who will corrupt the proper processes, or look the other way in complicity, for individual profit and even political gain or simply because they “do not want to become involved“, are the very types who will not “ask” the right questions or set off the proper alarm when things seem amiss as they are not of a proper persuasion and would rather use it to even advance personal financial or political gain, or keep what they have.
Similar to those living in small towns down the road from “death camps” in Germany during World War II who “looked the other way,“ They will most likely not even understand, nor realize how serious or even when something is amiss as they are too busy angling some kind of edge and looking for personal gain, rather then doing a proper job as Federal Officers. Like those people in the small towns in Germany who were making “bread” and making a profit themselves off of the death-camps “cottage-industry.”
Specifically to the point, as one simple example of the individuals working in our own corrupted Federal Employees Labor Union, they are all supposed to be properly “bonded”, but are not. Although this “costs money” it is provided for within the Federal Trusts also, and is just one more “block of money” that is being stolen, and all the money that is being allowed to also be misappropriated because of this. Just like the issues of the Licensed Personnel Board. This is why all these various parties wish me “ill-will” and are doing everything to ensure that I do not survive and my civil rights and civil liberties are so overrun as to pressure me into dissolution or death, one way or another.
This is some “bizarre” Texas-style type, small town Sheriff attitude that is now pervading our country, being driven from the top down. If properly bonded, the bonding agencies would obviously be helping to keep these individuals and processes in check and intact and functioning properly by audit and review, as the Bonding agencies would be held liable for problems by these individuals.
Moreover, the bonding agency would act as just one more proper check and balance to guarantee the valid system is in place and working as intended. This is just one more portion of this complex mix and system that is now missing, and that I complain of, amongst many other things required by Congress to secure our country and ensure a myriad of overlapping checks and balances are in place. Another huge chunk of stolen Federal Funds, and due and fees and more.
Due to my own efforts to gain redress before a proper neutral third party regarding first, personal grievances involving pay, leave, safety, terminations and other issues I’ve been exposed to and even been put under, and directly witnessed an enormous series of failures and corruptions of the proper systems of due process for this Federal Service and its Officers. This is one reason why there is this enormous push to set-up all of these General Agency Agreements and push for subcontracting that is going on within our Country and for sometime now, for even security, the army, using reservists instead of active duty and more, all to defeat responsibilities and obligations which is only going to cause that many more cascading effects and an over all domino factor that Congress will not be able to avert. This is something that I have also attempted to petition for redress of grievances on personally, and also as to the more global concerns, but without any level of success to date whatsoever.
Gross systemic failures and corruptions of process that involve the Shipping Companies [Federal Employers], the Federal Employees Labor Union, the various Federal Agencies [DHS/ MARAD/ DOT/ DOT I.G.], our Federal Trusts, the Department of Transportation, Maritime Administration, Department of Homeland Security, U.S. Coast Guard, Military Sealift Command, Naval Fleet Auxiliary Force, Alaska State Ferries, Washington State Ferries, and many, many other agencies and signatories to our Articles of Agreement.
Basically, this involves all maritime players who employ Federal Maritime Officers under our set of Shipping Articles or Articles of Agreement as were to be enforced first in the Licensed Personnel Board, then State Court, then Federal District Court and even original subject matter jurisdiction in the Circuits and Supreme Court. Not one of which we can gain access to at all due to present circumstances for this Federal Service. This even includes Department of Defense as it subcontracts much to various sources and we are now paying for the war in Iraq, with denial of our own access to inalienable rights as more closely defined in the Bill of Rights.
This also involves an enormously complex set of systems put into place not only to carry the Constitution and Bill of Rights into the work place in the spirit of American Democracy, but instituted as intended toward defense over concerns on National Security and Civil Defense to protect Federal Maritime Officers.
The protection of all in our country comes from the protection of each individual and his own set of inalienable rights. This was also instituted, so that no abuses of power, or authority, or representation, or government funds, or false claims would go undetected or uncorrected at any level of our complex systems that were not only to defend our country, but its people and our own borders.
First the Federal Officers must be protected at any and all costs and kept on the job and given not only proper due process, but proper timely civil rights so that concerns of home and family can not be used by others against them to interfere with doing their job properly, as is now occurring as this, as has been carried out upon my own person.
Does anyone remember the Civil Rights movement of the 1960’s? Johnson? Texas? Civil Rights Reform Act of 1964? Can anyone see the parallels and that we are the problem and not Iraq?
We are the problem as we are doing to our own people, what we are accusing others of doing to their own. Trust me, from what I have been put through myself, I think Abu Ghraib would be a cake-walk as the levels of psychological torture that have been carried out on me as an American citizen are extreme and been going on for years now.
Most people will not sacrifice their own family and lives and health, or well-being to put a stop to such corruptions, as most are afraid of not only the possible repercussions, but the seemingly inevitable retaliations and personal destruction heaped upon any such concerned person who might come forward. Others will actually look to benefit and become part of the corruptions so as to grab their own piece of the pie.
The Whistle Blower Protection laws and provisions came from direct response to apparent aspects of retaliatory human nature when someone tries to not only speak up, but seek redress and correction for problems that many accept as the “status quo” or “just the way things are.” More people need to be encouraged to come forward, not less, as is the case by how the United States and various agencies treat anyone who attempts to and does in fact “blow the whistle” to Congress or to others.
One only need take a look at my own numerous complaints, and to whom they are to, what happened in response, and where it has all left me and the issues of the complaints. I understand clearly what is at stake here and it rises to a Constitutional level that cannot be left alone as our country is being stolen from us and all citizens placed in jeopardy by the current path we are headed down.
If the Federal Officers who have a sworn oath to our country and its Constitution, where these people cannot be well protected by Congress and its institutions, then no matter how rich you are, how well protected you might think you are, now matter how tall of a building you may work in, even with seemingly impenetrable defenses like the World Trade Center or even fortified Federal institutions, you or anyone else is no better protected then any of us as was evidenced on 9-11.
If we as individual Federal Officers cannot be protected and matters properly investigated to defend the positions and security of valid Federal Officers that are putting their lives and health on the line to protect our country, then it guarantees that all others are no better protected against such cataclysmic systemic failures as occurred on 9-11 and are continuing by unchecked human nature and CYOA.
If, as Federal Officers, we can be “taken off station” so easily as I and others have been, through abuses of power, and position and authority, improper corruption of process and procedures, then we are all that much less safe then we should be. This is one reason why such strong protections have been granted to Federal Officers over time and the current trend to “outsource” these positions and even corrupt the funds and programs intended to provide this to valid Federal Services and Officers, is gravely affecting the internal, structural stability of our Nation.
No matter if you sit as a Democrat or a Republican, are rich, or are poor, either young or old you are in grave danger from these improper and unwise practices that must be reversed. Business has now become a religion of sorts and with cult-like fervor, and as in the past our own separation of church and state must be strictly enforced, as this fervor driven by corporate greed is being advanced to a point that is causing worldwide unrest and turmoil.
Nothing else.
This is not about religious or political differences. The human trait of sloth clearly destroyed the USSR and now GREED is set to destroy the United States unless it is put into check quickly by Congress and our Bill of Rights restored to us. Not only is outsourcing destroying our country from within, so is subcontracting and release of far too many proper Federal positions.
Recent terminations of over 50 staff personnel within Central District Court of California is but one small example. All of the “Marshals” within the various Court houses are now mostly “sub-contracted” with a tighter allegiance to money and further pay and benefits, then to God, Country or Constitution. By employing all these “retired” individuals the Corporations and the Federal Government do not have to pay for medical and other benefits for any “up-and-comers” that are trying to build a life and career and pension for their own families.
This is not good fiscal policy for anyone, especially our own country as a whole, as it is making sure that those who are older have more, and those who are younger have that much less. No decent job, no medical benefits and no future for their own families.
The concept of privatization is being taken too far as even seen in Iraq, with the mercenaries doing the job of our own military and is only to maximize profits. Paul Bremer should be protected by military personnel, if not at least the FBI, or CIA, or even Treasury Agents [although all of these would be inappropriate in these circumstances] and not by some subcontracted “private” army whose allegiance is to money and not God, Country, or Constitution.
More importantly, we in the United States Merchant Marine are not “just-in-time” mercenaries either, and we are valid Federal Officers who are under extreme attack by both the Federal Employers, [corrupted] Federal Employees Labor Union, Federal Trusts, Protection and Indemnity Insurance Clubs, foreign and domestic interests who wish to do away with our own valid Federal Service. Worse even the Federal Government who is also actively, aggressively attacking their own Officers like myself who can understand the “bigger picture” here from their own training and are doing everything to “shore-up” the holes that are going to bury us all if not quickly corrected and set right, for all of us.
