Terminating Treaties; A Right To Self-Determination

The Colonial Rule is at its End; The Lakota Indians Declared their Independence-and  So Should You!
(Rations for the landless, on their Land Cartoon 1890- Library of Congress, http://www.loc.gov/pictures/item/95522197/ )

“The old Lakota was wise. He knew that a man’s heart away from Nature becomes hard; he knew that lack of respect for growing, living things soon lead to a lack of respect for humans too.”
– Luther Standing Bear, chief of the Oglala Lakota, 1905-1939

On December 17, 2007, a delegation of Lakota people went to Washington. They declared independence. They called it “the latest step in the longest running legal battle” in history.

It’s not a cessation, they said. It’s a lawful “unilateral withdrawal” from treaty obligations permitted under the 1969 Vienna Convention on the Law of Treaties.

At the time, American Indian Movement (AIM) leader Russell Means said:

“We are no longer citizens of the United States of America and all those who live in the five-state area that encompasses our country are free to join us.”

“We offer citizenship to anyone provided they renounce their US citizenship.”

“United States colonial rule is at an end.”

Signed documents were delivered to the State Department. Sovereignty was declared. The Republic of Lakota was established. It’s based on the 1851 Treaty of Fort Laramie. It created the Great Lakota (Sioux) Nation. It states in part:

“The territory of the Sioux or Dahcotah Nation, commencing the mouth of the White Earth River, on the Missouri River; thence in a southwesterly direction to the forks of the Platte River; thence up the north fork of the Platte River to a point known as the Red Buts, or where the road leaves the river; thence along the range of mountains known as the Black Hills, to the head-waters of Heart River; thence down Heart River to its mouth; and thence down the Missouri River to the place of beginning.”

It gave Lakota people portions of northern Nebraska, half of South Dakota, one-fourth of North Dakota, one-fifth of Montana, and another 20% of Wyoming.

Unilateral withdrawal from all treaties and agreements became policy. America never honored its own. More on that below.

Earlier events led to the 2007 declaration. In 1974, 5,000 International Indian Treaty Council delegates, representing 97 North and South American Indigenous People, signed a Declaration of Continuing Independence.

It was a “Manifesto representing the wisdom of thousands of people, the Ancestors, and the Great Mystery supports the rights of Indigenous Nations to live free and to take whatever actions are necessary for sovereignty.”

Numerous elders approved it. They represented ancestors born to live free. They gave delegates two mandates:

(1) Gain international recognition. In September 2007, the UN Declaration of Indigenous Rights affirmed it.

(2) “We must always remember that we were once a free People. If we don’t, we shall cease to be Lakota.”

The right to return to their original free and independent status was asserted. On December 17, 2007, they declared it formally.

In United States v. Sioux Nation (1980), the Supreme Court upheld a $105 million award to eight Sioux tribes. It was compensation for lost land. It was lawlessly taken.

The Court, however, denied what Sioux people most wanted – their land back. As a result, they refused the money. They reasserted their sovereign rights.

Thirty-two years of compound interest makes the 1980 award worth $400 million today. It’s a tiny fraction of what Sioux people lost. They demand and deserve what’s rightfully theirs. America’s highest court has no sovereignty over their rights. Neither does political Washington.

“Hunting Indians in Florida with Bloodhounds.” Lithograph published in 1848.  Library of Congress

see trail narratives: http://www.johnhorse.com/trail/03/a/05.5.htm

The Republic of Lakota described ongoing genocide as follows:

(1) Mortality

Life expectancy for Lakota men is less than 44 years. It’s the lowest of all sovereign countries. It’s the highest in America. Infant mortality is threefold higher than the US average. Diseases are a major problem. “Cancer is now at epidemic proportions.”

Teenage suicide is150% higher than America’s average. One-fourth of Lakota children are fostered or adopted by non-Native people. Doing so destroys their identity and culture. Ward Churchill calls it killing the Indian, saving the man.

(2) Disease

Tuberculosis is 800% higher than America’s average. Cervical cancer is fivefold higher. Diabetes is eight times the national average. The Federal Commodity Food Program provides high-sugar foods. They contribute to poor health.

(3) Poverty

Annual median income is $2,600 – $3,500. Poverty affects 97% of Lakotans. Many families can’t afford essentials most people take for granted. In winter, many use ovens for heat. Simple luxuries are unheard of. Life is hard, merciless, punishing, and unrelenting.

(4) Unemployment

It’s 80% or higher. Government corruption, cronyism, and indifference destroy normal living opportunities.

(5) Housing

In winter, elderly people die from hypothermia. They freeze to death for lack of heat. One-third of homes lack clean water and sewage. About 40% have no electricity. About 60% of families have no telephone.

Another 60% of homes are infected with potentially fatal black molds. On average, 17 people reside in each household. Many have two to three rooms. Some homes built for six to eight people have up to 30 in them.

(6) Drugs and Alcohol

Over half of adults battle addiction and disease. Alcoholism affects 90% of families. Two known methamphetamine labs operate. Authorities haven’t closed them.

(7) Incarceration

Indian children imprisonment exceed whites by 40%. Native People comprise 2% of South Dakota’s population. They account for 21% of those imprisoned.

Indians have the second highest state prison incarceration rate in America. Most live on federal reservations. Less than 2% are where states have jurisdiction.

(8) Culture

It’s threatened with extinction. It’s federal policy to destroy it. Only 14% of Lakotans speak their language. It’s not shared inter-generationally.

The average fluent Lakotan speaker is 65 years old. In another generation or less, perhaps few or none will remain. Lakotan language skills aren’t allowed or taught in US government schools. Nor is much of anything about native history and culture. America wants it destroyed and forgotten.

The Sand Creek Massacre (1864).
At least 150 Cheyenne and Arapaho, mostly noncombatant women, children and elders, are
brutally murdered by Colorado militia led by Colonel
John Chivington.

Lakotan struggle began with the 1803 Louisiana Purchase. They call it “fantasy” US history. France sold America 530 million Native land acres for $15 million. Lakotans owned part of it. They and other Native people weren’t consulted.

They’ve been systematically ignored and violated. From 1778 – 1871, Washington negotiated 372 treaties. Their provisions were systematically spurned.

America’s winning the West involved invading, encroaching, stealing, and occupying their lands. That’s how imperialism works. It’s the same everywhere.

Throughout the 19th century (and earlier), Washington engaged in military, legal, and political battles against Native Peoples. Their rights were contemptuously denied. They were displaced and exterminated. That’s how today’s America was created.

The 1851 Treaty of Fort Laramie was systematically violated. So were provisions of all other treaties. From 1866 – 1868, Washington let the Bozeman trail go through the “Heart of the Lakota Nation.”

It was a short cut to Montana’s gold fields. Military forts were built on stolen land along its route. Doing so violated 1851 treaty provisions. Battles ensued. Washington negotiated peace. The 1868 Fort Laramie Treaty followed. Native People thought they won. Victory was pyrrhic and illusory.

The Supreme Court’s 1883 ex parte Crow Dog decision made no difference. The Court recognized Lakotah freedom and independence. It ruled that tribes held exclusive jurisdiction over their internal affairs. It didn’t matter.

The transcontinental railroad facilitated development, land and resource theft.

In 1885, Congress passed the Major Crimes Act. It extended US jurisdiction into Lakota territory. The same year, the last of the great buffalo herds were exterminated. At one time, they numbered 60 million. Native People relied on them for food.

In 1887, Congress passed the General Allotment Act (the Dawes Act). It ended communal ownership of reservation lands. It distributed 160-acre “allotments” to individual Indians. Tribes lost millions of acres. Wealthy ranchers exploit them today.

In 1888, Congress began prohibiting Indian Spiritual and Prayer Ceremonies. It was part of destroying Native culture. In 1891, a Commissioner of Indian Affairs was authorized. It was to assure Native People obeyed white man’s laws.

Many more abuses followed. In Lone Wolf v. Hitchcock (1903), the Supreme Court extralegally recognized near absolute plenary congressional power over Indian affairs.

“Louis Firetail (Sioux, Crow Creek), wearing tribal clothing, in American history class, Hampton Institute, Hampton, Virginia”; late 1890s. From the Library of Congress.http://jubiloemancipationcentury.wordpress.com/2011/02/28/the-american-indian-at-hampton-institute-virginia/

It let US authorities steal tribal lands and resources freely. They did so on the pretext of fulfilling federal responsibilities.

Doing so abrogated fundamental indigenous rights unilaterally. The ruling was used to violate hundreds of treaties. Like other Native Peoples, Lakotans were grievously harmed.