As a brief example of what I speak of from even over the course of the last year for myself, I have been, as a valid Federal Officer in the United States Merchant Marine, prosecuted by the Department of Homeland Security and United States Coast Guard for “being depressed” and even pulled out of civil court by the DHS to be prosecuted for this.
A place where I was properly and peacefully seeking redress and corrections for what I was then prosecuted for, and all the while attempting to and in fact reporting matters to Congress about what I was enduring and seeking intervention. This is well-documented. All of this has occurred “while acting under authority of my Federal License” and finally forced to act from as many as twelve different jurisdictions and venues all at once.
This is akin to working on twelve [12] different ships in twelve different places at one time, which is clearly impossible to even the most adroit or motivated of individuals. This is one reason why Congress inserted the phrase of “acting while under the authority of our [federal] license“ into the fray so to make it clear that any proceedings are not to be against us personally, and we are to be considered “working“ so as to receive our pay and benefits and more.
A Federal license cannot be “medically/ mentally incompetent” or “depressed”, but any actions by the USCG are supposed to be “against the license” and not the individual, so these “charges” are more then a little suspect, they stink to high heaven and one reason why the Whistle Blower Protection Act forbids this type of behavior along with many other laws like the LMRDA that guarantees free speech in any court, or tribunal or administrative proceeding. Often times, and in detriment to myself I was forced to act in all of these venues simultaneously, and only to exhaust and deprive me and so spread me out, to ensure I’d never be heard from within any venue or jurisdiction whatsoever.
To never properly be heard from, especially by or from within my own voice somehow about what’s going on and personally so, or even to address more global concerns for the U.S. Merchant Marine. One reason so many wish to ensure that not only am I never heard, but never believed. The actions against me were only after and in direct response to numerous reports to Congress and others about what is and has been going on within the United States Merchant Marine, all of which is a matter or record to be investigated and sought out.
Something I request to be allowed to provide substantial information about in this regard. In fact, within only three days of reports to the Secretary of Transportation and a copy sent to the USCG Commandant, charges were leveled against me for “medical/ mental incompetence.” This was also within weeks of continuing reports to Congressman Hunter, Filner, Davis and others. I made contact earlier this year with all 23 Senators on the Commerce Committee only to have the DHS/ USCG notified of this, and the USCG/ ALJ quickly put out a 52 page Summary Order declaring me to be “medically/ mentally incompetent” without a hearing and worse.
Its important to note various programs I work under as an Officer in the U.S. Merchant Marine are all still covered by the Secretary of Transportation and not the Department of Homeland Security or U.S. Coast Guard. Both of which, have seized control over me and my rights as a Federal Officer in a separate Federal Service, only so as to contribute to the efforts to stifle me about what‘s going on, and retaliate against me in direct contravention to the intent of numerous laws and provisions. The charges and prosecution against me is nothing but a sham Article II “administrative” proceeding forced upon me and intended to, and has in fact injured civil complaints and grievances to guarantee I could not seek nor find redress for my grievances anywhere.
Worse, to make sure I’d not press for correction of more global problems like absence of our proper, neutral Licensed Personnel Board.
Far worse, the DHS/ USCG used injuries they carried out upon me and my own complaints, to then eventually present as “evidence” against me, and only by use of my complaints as evidence against me somehow. [?] This program is carried out to defeat contractual obligations under our own Shipping Articles or Articles of Agreement and attempt to force everything under even issues of “maintenance” and “cure” and “unearned wages” at $8 per day for “maintenance” and even deny that from Federal Officers and ultimately our pensions, death and injury benefits and so much more.
The DHS/ USCG used my civil complaints, my union grievances, my inability to prosecute my civil complaints and appeals [although due to the DHS’s/ United State’s own retaliatory efforts], and my own complaints to the FBI, my complaints to the Secretary of Transportation, and Congressman and others all against me as “evidence“ that I am “medically/ mentally incompetent.“ [?]
This is the most gross, base and even unfathomable level of obvious and direct whistle blower retaliation that is humanly imaginable and can only be so overt, due to the strong belief that those carrying out the program know they can and will get away with it. How can this be? Unless? The DHS/ USCG has even used my requests to get these matters before a Senate or Congressional committee or sub-committee, about what is going on and many of my other efforts, all against me as “evidence” that I am “medically/ mentally incompetent” somehow. The DHS found me “guilty” without any hearing or trial and thrown me out on the street with a 52-page Administrative Law Judge Order on top of my head, condemning me for life without any recourse or redress or avenue for this.
No benefits, no pension, or anything even close to what is in order for a Federal Service, or someone who has stepped forward at great personal risk to try and correct some fatal flaws in a corrupt system. The simple fact, of my requests to get before Congress is contained within Transcripts of a “pre-hearing settlement conference” as presented by Lt. Hill of the USCG, and against me that I must somehow be “insane” for attempting this, let alone requesting it. Something of which, in these Transcripts were specifically, conveniently “redacted” by the Administrative Law Judge yet still contain a great deal of information in regards to my reports on abuses and corruptions in the U.S. Merchant Marine and in fact attempts to get this before Congress.
This was again used to “prove” I must be “medically/ mentally incompetent” somehow? No “authority” or “agency’ goes after someone like this unless they have a lot of money or a company, kind of like how Martha Stewart “got gamed”, or if an individual has a wealth of actual real intelligence and information that is going to, or can bury a lot of people. The latter is the case herein and they are only forcing the issue by trying to and effectively cornering me and not correcting the matters.
Now, as a result of these continuing retaliations, I’m left and intentionally by the actions of the United States against me, without any legal remedy other then to petition for redress of grievances directly again to the Secretary of Transportation and now to members of various Committees and Congress as a whole.
Now, due to gross corruptions that I speak of, I’ve been forced to carry this forward myself somehow, even though I’ve been found “guilty” of being “depressed” and “medically/ mentally incompetent“.
Worse, found “guilty” without a trial or hearing and all the while denying me any and all benefits and rights and even proper legal aid, only so that I might be so abused to never rise above what has been carried out upon me by actions and inactions of the Federal Employers, Federal Employees Labor Union, Department of Homeland Security and United States Coast Guard and others. I was found to be “guilty” of “being depressed” while being prosecuted for “being depressed” which is, in and of itself depressing, but also draconian and medieval in nature and against civil, even human rights.
Just as bad, in this very same period of time as I was losing my homes as I was “locked” within improper USCG/ DHS proceedings and while even undergoing surgery and pulled from civil court. Much of this in the aftermath of losing my father, in a very difficult set of circumstances and retaliations by the Federal Employers and Federal Employees Labor Union of which I was seeking redress for. This due to their own involvements in actively blocking me from both or getting before any proper, neutral forum or court of tribunal as required by Congress. Every single complaint or action has been determined by Summary Decision, without my ability under far too many provisions to simply step forward and say what is going on.
Under the Merchant Marine Act of 1936 it was again made very clear by Congress that we are a Federal Service distinct and apart, but equal to United States Coast Guard. In fact, many of our own rights were derived from the same set of regulations and considerations as granted to United States Coast Guard Officers and many are analogous and derivative therefrom, but are being stripped from us and not by the Secretary of Transportation [I hope], but by gross corruptions between the Federal Employers, Federal Employees Labor Union and in fact many involved Federal Agencies like even the Department of Homeland Security and United States Coast Guard. The USCG/ DHS is not the proper authority to determine any of my rights as a valid Federal Officer in a separate Federal Service and this is made quite clear within even its own regulations and within the Administrative Procedure Act and related law and customs. I
n fact the USCG ALJ argued aggressively in his 52 page Order against any and all due process rights himself, and eventually carried on the proceedings himself as a prosecutor and not an impartial Administrative Law Judge who was set out to discover what was going on, or find a reasonable and appropriate remedy. Only because his intent was clearly predetermined and obviously well focused on improper actions against me personally so to ensure I could never be heard about what is going on. Something is seriously wrong here and it spreads out so far, with so many involved as to truly be so disturbing.
The DHS/ USCG has extended its authority upon us, in an arbitrary and unlawful fashion for many years now, well beyond the intended unlicensed personnel of the United States Merchant Marine who work under us, and also authority over others operating vessels under 50 tons [like “Joe Schmo“ on a speed-boat], that they have proper original jurisdiction over. Not us.
All of this, with the unlicensed personnel alone were intended so as to keep their employment issues separate from Federal Officers in the U.S. Merchant Marine who act and work under Shipping Articles and can often have a vested interest in depriving unlicensed personnel of their own wages or benefits to try and keep “budgets” in line, or for other less then professional reasons. Another reason the term “acting under the authority of our license” within any USCG proceedings has been added by Congress and even the USCG, was so that the Shipping Articles or Articles of Agreement with the United States are adhered to, as no USCG proceeding is against the Officer as has occurred with me.