Their sacred Black Hills were stolen. So were valued resources on them. Lakotans want back what’s rightfully theirs. Their ancestors thought the 1868 Fort Laramie Treaty granted them victory. They were wrong.

Yet in 1904, even after Lone Wolf v. Hitchcock, some believed the Treaty was “the only instance in the history of the United States where the government has gone to war and afterwards negotiated a peace conceding everything demanded by the enemy and exacting nothing in return.”

Until the 1924 Indian Citizenship Act, Native People got what no one had the right to deny them in the first place. In fact, rights afforded them nominally never existed in fact.

The entire history of Native People in America reflects horrific struggles lost. From 1492 to today, they experienced promises made and broken. Disenfranchized people remain. Most are bereft of hope.

On reservations or assimilated, they’re out of sight and mind. Once they lived peacefully on their own land. White settlers changed things. Western civilization destroyed their way of life. There’s nothing civilized about it.

They’re either ignored, mocked, or demonized in films and society. They’re called drunks, beasts, primitives, and savages. America always was a white supremacist society.

Rich powerful elites run it. Native People and most others don’t matter. They’re systematically used and abused. They’re not served. It’s the American way.

Source:

http://www.loc.gov/pictures/item/95522197/

http://rense.com/general95/sioux-nation-leaves-us.html

http://www.darkmoon.me/2013/poisoners-of-the-wells-the-jewish-role-in-the-native-american-genocide-by-rebel-of-oz/

http://thelocalcrank.blogspot.no/2007_11_01_archive.html

Jus et fraus nu…

Jus et fraus nunquam cohabitant.

Right and fraud never abide together.

 

In the first edition of Black’s Law Dictionary, published in 1891, Henry Campbell remarked that the book contained “a complete collection of legal maxims”, adding: “These have not been grouped in one body, but distributed in their proper alphabetical order through the book, This is believed to be the more convenient arrangement”. 

Well 100 years later and the new editors of the Black Law Dictionary has firmly placed it in the back of the book. Where is should never be seen, nor compared with Todays, legal interpretations, fore we might discover its real meaning.

The present Editor, Bryan A. Garner, states, “spreading latin sentences throughout the book is decidedly inconvenient for most dictionary users today.” Perhaps, for regular dictionaries, but certainly not legal, were its initial language was Latin. 

 

 

I AM not a ‘Person’, are you?…Legalese

Legalese: le·gal·esen.

The specialized vocabulary of the legal profession, especially when considered to be complex or abstruse.

http://www.thefreedictionary.com/legalese

Note: The below satirical look at legal terminology was not written by me. However, upon discovering it I thought it served as an important tool for others to view and consider. And its pretty funny too!

I am not a Person, or an Individual, or even a human

I am not a person, or an individual, or a Human, and although some humans look similar to me, I am not a human.

Some would say that I am a ‘natural’ person, but as I will show you, I am not one of those either. Who then or what then am I?

To understand who I am, you must first understand the definitions which have been placed on the words I have quoted above, words that are commonly used, but do not describe me anymore. For example, the word ‘person’.

Person –The Revised Code of Washington, RCW 1.16.080, (I live in Washington State) defines a person as follows: “The term ‘person’ may be construed to include the United States, this state, or any state or territory, or any public or private corporation, as well as an individual.”

Person –Black’s Law Dictionary 6th Edition, pg. 791, defines ‘person’ as follows: “In general usage, a human being (i.e. natural person), though by statute term may include labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.”

Person –Oran’s Dictionary of the Law, West Group 1999, defines Person as: 1. A human being (a “natural” person). 2. A corporation (an “artificial” person). Corporations are treated as persons in many legal situations. Also, the word “person” includes corporations in most definitions in this dictionary. 3. Any other “being” entitled to sue as a legal entity (a government, an association, a group of Trustees, etc.). 4. The plural of person is persons, not people (see that word). –

Person –Duhaime’s Law Dictionary. An entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law. Individuals are “persons” in law unless they are minors or under some kind of other incapacity such as a court finding of mental incapacity. Many laws give certain powers to “persons” which, in almost all instances, includes business organizations that have been formally registered such as partnerships, corporations or associations. –

Person, noun. per’sn. –Webster’s 1828 Dictionary. Defines person as: [Latin persona; said to be compounded of per, through or by, and sonus, sound; a Latin word signifying primarily a mask used by actors on the stage.]

legal person –Merriam-Webster’s Dictionary of Law 1996, defines a legal person as : a body of persons or an entity (as a corporation) considered as having many of the rights and responsibilities of a natural person and esp. the capacity to sue and be sued.

A person according to these definitions, is basically an entity – legal fiction – of some kind that has been legally created and has the legal capacity to be sued. Isn’t it odd that the word lawful is not used within these definitions?

Well….. I am not “the United States, this state, or any territory, or any public or private corporation”. I am not “labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.” So, I cannot be a ‘person’ under this part of the definition.

The RCW quoted above also states that a person could also be an “individual”. Black’s Law Dictionary also defines a person as a “human being,” which they define by stating “(i.e. natural person)”. So let’s first check to see if I am an “individual”.

Individual –Black’s Law Dictionary 6th Edition, pg. 533, defines “individual” as follows: “As a noun, this term denotes a single person as distinguished from a group or class, and also, very commonly, a private or natural person as distinguished from a partnership, corporation, or association; but it is said that this restrictive signification is not necessarily inherent in the word, and that it may, in proper cases, include artificial persons.”

Well now, I have already been shown that I am not a ‘person’, and since ‘individual’ denotes a single ‘person’ as distinguished from a group or class, I can’t be an ‘individual’ under this definition either. But I see the term ‘natural person’ used in the definition of the RCW, and also in the definition of some of the Law Dictionaries. Maybe I am a ‘natural’ person, since I know I am not an ‘artificial’ one.

I could not find the term ‘Natural person’ defined anywhere, so I had to look up the word ‘natural’ for a definition to see if that word would fit with the word person…

Natural –Black’s Law Dictionary 6th Edition, pg. 712, defines ‘Natural’ as follows: “Untouched by man or by influences of civilization; wild; untutored, and is the opposite of the word “artificial”. The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in opposition to the term “legal”; and then it means proceeding from or determined by physical causes or conditions, as distinguished from positive enactments of law, or attributable to the nature of man rather than the commands of law, or based upon moral rather than legal considerations or sanctions.”

Wow, what do they mean by this definition? Am I untouched by man (depends on what the word ‘man’ means), or by influences of civilization? I don’t think so. Am I ‘wild’, or ‘untutored’? nope, not me. Even though the definition states that this word is the opposite of the word ‘artificial’, it still does not describe who I believe I am. So I must conclude that I am not a ‘natural’ person, under this definition of the word ‘natural’. So the term ‘natural person’ cannot apply to me.

Black’s Law Dictionary also used the term ‘human being’, and although Black’s defined it as a ‘natural person’, maybe they made a mistake, maybe I am a ‘human being’. ‘Human’ or ‘human being’ does not appear to have a ‘legal’ definition, so I went to my old standby 1888 Noah Webster’s Dictionary for a vernacular definition of this word. Maybe Noah would know who I am.

Human –Webster’s 1888 Dictionary defines ‘human’ as follows: n. A human being; one of the race of man. [Rare and inelegant.] “Sprung of humans that inhabit earth.” …To me, the etymology of the word Hu-man, suggests that it is a marriage of two separate words ‘Hue’ (defined as the property of color), and man. But this cannot of course be correct, at least not politically correct, so I can’t go there, because the word would then mean ‘colored man’!

Am I of the race of man? Rare and inelegant? Sprung of humans that inhabit earth (ground)? (I’m not colored either). Well, it looks like I have to define the word ‘man’ through Webster’s because there appears to be no legal definition for ‘man’.

Man –Webster’s 1888 Dictionary defines ‘man’ as follows: An individual of the human race; a human being; a person.

Oh! Oh! Well, it looks like we are back to the beginning of our study of definitions, yup, back to the start, completed the circle. I am not an ‘individual’, so I cannot be considered ‘of the human race’; and since I’m not of the human race, I can’t be ‘a human being’, and I’ve also been shown that I’m not ‘a person’ either.

When I was younger, I remember filling out forms, which had the word ‘Caucasian’, listed for race (they don’t seem to use that definition any more for some reason). I was always told that this was the word for me to use since I had white skin. (It is actually pinkish, and some is tanned, with mostly white next to the tanned, but I was still told I was a ‘Caucasian’). So back to the definitions of ‘Caucasian”.

Caucasian –Black’s Law Dictionary 6th Edition, defines ‘Caucasian’ as follows: Of or pertaining to the white race.