Administrative proceedings, and absence of proper due process are being carried out from under the USCG proceedings as sponsored by the Federal Employers and Federal Employees Labor Union so as to defeat enforcement of Articles of Agreement as constructed under the Constitution and Judiciary Act of 1789. This is also in direct violation of the Labor Management Reporting and Disclosure Act that prohibits this sort of activity and guarantees the free speech rights of Federal Officers. What is far worse is that by all of these gross corruptions and thefts, it has only spread throughout and into the legal system where numerous courts and personnel are taken up improperly, and far worse all of the interested parties have now just changed the federal laws, admiralty and general maritime law, Shipping Articles or Articles of Agreement but set precedence for the Federal Employers, Federal Employees Labor Union, Federal Trusts, Federal Government, and others all against all the Federal Officers in this Federal Service.
The USCG has now somehow improperly included valid Federal Officers from a separate and distinct Federal Service to be oppressed improperly and placed under its own thumb and then denied proper due process, and often times as herein, even in direct retaliation for whistle blowing. This is more then improper and gross usurpation of powers and authority vested in the Secretary of Transportation and Maritime Administration.
This is also something of which I’ve been trying to get before Congress in regards to, for sometime now as continually acted upon more and more. Worse, even denied due process, proper benefits, even pressed under conflicted counsel and worse, not allowed to speak without undue influence or pressures, if at all.
All of this is as standard whistle blower retaliatory protocol only to ensure I cannot be heard so thefts may continue. The various involved parties have so “stirred” things up” so to ensure everything is so mired in as much controversy as possible so the real issues are forgotten.
In fact, the DHS/ USCG used the fact, as stated before, that I wished to get before a Sub-Committee or Full Committee of Congress in regards to these issues, actually as “evidence” against me somehow that I must be “medically and mentally incompetent.”
This was one intent of the Sarbanes-Oxeley Act was to prevent this type of behavior and encourage disclosure, of which, has been borrowed intentionally or otherwise, from provisions set-up under admiralty and general maritime law for Federal Maritime Officers. This is even being ignored by all Congressional and Senatorial administrative offices and even the ALJ. Moreover, this was also the intent of the strong provisions under general maritime and admiralty law so that no “local” area and its “localized forces” could somehow act against a Federal Officer who attempts to report violations of laws, rules or regulations.
Is anyone and everyone who wishes to inform Congress now found to be “medically/ mentally incompetent?“ Should this be categorized as some new disease? We as Federal Officers in the United States Merchant Marine have independent and statutory right to contact any and all members of Congress and the Secretary of Transportation directly as expressed in the Merchant Marine Act of 1936 and are not to be constantly redirected as I have been, from office, to office, to office without redress or a full hearing and worse to only allow the corruptions to continue.
The Administrative Staffs of some of the various Congressman have become as much of a roadblock as all other administrative processes. Whether this is spurned on, or directed by the Federal Employers or Union, or Protection and Indemnity Insurance Companies or others, only a thorough and proper investigation and hearings will make it clear, but whomever it is, this is more then improper and the funds are not being used as directed by Congress for the State and Federal Transportation Programs and the proper systems are in shambles.
What is far worse is the administrative debacle encountered within each and almost all Congressional and Senatorial offices and their own administrative staffs that attempted to prohibit people from reporting these types of crimes, as I have experienced. Clearly, all of these enormous players have a vested interest in what is going on and it will clearly cost all of them if this is properly investigated or corrected. Worse this long-standing series of corruptions will fall like a house of cards, which obviously cover many more issues then I can even care to imagine.
The DHS/ USCG, even after a year of personal, psychological, physical, financial and even and indeed very effective emotional torture as was pressed upon me, have now somehow, and without the authority to do so, prosecuted me for, and then found me “guilty” of being “medically and mentally incompetent” and/ or “depressed” for what they have done to me?
This is not a “misunderstanding” on my part as to the term of “prosecution“, as I have been in the midst of the paper tiger and how it has been carried out aggressively against and upon me, and with counsel pressed upon me from within those proceedings who represented the Federal Employers, Federal Employees, Labor Union, Federal Trusts and in fact many of the Federal Agencies, rather then myself as the individual Federal Officer.
All of this has occurred over the span of the last year without a trial, let alone even any simple hearing where I might “defend” myself against these retaliatory and improper charges, or openly inform the “agency.”
Right now, with what I have experienced myself and figured out, our country is far worse off then anyone might care to imagine and these types of corruptions are being overlooked by the FBI, DOJ, State Attorney General, Congresspersons, Senators, State Court Justice, Federal Justices, Circuit Court Justices, numerous attorneys, and so many more, that the real darker secrets and more costlier then imaginable and can only be uncovered by a proper series of investigations to clean-up the waterfront, and not in the time tested manner used by the DHS/ USCG to shut people up about what is going on, or how they have no skills at proper investigations. Or worse, are so deeply involved in this as to truly be as disturbing.
Let alone for me to be able to present any mitigating circumstances of what is going on in the industry, as I am being prosecuted for being “injured” [?] or what has happened to me and for me to do so affirmatively and on the record absent any further harassment or influence. A simple analogy for what has occurred, is the US Coast Guard has heard me complaining or even screaming out in agony on a ship [or thereafter], as has the Department of Homeland Security, Department of Transportation, Department of Transportation Inspector General’s Offices and others and rather then properly investigate and try to figure out what is going on, it has been complicit in allowing the abuses to continue in full knowledge and understanding and even outright cooperation in what has been going on.
This is akin to a Federal Maritime Officer being “flogged” and screaming out in agony, and then the U.S. Coast Guard and United States then prosecuting the Federal Maritime Officer for being unlawfully flogged and not just “taking it.”
Worse the DHS has carried out this unlawful prosecution of me while even in the midst of surgery, while I was losing my homes and credit and more. All of which they were well aware of and in fact encouraged by denying me wages and benefits while “acting under the authority of my license.” Biggest problem is the DHS/ USCG has had me intentionally locked within these unlawful proceedings so that I would in fact lose my homes, and much more and deny me the ability to present any of my grievances or complaints and seize control of my legal aid. Let alone my medical benefits and care, even become directly and actively involved therein, and not to my proper benefit.
So its either “stick around” for the “hearing that never happens”, or better yet do as “advised” by the Shipping Companies Risk Manager who was forced upon me in the DHS/ USCG proceedings, and “jump back on a ship” so that a hearing “in abstentia” could be carried out. Better yet, have something else orchestrated on the next ship and couple it with a “hearing in abstentia” as another denial of due process, where Federal Employers and all other parties have enough pull on any ship to convince even the most ethical of individuals to do what they say.
Then the Federal Employers and Federal Employees Labor Union, either way, would not be required to have matters heard properly and corrected as required by Congress in our Licensed Personnel Board, within State Court or Federal Court or anywhere else.
Better yet our independent, individual employment contracts as Shipping Articles, actually in fact our Articles of Agreement as Ambassadors and Federal Officers of the United States, would not be honored by any of the parties who are all signatories to them. Civil actions were filed first to address this under Article III of the Constitution, and the DHS/ USCG worked with the Federal Employers, Federal Employees Labor Union who waited until they had absolutely abused me within civil court in an improper form and length of detention with even assistance by the Courts and Justices themselves. A place where the various parties denied access to even due process hearings where I might, as a valid Federal Officer state on the record and from under my own voice, and as allowed under 28 USCA 1916, present and prosecute the complaints and appeals myself somehow about how I was treated and had to fight for leave and more and was denied and retaliated against for this.
Better yet to inform the Courts of just how deep this program goes and how long-standing it all is. The Federal District Courts, Circuit Appellate Courts, even Administrative Court of the DHS/ USCG did not care to hear about and did everything to block me from being heard and deny me due process. Clearly the Federal Government is deeply involved in what is going on, and one reason I am so very afraid for my own life and have asked for protective custody, investigations, hearings and redress.
Furthermore, the Administrative Procedure Act was intended to be a remedial process and not punitive, as it has been used against me and many others over the years, and even across strong distinctions in Federal Agencies that do apply, and have only injured me that much further.
Worse, the abuse of Constitutional rule of law and Separation of Powers as my own rights rest under Article III and the Judiciary and not any “administrative process” of the DHS or USCG or NTSB.
One only need take a look at the number of people involved, the money spent, the number of Judges involved in all of this, the number of courts, the number of attorneys, the number of “Doctors”, the number of Commissioned Officers, the number of Federal Employers, the number of Federal Agencies and Authorities to realize that I must have somehow have something very important and very revealing to say about what is going on within the maritime industry and the United States Merchant Marine.
The motives for all are relatively clear. Power and money and plenty of CYOA for all those who have worked their ways up in the ranks of many Federal institutions and even Federal Employers who are all sweating it out to see when I am finally and fully stifled somehow permanently. The various parties are still at it and deeply involved in my own life and one reason only outside intervention, if not even Congressional intervention will suffice.
The Patriot Act has been abused repeatedly by the DHS/ USCG to undermine and even injure my Civil Rights, Civil Liberties even Civil Complaints and Appeals and those of other Federal Maritime Officers, repeatedly. All of this only so as to defeat our ability to enforce our federal maritime employment contracts or Shipping Articles [see exhibit BOLO as an example].
The DHS has actually “prosecuted” me for specific time period when I was denied leave to tend to my ailing father who after fighting for his life for about 78 days, eventually died, and then which I filed valid grievances for, and then even civil complaints.
This was the first charge against me on the attached “charge sheet” [ ] from the DHS/ USCG for “acting under the authority of my Federal License” while depressed. [?] This was for a time period where I found out onboard that my dad was first taken ill and in a coma, then later died as I fought to advocate for his life and simultaneously stand up for myself and gain access to my own contractual rights to proper leave and other issues as afforded by Congress. Then thereafter to properly grieve them once they were denied and have matters heard before a neutral third party and not so to be so oppressed and denied by both Federal Employers and Federal Employees Labor Union who were both involved and took active part in the grievances. Worse have both worked to dissolve our proper, mandatory contractual and statutory processes for dispute resolution as required by Congress.
This is one reason why the Federal Employer’s Liability Act was incorporated into the Jones Act. This is why we have so many protections, and even venues available to us [supposedly] and why we have independent or Individual Right of Action so that this type of activity can be reported to the United States within the Branch of the Federal Government known as the Judiciary and find redress and corrections. This is why I am so concerned because the corruptions as so widespread, involve so many people including high-ranking Commissioned Officers and Federal Officers, Federal Judges, and Federal Employers that it is almost unbelievable that the Department of Justice is not all over this right now.
For me personally, the cross-over between the grieving process of not only losing my father, but the unlawful actions carried out upon me in this time period and those losses and the involved grief, and the improper absence of the proper, neutral third party grievance process has been devastating to me in more ways then one and I cannot believe that the Federal Government in so many ways and with so many people involved is actively covering this all up.
This has allowed, in fact encouraged and given the Federal Employers and Federal Employees Labor Union from their own combined involvements, more reason to stifle me and carry out a series of tortuous retaliations over the course of the next [past] several years so as to ensure that I would be so discredited and so continually injured, that I would never be heard and if I were it would not be believed coming from someone who was so distraught by how various involved parties violated grossly, both civil and human rights right here in America.
Worse, as I am also absorbing the same things that all others are with the War on Iraq, the War on Terror, the War on the American People, the War on Labor, the War on our Bill of Rights and more.
Now the Federal Government is actively prosecuting anyone who speaks of the Bill of Rights as if it is some evil, awful thing to invoke.
The Patriot Act must be rescinded immediately. The Department of Homeland Security dissolved and a much more thorough investigation of what is going on nation wide in so many regards. An identical investigation into the Department of Labor, Unions, Employees programs for redress, the NLRB and all matters revolving around employment and individual civil rights must be investigated and corrected immediately.
That is what this is all about. Seizing absolute control over the work force here in America and treating them anyway the Corporations wish to. Just like they are doing throughout the world and something that is causing an International upheaval that is only being felt even now.
The United States Coast Guard also played a key role in the matters and have not only formed improper opinions in regards to the labor matters, they have also been directly involved in all of the disputes and are not only forbidden to rule upon any matters affecting those labor disputes. This is especially so for this separate and distinct Federal Service, but are clearly as in this circumstance not the proper party as intended by Congress, but are also often times as herein, far from impartial.
We do not rule on the labor disputes of the USCG, or charge them with “medical/ mental incompetence”, so how now can they do this to us? We are on par. Normally, as in the past with others, the USCG waits and gets the Federal Trusts/ Federal Employers/ Federal Employees Labor Union to convince the Federal Officer from under grossly conflicted counsel and these types of improper charges to file for Social Security and sign releases for medical records that are used against them, even falsified by the DHS and USCG and corrupt USCG “prosecutors.” Falsified by individuals like Lt. Hill and Lt. Tribolet in their attempts to cover-up what’s going on along with even cooperation from the ALJ himself.
Herein, it is much worse as the DHS/ USCG has violated the most sacred principle of the concept of Separation of Powers by using Article II administrative proceedings to seize, step upon, injure and even rule upon Article III proceedings of the Judiciary Article III proceedings. This is how disturbing what is going on really is.
Worse, the DHS/ USCG believes “legally“, that if an individual files a civil complaint [or several for that mater] for redress somehow, but cannot get heard in any court or in any venue whatsoever, irregardless if this is by enormous and combined efforts and corruptions of the various and previously mentioned parties, then this can be used against you as “evidence” in a criminal or administrative Article II proceeding against you to “prove” that you are “medically/ mentally incompetent somehow?
This is how messed up these guys are beyond issues of Separation of Powers or anything else that is more intellectually hard for them to understand.
Far worse, the Federal Judiciary, and numerous Justices at that, have even abdicated to this policy and deeded Article III adjudicative authority over matters in admiralty and general maritime law for the U.S. Merchant Marine to the Office of Administrative Law Judges and DHS/ USCG under Article II.
This is so far out of line with our own Constitutional principles as to be more disturbing then the “Summary Declaration” that I am “medically/ mentally incompetent” somehow. Where is an American Patriot, citizen, individual, let alone “injured” Federal Officer to find redress when all three branches of the Government are set against them, and in fact set against him and all others from his Federal Service from ever being heard, as a long standing program of companies to go? Especially due to the complexity and number of self-interested people and Federal Agencies involved? We are not “just” engineers or mates who drive and work on the propulsion of these ships. We are intended to be so much more.
I cannot tell you just how cruel or inhumane this has all been and simple fact the U.S. Coast Guard has in fact stepped-in to not only improperly “settle” ongoing labor disputes for a separate and distinct Federal Service, but worse to do so in favor the Federal Employers who are acting for and by grant as “agents” and “representatives” of the United States. This is strictly forbidden. I was not on a ship, but in fact, in Federal District Court when seized upon by the DHS/ USCG. Moreover, DHS has used all of this to cover-up numerous reports to the United States Coast Guard itself and DHS and others about what is and been going on within maritime industry and numerous reports by me about this by me.
The Shipping companies are valid Federal Employers and act from under General Agency Agreements and make them as special “U.S. Corporations“ or “agencies“ of the United States by grant of authority and are covered and governed by Federal Employer’s Liability Act but are ignoring this fact ad so many others.
The United States itself, or some other intermediary as an interested, motivated party is acting out in all of this, like the Protection and Indemnity Insurance Clubs and others, who are actually combining efforts of not only the Federal Employers, Federal Employees Labor Union, Federal Trusts, Federal Government and others, but doing so all against the individual and even collective Federal Employees and Federal and State Maritime Officers.
Yet, the Federal Government is deeply involved as even now the IRS and others have begun their assault upon me and family members and friends. This is so that, not only are we now without representation, but worse we are left without access to our benefits and other rights as they are stripped and stolen from us through mutual efforts and effects.
Whether this is by some new general intent and policy of Congress, or only as various agencies are hand-held and lead about by the attorneys for the Protection and Indemnity Insurance Clubs, it is unclear, but it is happening and must be stopped.
It is difficult for me to believe and I do not want to, that our own Congress has lost its own long-standing fiduciary to beneficiary nature toward its Federal Maritime Officers and United States Merchant Marine. Instead I believe it is more, that many at lower level echelons are easily convinced to act in a certain fashion by various intermediaries, or in order to help cover-up what they believe or are convinced to believe to be their own involvements for not taking proper actions.
The Federal Employers and Federal Employees Labor Union and other interested parties have perfected this course of action over many decades of refinement and are quite astute and cunning liars and will and do mislead many with amazing aplomb.
Whatever the case may be, this should not be ignored nor allowed to continue as untold funds are being unlawfully redirected away from the Congressional intents and individuals like myself who seek personal redress, and are then confronted with the more systemic failures, are even then overrun by combined efforts of all who rush to ensure the corruptions remain undisturbed and undiscovered by those who can address and correct any flawed or improperly applied public policies.
I ask that in the event of my death, or misfortune, or disappearance, or “charge” for some other matters, or whatever, that some valid, neutral investigative body look deep into this, if we survive the present Administration and attempts to set-up some new “World Government” by using fast-track authority and other measures to absolutely destroy human and civil rights and in fact proper rule of law, “of the People, by the People, and for the People.”
The DHS/ USCG went even further to carry out “Summary Decision” upon me after a year of aggressive retaliatory prosecution, without any hearing, but worse on grossly improper charges and in the face of underlying valid grievances, civil complaints and complaints to the Secretary of Transportation, Congress and others.
All of the grievances and then complaints and petitions had been lodged well prior to the improper charges. These are improper in fact “criminal” or “punitive” counter charges as filed against me and then as prosecuted somehow for “being medically or mentally incompetent” [see Exhibit charge sheet ] in retaliation for and in regards to various complaints to Secretary of Transportation [see Exhibit ].
“Charges” were brought against me, whether they be administrative or not. I am being “charged” with “medical/ mental incompetence” and proven guilty without so much as a hearing or an “incident“ or a crime, but then a second Order is issued by the ALJ weeks after only when I request a “stay“ and time to file an appeal.
This second order as issued by the ALJ states that I am “okay to do everything else somehow”, denies any stay and puts forth some other garbage about me requesting a “temporary license” so they can use all the “precedence” out there that is as dated as this ALJ and this corrupted system.
So I guess I can be an “astronaut” or a “pilot” or so many other things supposedly, and especially with this 52 page Order trashing me and sitting on top of my head now, along with such gross abuses that have intended to kill me, one way or another and all the while under denial of proper wages and benefits and more by the Federal Employers [United States] while “acting under the authority of my license” somehow?
Too bizarre and way too corrupt.
If not, then why am I being denied medical care, or treatment, or my full Federal pension for being “injured” in line of duty on these ships and while acting under authority of my Federal License as is required by law, custom and proper rights? Worse why are matters not being investigated and/ or corrected?
The clear intent is to bury me under as much retaliatory prosecutions from under improper Executive Agency Article II proceedings as possible, only so as to continue in some form of bizarre and pressured form of “sovereign immunity” that does not apply under admiralty or general maritime law or even under the Administrative Procedure Act and is being acted out by all parties to protect each and all other parties.
In addition, actions have been taken against me for my complaints to the Department of Transportation’s Inspector General’s Office [complaint 03-0745], to the Federal Bureau of Investigation, even the Department of Homeland Security and others that pre-existed the charges against me. In further retaliation DHS/ USCG even posted “BOLO’s” posters [Be On the Look Out see exhibit BOLO] about me where the DHS presents that “I may be dangerous“ somehow and even denies me access to public facilities.
All of this without a specific act or crime that I have been charged with, suspected of, or even then properly prosecuted for other then for filing and seeking redress of grievances in the civil manner.
I am sure that some improper charge is now even under consideration or construction from some other “agency” or department“ with much of what has been happening even more recently. It is clear the USCG, Federal Employers and others are very scared of me, but one must ask themselves why? Could it be because of what they have done to me, and not what I have done in any way shape or form? Any cursory investigation will expose what is really going on and one only needs to follow the paper tiger and paper trail of all of these cases and start to interview all of the people involved in what is going on.
Most will probably not speak on the record or be recorded, and others will attempt to dodge the issues by accusing me, or focusing everything on me, rather then on the Licensed Personnel Board or how they participated in by playing out their own little part in all of this, in ensuring that I could never be heard. Start asking people informed questions about these Federal and State Transportation Programs and start with some of the following lawyers;
Steve Haney, Patrick Morris, Jacob Shisha, Jim Warner, Jim Brasher, Ed Gleason, Timothy Stutler [Asst. U.S. Attorney], Nick King, Peter Forgie, Fred Car, Jeff Webb, Richard Hirn, Ed Gleason, Jonathon Axelrod, Frank Brucceleri, Peter Forgie, Charles Wolf, George Clemens, William Doyle and so many more.
Or the following Judges;
Matz [USDC-C], Morrow [USDC-C], Lew [USDC-C], Hatter [USDC-C], McKenna [DHS-ALJ], Kosinski [9th], Ryan [9th], Whalen [USDC-S], O’Scannlain [9th], Rymer [9th], Bea [9th], McKeown [9th], Canby [9th], Paez [9th], and so, so many more here also as to truly be so disturbing, especially when one takes the time to read the rulings and review them in the context of everything that has gone on.
Or the following Federal Officials or Officers;
Lt. Tribolet, Lt. Hill, Adm. Loy, Adm. Collins, Congressman Hunter, Congressman Davis/ Filner/ Rohrbacher/ Clinton/ Senator Boxer, Senator Feinstein, Capt. Wiltshire, Tim Farley, Cdr. Metruck and so, so many more even here.
What is far worse is that all of these various individuals, or parties and the Federal Agencies, Federal Employers, Federal Government, Protection and Indemnity Insurance Clubs who have all been focused on ensuring that I am never properly heard from within any venue or jurisdiction without numerous and gross abuses being carried out upon me.
This is but a fraction of a percent of the people involved in all of this, and with this standing in my way of being heard, and the IRS now somehow coming after me even though I have been declared to be “medically/ mentally incompetent“, its only reasonable that even “felling the country” looks like the only viable alternative so as to survive somehow and not continue to be retaliated against repeatedly by even the Federal Government on behalf of the Federal Employers and all of these parties who wish to ensure that I am never heard in an open, recorded forum where I might explain what I have discovered and even have my own grievances redressed and my life restored to me.
The DHS/ USCG seems to think that “acting under the authority or your Federal License” while “depressed” or injured as they have now presented themselves somehow, and no matter that you did not break any law, rule or regulation, and even then requested leave, and filed grievances and more toward this end, is now somehow a crime that one can be prosecuted for. As if once someone breaks their leg onboard they can be prosecuted for this almost immediately, or worse wait until the Federal Employers go over to their house and break it a couple more times and all the while play with their medical benefits, health care, deny them due process and more. Worse to even do so years after the fact and while an individual is continually tortured by denial of due process and more and then use that end result as the “evidence“ to show how “guilty“ they are. [?]
I know its sounds not only unbelievable that DHS could not only be so cruel, but stand squarely in such violations of basic and even fundamental Constitutional principles like Separation of Powers, the due process clause, and so many others that have been grossly violated in all regards.
In fact, the DHS/ USCG and OALJ/ ALJ seems to think it is even then, all that much more appropriate to deny an individual as much due process as possible from even within unlawful DHS/ USCG proceedings, stretched out intentionally for over a full year. Charges were in fact brought against me by one of the USCG Officers [Lt. Tribolet], who I complained of to USCG HQ’s about regarding improper conclusions on labor disputes the officer put into his report and the problems in the “system.” Problems and conflicts and other matters that I attempted to report not only to him, but to numerous others about what is and has been going on within the industry.
In attempting to report matters I was bounced from the USCG to Fish and Game, to OES, back to the USCG and others. Then I get blamed for taking so long to report it, without any hearing or investigation into why it took so long, let alone the continuing intermediary retaliations that occurred in between. Sound like 9-11 or worse?
All of these complaints and grievances are supposed to be forwarded to the Secretary of Transportation via our own complex system, that has been completely dissolved over the last 10 to 15 years and for discovering this, the various aforementioned parties wish to ensure I pay for this with my life for figuring this all out.
The DHS has blocked me from Federal Facilities without a warrant, so I could not even file the appeals timely, and did so without any proper arrest, and without any proper causation and only in retaliatory form. Worse and again, even without a hearing or trial in violation of Federal Statutes, let alone in violation of civil, if not clearly human rights.
The Department of Homeland Security seized my vehicle when I tried to file a Notice of Appeal at the Circuit Court and then put me on the street in front of Senator Kerry‘s campaign that was going on across the street. All this after attempting to file an appeal in Los Angeles Central District Court that had “DHS“ on the face of it.
The DHS/ USCG seized my medical records without a warrant or subpoena, and has gone as far as to even falsify and “doctor” medical records [see Exhibit ____ filing from P. Forgie] by not only changing dates and times, but also changing empirical data, and worse misrepresenting all of it within the DHS/ USCG proceedings. The ALJ reviewed “medical records” within the DHS/ USCG proceedings [or lack thereof] “in camera” but by himself?
This is not a proper type of “evidentiary hearing.” Behind closed doors, by himself?
This, especially while he accepts a CONTINGENT Motion for summary Judgment that was faulted on its face? The criminal activity includes Federal Judges? So what is a Federal Officer to do?
Numerous documents were improperly used in the unlawful DHS/ USCG proceedings, without a hearing, so as to only shut me up and stifle me in attempts to get these matters before Congress, or even one of the other two branches of the Federal Government. Worse, the ALJ even reviewed my medical records as stated “in camera” by himself without any of the parties there or any evidentiary hearings, so it is unclear what he even looked at if anything. Who knows?
I request that all of this be taken care of for not only personal redress, but toward more global corrections and concerns and that my name be cleared and some avenue of corrections for me set forth. This includes violations of privacy, privilege, no proper warrants or subpoenas, violation of medical privilege and privacy, violation of therapist-patient privilege, violations of attorney-client privilege, unlawful wire tapping and so much more.
I’ve been grossly denied any level of proper due process, and in fact have had all my civil rights and civil liberties even civil complaints violated and stepped on, let alone all my own human rights. The letters regarding unlawful attempts to get me to sign on to an improper non-contractual arbitration agreement that is not in-keeping with our Articles of Agreement, are too numerous to list or add as exhibits, but are available for review as supporting evidence.
This is not supposed to occur by either the Federal Employer or Federal Employees Labor Union and especially not both. Signing an arbitration agreement “after the fact” and one not in-keeping with Federal Law and Federal Contracts is criminal collusion and conspiracy.
What is and has been going on herein is analogous to the incidents in “Abu Ghraib” if not far worse, as I am not a “prisoner of war” and have done nothing wrong, but am being treated far worse then if I had been. I cannot begin to tell you what I have been put through and only somehow absorbed. In fact, I feel the DHS/ USCG and those acting by direction are “waiting” until I do, or they can find something, that they can finally more properly prosecute me for.
One reason they have kept me in these “proceedings” indefinitely and so open-ended and denied me a hearing. This is so they can yet again months from now, or even years from now, bounce it back to a hearing and then either deny a hearing again after another year or so of tortuous behaviors, or even allow a hearing but either focus it again unlawfully on prosecution for some “medical issue.” This is something that they hope to encourage by putting me out on the street and denying benefits and wages and recovery or redress as long as possible, until they can find me living on the streets somewhere because I have been blacklisted from gainful employment and even life by the ALJ’s unlawful, improper order that needs to be redacted and in fact all of these orders destroyed and some redress granted as they have absolutely and intentionally slandered me, distributed medical records and put out an unlawful order only so as to injure my ability to enforce my Articles of Agreement with the United States.
There are specific concerns that must be corrected for the broader concerns toward protections granted this Federal Service that are no longer in effect. As an example not one of my grievances has ever been heard or properly settled within the required neutral process, since it is no more and has been no more for sometime now [please refer to Exhibit ___ as the valid process of the LPB, and Exhibit ___ as the admission by the Federal Employees Labor Union that it has been improperly changed].
Any and all disputes for this Federal Service are to be handled within 30 days or at the next monthly convening of the Licensed Personnel Board. Even as contained in the Transcripts of the Record within the United States District Court, the Judge felt that since the process had been so corrupted that I must somehow be crazy to want it. What I was seeking was to correct and restore the process of contractual, statutorily mandated neutral Licensed Personnel Board.
Furthermore, to grant me proper access as required by law, regulations, contracts, or our shipping articles, general maritime and admiralty law and indeed our own U.S. Constitution under and by the Articles of Agreement as constructed in 1789 under the Judiciary Act for Federal Maritime Officers. This is not only upon and a line item within Federal Contracts, but in fact the Shipping Articles as formal Articles of Agreement are themselves Federal Law that cannot be changed by Federal Employers, or Federal Employees Labor Union or US Coast Guard or anyone else.
Rather then go into any more of this regarding what has been done to me and what I’ve experienced first-hand, I’d like to lay out some of my observations of how this system is all “supposed” to work, something that has brought this all on top of me as I‘ve attempted to gain redress and forced to learn more then I should. Although the Secretary of Transportation, Transportation Committee and Commerce Committee, Judiciary Committee and other Committees may well understand much of what I present from its own point of view, or its own opinions therein, I ask you bear with me and allow me to present the matters herein to you from the point of view of a Federal Officer.
To do this first and foremost from our vantage point, but also more hopefully do so within full Congressional hearings to hear from a Federal Officer and in fact other Federal Officers in the U.S. Merchant Marine from their own point of view and experience in regards to what’s going on within the maritime industry. This is requested to afford more clarity to the Secretary and both houses of Congress as to where we stand as a valid, but unprotected Federal Service and what might be required of the various oversight committees including the Congressional Transportation Committee and Senate Commerce Committee to correct this.
It is requested that whatever may be required in order to correct shortfalls in our National and Civil Defense systems and important transportation infrastructures including most specifically our own form of proper industrial due process for any and all disputes be heard, studied, investigated and set forth so as to correct these shortfalls.
From my own personal experience and a great deal of evidence that I’ve collected, it is grossly apparent due to corruptions and abuses of authority within our complex transportation systems, that we as valid Federal Officers no longer have access to any proper system of industrial due process for minor or major dispute resolution or grievances as required by law, contracts and custom [exhibit MEBA admission of LPB gone ]
We have lost this proper system of neutral third party dispute resolution, or what is known as the contractual, statutory Licensed Personnel Board, and it has been seized from us improperly, and as this was set forth by one of the former Secretaries of Transportation and Congress it requires some form of immediate hearings by Congress and investigations by the Secretary of Transportation.
The United States Coast Guard has denied me any and all abilities to get before any proper oral fact finding hearings as required by law, rule and regulation only so as to cover this all up. The USCG is acting as an improper final “stop-gap” for proper neutral third-party dispute resolution as required by Congress as set forth in Articles of Agreement under the Licensed Personnel Board.
I can tell you from personal attempts, we have lost more then this. Like our independent right of action in both State and Federal Courts as Federal Officers under the Jones Act to enforce our independent maritime employment contracts or Articles. The Jones Act is there, only because we are and have always been considered valid Federal Officers even since inception of our Country as set forth in our Constitution.
This has occurred by changes in policy, practice and interpretation of our rights, by all three branches of the Federal Government as time has marched on. Something that has become so convoluted as to be irreconcilable with Congress’s original intent. As it stands, due to corruptions and other problems within our Federal Employees Labor Union, even the Union itself stands alongside the Federal Employers and actively works with Federal Agencies to not only depress our wages and working conditions, but deny us of contractual, statutory extensions of the Bill of Rights.
Specifically, who is benefitting from all of this is quite clear in the misappropriations of these funds, and it is not the Federal Maritime Officers as intended by Congress. This dissolution in the form of proper due process and other statutory rights as enacted by Congress to “wards under admiralty” to both Congress and the Courts, has hit on all time low.
Congress has always held a place of special interest and protection for its seaman, as does all other civilized countries under centuries of admiralty/ general maritime customs, law and practice. Has Congress now changed its policy and beliefs somehow and without enactment of any specific law to forewarn all Federal Maritime Officers of this change of heart and the increased dangers that they now face at the hands of unscrupulous Federal Employers, Federal Employees Labor Union, the Department of Homeland Security and others?
The status of these Federal Officers has not only been eroded to a point of being totally unrecognizable with any purpose as set forth by Congress, but it is now clearly non-existent [see exhibit actual LPB ]. This Board or system of due process can only be changed by Congress, or the Secretary of Transportation as empowered by Congress and not by the Federal Employers and Federal Employees Labor Union, as it has been.
This is more than an abuse of authority, it is a criminal activity as the authority is not vested within the Federal Employers of the Federal Employees Labor Union or USCG.
The U.S. Coast Guard is even now being used, as it has been for sometime now for well over 10 years or more, as a final stop-gap to proper arbitration of any and all disputes before the required neutral third party, let alone access for proper redress before the courts. Part of this is as a by-product of the present “outsourcing” of jobs and the impact it is having on all jobs, working conditions, pensions and more. If this practice is not stopped immediately, we will soon find ourselves in the midst of cataclysmic budgetary shortfalls and insolvency of both Federal and State programs as could not be projected by any economist.
The several hundred billion dollars being spent on the War in Iraq and global terrorism is unrecoverable, and as pensions, medical benefits and other programs like decent paying jobs are being decimated, if this trend is not reversed immediately, it will be far too late to avert the depths of a depression that will make the Great Depression and even the first several World Wars look like the good ol’ days.
The current programs and trends, including denial of proper and timely due process cannot be supported indefinitely without strong repercussions. The programs that were instituted under Franklin D. Roosevelt, like proper and timely, neutral industrial due process need to be resurrected quickly and all of the present labor programs and even offices of the Department of Labor, National Labor Relations Board, Office of Special Counsel, Inspector General’s Offices, Offices of the Administrative Law Judges, and other programs need to be revisited as they are working to oppress, rather then provide proper and timely benefits as I have experienced in attempting to find proper jurisdiction or venue for the disputes as herein. Now, as its stands for all employees, every agency and no agency has jurisdiction over all disputes as the Federal and State Governments use lack of jurisdiction or delay and dissuasion to deny civil rights and civil liberties.
From my own personal experiences the problems are much more widespread and endemic and systemic then can be imagined. Class warfare right now is being staged by these improper practices and anyone with half a mind can already see the signs and symptoms going on all around the Nation let alone all around the globe.
I have been to most of these agencies in my own attempts to find redress and seen how they work, or don’t work and what is going on, is much more widespread and involves an entire series of events that include issues of arbitration, the Judiciary, our access to our Bill of Rights and more. What I have experienced in State and then even in Federal District Court was enough to cause grave concern in regards to the trends toward dissolution of our Judiciary and its proper role. This is one reason I have been fighting so hard to correct the issues and concerns regarding the United States Merchant Marine and how all of this is affecting us. This is what I know the most about, it is what I was trained for at Kings Point.
The USCG itself, as an “administrative agency or body” is being used, from my personal experience and research, only after an individual Federal Maritime Officer is denied access to any and all proper Licensed Personnel Board hearings, and sent from one Federal Agency or authority to another. Then, even detained and held within the courts for years. Our Courts are being used as actual detention centers for Federal Maritime Officers [and even others], rather then forums for redress and recovery.
Once Federal Maritime Officers are finally abused enough and such abuses carried out so as to make a man or woman irreconcilable with their former self, the DHS/ USCG swoops in and forms a summary decision after another year or so of torture, against Federal Officers and helps strip him them of everything they might have left. Then, and only then, does the USCG finish off the job and prosecute them for “being depressed“, so as to not only injure any civil complaints or civil rights, but also so injure the individual themselves through improper retaliatory actions spurred on by the Federal Employers, Federal Employees Labor Union and even Federal Agencies, that the individual has little chance of being heard, let alone surviving to be heard about from under the overt oppressions.
I have a great deal of documentation to support this from personal experiences in my own attempts to gain access to not only the Licensed Personnel Board, but also State Court, Federal Court, Appellate Court, offices of Congressman and Senators, Federal Agencies and more. All of which I’d ask to be able to present to the Secretary of Transportation, and Transportation and Commerce Committees somehow.
Under the Merchant Marine Act of 1936 we were also vested the right to petition to any Congressman or Senator and the Secretary of Transportation, but even this right is being denied administratively and summarily by even Congressional Staffers by rule of House or Senate internal custom.
As Federal Officers we were given standing to enforce our Shipping Articles, first and foremost within the Courts as created by Congress from under the Judiciary Act of 1789 where these Articles of Agreement were incorporated. We were considered to be as valid Federal Maritime Officers, as “Ambassadors” of the United States and hence the use of Articles of Agreement. Our ships that carry the American flag are floating embassies of the United States and are considered sovereign soil and are in fact extensions of our borders and all democratic beliefs to each and every other nation.
Ever since 1789, there have been numerous laws and changes that were intended to further protect seaman and especially Federal Maritime Offices who are not to be considered as one in the same, but this has all been over time subverted and corrupted by various interested parties who seek to skim as much as they possibly can from our Federal Trusts and Federal Transportation Programs to line their own pockets.
Subsequent to the initial Judiciary Act we were granted additional rights, time and time again, as the original intent was eroded more and more over time. Finally, or relatively speaking more recently, strong extensions were enacted under the Jones Act in order to make it clear that we were and still are a Federal Service so to reinforce the right to have our disputes first heard within State and Federal Courts under general maritime and admiralty principles as independent maritime employment contract or Articles of Agreement.
One reason so many wish to strip the country of the Jones Act itself, is to strip our waters of the Federal Officers who were placed there for a reason and that need has not diminished, but instead and in fact has increased in the world that we now live in today. Hence the need to revisit the original intents of not only the Merchant Marine Act of 1936, but the numerous laws that have been enacted ever since toward the benefit and protection of not only our trade routes and shippers, but more importantly our valid Federal Officers who work on these vessels and better guarantee that our Civil Defense and National Security are in place.
This includes the Collective Bargaining laws and relationships therein as the Federal Employees Labor Union is misappropriating enormous sums to even pay in-house and outside contracted attorneys to act to defeat grievances of Federal Officers, rather then allow them to present their complaints and appeals themselves as per 28 USCA 1916, first within the Licensed Personnel Board, or then State or Federal Court.
This is in strong contrast to so many laws and principles including the Labor Management and Reporting and Disclosure Act that guarantees Free Speech from within any Court or Tribunal, let alone so many other laws, customs and principles as repeatedly set forth by Congress.
Subsequent to provisions granted in enactment of the Merchant Marine Act of 1920, Congress went a step further and in the Merchant Marine Act of 1936 and reinforced the fact that this is a Federal Service, but also therein allowed Federal Officers the rights pressed upon the Federal Employers and Federal Employees Labor Union and in fact Federal Agencies, to have any disputes heard first before our Licensed Personnel Board.
The Licensed Personnel Board, is the mandatory arbitral mechanism pressed upon the Shipping Companies for not only any major disputes within this entire class of Federal Employees, but also for all minor disputes for any individual seaman or Federal Maritime Officer. This Board was created specifically under the Merchant Marine Act of 1936 and associated Railway Labor Act and required oral due process hearings. This not only reinforced this, as a Federal Service as stated, but also instituted the U.S. Merchant Marine Academy at Kings Point as Federal Service Academy.
This Board was also enacted from under statutory authority of several concurrent, interrelated Railway Labor Acts as expressed in the Merchant Marine Act of 1936. This process of the Licensed Personnel Board and costs therein are pressed upon the Shipping Companies [Federal Employers/ Federal Agencies] and Federal Employees Labor Union by acts of Congress and funded by Congress under subsidy laws as not only is this an industry affecting “commerce” and “transportation” it is also a valid and proper Federal Service.
Moreover, the Federal Employers Liability Act was also incorporated into the Jones Act or Merchant Marine Act of 1920 by enactment of Merchant Marine Act of 1936, that again was intended to reinforce very simple fact this is again, a valid Federal Service. This is not even close to how things are being run from our end where we stand as Federal Officers, but we cannot get any authority to carry on proper, open hearings in this regard.
The subsidies, or a large portion of them, are not there to “finance” or subsidize a “private industry”, but are there in fact to pay wages and benefits and provide for working conditions that are in-line with American standards and laws including most importantly the Bill of Rights as applied to this Federal Service of the United States Merchant Marine.
This is, was and has always been a valid Federal Service from its inception through the use of Shipping Articles from under the Judiciary Act of 1789 that required all Federal Laws be listed on the back of the Articles, and which has been reinforced numerous times since then, but this still is and must remain to be a valid Federal Service to protect issues of Civil Defense and National Security, both economic and strategic as has always been directly linked to the U.S. Merchant Marine.
We are not being treated as such. Instead we are being treated as “Just in Time” and even “private” at-will employees or worse, which is a very dangerous and improper position to take in regards to a valid Federal Service that is intended to be intact and strong in times of peace, and not just war. The Federal Employer’s Liability Act is not be applied nor is the Jones Act, both of which are being aggressively defeated by even the Courts on many occasions.
The intent of Congress for this Federal Service has again been subverted and corrupted for many reasons, and due to this, the related field and application of general maritime and admiralty law and jurisdiction has become more confusing and even more regional, rather then less and requires intervention by Congress.
Worse, we are being denied access to our valid neutral process of the Licensed Personnel Board by Federal Employers [shipping companies], and even the Federal Employees Labor Union itself [our own representation], or worse by even the State Courts, and the Federal Courts, and also even Federal Agencies like the U.S. Coast Guard, which can all be quite disturbing.
In the case of the USCG, they are instead being used by all other “agencies” to carry out improper determinations through use of the USCG/ OALJ Administrative Law Judges to arbitrarily and without hearings decide labor disputes for Officers from a separate and distinct Federal Service. Something of which they are forbidden to do under the Administrative Procedure Act and its own general and specific guidelines.
In fact, it is much, much worse then that as I’ve experienced personally and would request to present the matters before the Transportation Committee or Subcommittee on the United States Coast Guard and Merchant Marine. Moreover, I request that the Committee invite as many Federal Maritime Officers from both side of the aisle so as to participate in the hearings and more fully inform the Secretary and Committees so it might better understand the problems and complexities involved herein.
The Sarbanes-Oxeley bill has much to do with what is going on as I have already reported all of this to Congress in the offices of Duncan Hunter and many others, well prior to the retaliations by the Department of Homeland Security and United States Coast Guard.
Additionally, I understand that a report of the various laws and provisions affecting Federal Maritime Officers was prepared for the Committee in the year 2000. I’d like to emphasize and assert that this report was for whatever reasons incomplete, and more then that, it did not include many laws and provisions that affect the lives, wages, benefits and working conditions of Federal Maritime Officers.
One example being the Collective Bargaining Laws that are being misconstrued and misapplied to deny us proper and timely due process and numerous other rights and benefits including our pensions and more. Beyond my own circumstances of which I request the grant of the ability to more fully and properly orally present to Congress, but is the example of one of the Federal Maritime Officers who was killed in 9-11.
The Federal Officer was Jay Cochran who was on one of the flights that went into the World Trade Center Towers. As a seaman and Federal Maritime Officer, just like railway employees there is a death benefit that is to be paid out to the family of the seaman or railway worker as covered under the Federal Employer’s Liability Act and other provisions, but when the family of Mr. Cochran called the Federal Employees Labor Union they more or less snubbed her. What is far worse is that I have seen case law where the Union or Employer goes after the death benefits themselves and does not pass them on to the family and the families have had to fight for them from the Federal Employer or Union.
This is beyond corrupt and cruel, it is downright criminal.
This initial process of our Licensed Personnel Board is, as stated, pressed upon the Federal Employers and made mandatory and is to occur within thirty [30] days [see exhibit 1 Shipping Articles pgs. 9-14] so as to set and protect the record by requiring proper, timely due process hearings for any and all disputes. It was intended to include even disputes as above like with Jay Cochran killed on one of the flights of 9-11, and in fact any and all disputes, irregardless of the standing of any of the parties.
This is not the case anymore and untold sums are being stolen on a daily basis. This was intended for both any and all minor or major disputes, irregardless of the dispute or its origins, or standing, or position or even description of any of the disputants. This is especially so if it is an individual termination, or even a class wide dispute.
Beyond our initial system of the Licensed Personnel Board as unlawfully subverted and corrupted by Federal Employers, Federal and State Employees Labor Union, Federal Maritime Authorities like Military Sealift Command, Naval Fleet Auxiliary Force, the various parties use the U.S. Coast Guard through its own systemic and problematic involvements to ensure all grievances are stifled.
All of this has occurred without authority for any of the various parties or agencies to do so.
This is in stark contrast to the edicts of the Secretary of Transportation and in fact Congress. Our Shipping Articles are published by the United States on our behalf as Master Agreements and Black Letter law without any ability by the Federal Employees Labor Union, or Federal Employers to “bargain” for anything for us, especially anything “less.” The only exception is for Federal Employers to petition for recovery of any additional expenses or costs incurred.
The United States accomplishes this and sets forth our agreements for us, as its valid wards under admiralty and with limited input from the Federal Employees Labor Union. Our absolute right as Federal Officers to contact the Secretary of Transportation directly, or through the Federal Employer, or through the union toward this end, and of course by the direct input from the Secretary of Transportation himself and other entities by his direction from under a somewhat involved system is the only way our Articles of Agreement are to be altered in any way and this requires minimum of 90 day advance posting.
None of which has occurred at any point in time.
Only the Secretary of Transportation has the authority to alter our Shipping Articles and through a very specific and detailed process. Beyond this we are to also have independent right of action under the Jones Act and other provisions to present and prosecute complaints and appeals ourselves as set forth under 28 USCA 1916 and other provisions and to do so not only within the Licensed Personnel Board itself, but within State or Federal District Court, or Appellate Court and even original subject matter jurisdiction within the Supreme Court as Federal Maritime Officers working under Articles. None of which we now have access to for seemingly innumerable list of reasons. One of the most obvious being the Federal Employers and our involved Federal Agencies it would seem, have seized absolute control of our Federal Employees Labor Union and are using this position to their advantage and to the disadvantage of the entire fleet and all Federal Maritime Officers.
We are now not only without representation, but worse our Representative Federal Employees Labor Union is standing on the side of the Shipping Companies or Federal Employers and various maritime related Federal Agencies to our disadvantage and the disadvantage of the enormous Federal Trusts that have been set-up for our protection and benefits.
Federal Officers are being acted upon at untold expense to the system, let alone themselves personally, so as to cover-up what has been going on now for far too long and should not be allowed to continue any longer.
Our rights to enforce our contracts that are created from under general maritime and admiralty law, and even Federal common law and more, are to be in court by either a Bench Trial under Admiralty, or by Jury Trial under general maritime law and this as elected by the Federal Maritime Officer. The Shipping Articles themselves are not only general maritime law, but also admiralty and federal common law and can and are to be adjudicated by either a State or Federal Judge. More importantly, they were set forth by Congress as a Constitutional form of law tied to Article III, section 2 under the concept of Articles of Agreement or Shipping Articles by act of Congress in 1789.
We have also long been considered “wards under admiralty” to both Congress and the Courts due to our positions as Federal Officers, but for whatever reason this practice and in fact public policy, even as to the use of arbitration and other public policies of the United States and all civilized countries for treatment of all nation’s seaman, has itself been corrupted.
Our own Federal Service is being overrun by internal systemic failures and corruptions. Confronting, and understanding more thoroughly, and more importantly routing out these corruptions that transcend and in fact involve Federal and State Transportation Authorities, Federal Employers, Federal Employees Labor Union, Protection and Indemnity Insurance Clubs and numerous parties within all three branches of the Federal Government is the only way to guarantee that the money directed by Congress for various Federal and even State transportation programs is spent properly and efficiently as intended and goes to the wages and benefits of Federal Officers. This is important to the protection of our country and borders, trade routes, and this Federal Service and its Federal Employees and more.
Something of which is in grave jeopardy do to the long-standing problems that need to be addressed by Congress under a more contemporary light and from under the light of all existing circumstances. This is not about, nor should it be about, “getting people in trouble”, although some egregious wrongs have occurred, the most prevalent issue in anyone’s mind should be to address the problems and correct them, first and foremost. If any individual agency wants to prosecute or go after its own people later on for their parts in all of this, that is something that they must consider, but only after open hearings in this regard to identify first the problems and correct them, then to ensure they do not happen ever again.
The subsidy programs are not paid out to help or aid an ailing industry, they are paid out directly to pay for our wages and benefits under the form of Federal Trusts for this valid Federal Service, as entrusted to the Federal Employers and Federal Employees Labor Union and other involved parties for the Federal Officers. This money is paid out to supplement the higher cost of employing Federal Officers onboard these vessels that were intended to carry the majority of our cargo on our ships with our Federal Officers onboard so as to better protect not only our trade routes and even cargo, but our own waterborne borders and even to buoy matters of Civil Defense and National Security.
With recent events in the world post 9-11, its time the United States Merchant Marine not only gets its due as a valid Federal Service, but also has its entire set of programs and how they interface with other programs revisited, and quickly before the economic and even strategic effects of these systemic problems are felt nationwide if not worldwide through unnecessary holes in our closely intertwined Civil and National Defense Systems.
Separate programs and funds are set-up for maintenance, registration, construction and other differentials to aid the shipping companies in off-setting higher costs of construction and operations related to employment of Federal Officers. A distinct portion is paid out under Federal Trusts directly to these Federal Employers and even to the Federal Employees Labor Union and its various Trusts, specifically to pay our wages and to provide for our working conditions as Federal Officers. This includes our system of industrial due process that is derived from and a direct extension of the Bill of Rights and our Constitution, which again is known as our Licensed Personnel Board.
Not only are our contracts covered by Federal law, general maritime and admiralty law, they are Federal and general maritime and admiralty law themselves, as set forth by the Secretary of Transportation and others. Moreover, this is carried out under the customs of maritime employment contracts, or what are more commonly known as Shipping Articles or Articles of Agreement as has been used in the maritime industry from time immemorial.
The proper system for resolution of any and all disputes, both minor or major, is called the Licensed Personnel Board and it still exists within our Shipping Articles. These Articles of Agreement were created under the Judiciary Act of 1789, where the Shipping Articles were to include all applicable Federal Laws, including admiralty, general maritime and common law as listed on the back of the documents.
Over time for various reasons, the United States on behalf of its Federal Maritime Officers began to incorporate much of the language from the Federal Statutes into the Shipping Articles which of course included the Jones Act or Merchant Marine Act of 1920, the Merchant Marine Act of 1936, the Railway Labor Act, Federal Employer’s Liability Act and numerous other provisions that are now for many reasons being overrun and used against many Federal Officers.
Congress has long considered Maritime Officers as valid Federal Officers, logically as even “Ambassadors” of the United States due to the function and by the creation through use of Shipping Articles which are as intended to be independent employment contracts between the United States and the Federal Maritime Officers. They are to be taken care of under Trust by Federal Employers or Shipping Companies and Federal Employees Labor Union.
Due to the hand-over from one generation to the next, the original intent of the strong laws have been forced to be recreated by subsequent hearings by Congress.
In closing, I request that Congress, and in fact both full Houses and well beyond any combined or individual Committee, convene at its earliest convenience for hearings and order investigations to address and reconstitute the United States Merchant Marine. To take actions to enact legislation that will reset and even reassert the general and specific intents of Congress in this regard toward rights, pay, benefits, due process and more of this valid Federal Service under general maritime and admiralty law and custom.
Respectfully submitted for redress and corrections,
Eric N. Shine
For more, GO TO > > > www.matiallaw911.com
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“Our safety, our liberty, depends upon preserving the Constitution of the United States as our Fathers made it inviolate. The people of the United States are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.”
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Last Update December 24, 2006, by The Catbird