Well, I guess that makes some sense, since I have always held myself to be ‘white’, but this is really not a very descriptive definition, so let’s see what an ‘older’ Black’s Law Dictionary has to say, if anything (they have a tendency to change the meaning of words in the new dictionaries for some reason).

Caucasian –Black’s Law Dictionary 4th Edition, defines “Caucasian’ As follows: Pertaining to the white race, to which belong the greater part of European nations and those of western Asia. The term is inapplicable to denote families or stocks inhabiting Europe and speaking either the so-called Aryan or Semitic languages.

That’s interesting, it appears that ‘white racist Aryan’ groups, like ‘Aryan Nations’ types, or those speaking Aryan, are not even ‘Caucasians’ under this definition, so they can’t be from the ‘White’ Race (I wonder if they know that). Neither are the people who call themselves Jews, and speak a form of Hebrew (which appears to be derived from the older ‘Semitic’ language referred to in Black’s Law Dictionary).

Back to Noah’s Dictionary to see if he has a vernacular definition of the word ‘Caucasian’.

Caucasian –Webster’s 1888 Dictionary defines ‘Caucasian’ as follows: Anyone belonging to the Indo-European race, and the white races originating near Mount Caucasus.

OK, here is my Conclusion: There may be some beings that are ‘persons’ and some of them are ‘individuals’, and some ‘Natural persons’ do exist, of this I have no doubt, I’ve met some of them. There are also many that I believe are ‘Humans’, or ‘Human beings’, these beings seem to exist all over this globe. However…

My kinfolk came from Western Europe, so I must have come from one of the European Nations. I am also white (I use the term loosely), so by definition I must be a ‘Caucasian’. Since I am a Caucasian, I must have come from, or be a member of one of the white races originating near Mount Caucasus. I am a male of my race, so I must conclude that I am a ‘Caucasian male’. I am also a follower of the Scriptural Messiah, commonly called a Christian. I am a living breathing being, on the soil. Therefore I must conclude that I am a living breathing Christian Caucasian (White) male, in other words, I should be called a ‘Living Breathing Caucasian Christian Male’……. or an ‘LBCCM’ – Cool – Ok, now where is that Mount Caucasus, and why would my Christian ‘White’ Race be originating from the area near that mountain called Mount Caucasus ………Hummmmmmmmmm??

---

Source: http://assemblyoftrueisrael.com/TruthPage/Iamnotaperson.html

BELLIGERENT CLAIMANT

THE BELLIGERENT CLAIMANT

“The privilege against self-incrimination is neither accorded to the passive resistant, nor the man who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It can not be retained by attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in the flesh.”

How can one pleas, if they “Do Not Understand the Nature and Cause of the Charges”? And if one is coerced to enter a plea, then that plea would have to be “Non assumpsit, Without prejudice”…a plea by which Defendant avers that “he did not undertake” or promise as alleged by the plaintiff with “no rights…waived”. — Black’s Law 6th Ed.
“The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last-ditch stand, simply loses the protection. Once he testifies to part, he has waived his right and must on cross-examination or otherwise, testify as to the whole transaction. He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus.”
– United States v. Johnson, 76 F. Supp. 538, 540 (District Court, M.D. PA. 1947)

Better go back and re-read that extraordinary verdict. And read it again. And commit it to memory, for it succinctly describes the essence of  the system.

The individual Rights guaranteed by  Constitutions can be compromised or ignored by Governments. For example, in United States v. Johnson, 76 F. Supp. 538, 539 (D. Pa. 1947), Federal District Court Judge James Alger Fee ruled that,

“The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It’s benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person.” McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last-ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus.” [Emphasis added]

KEY: Notice the verdict’s confrontational language: “fighting”, “combat”, and most surprising, “belligerent”. Did you ever expect to ever read a Federal Court condemn citizens for being “passive” or “ignorant”? Did you ever expect to see a verdict that encouraged citizens to be “belligerent” IN COURT…?

Clearly, we must DO SOMETHING,  as Edmund Burke said, “The only thing necessary for evil to triumph is for good men to do nothing.”

Ignorance makes the public more “manageable”. Insofar as government naturally seeks to expand control (to easily kill); at the expense of the citizen’s Rights, they have a vested interest in the public’s ignorance and consequent apathy.

Learn to answer a question with a question. The master asks the question, the slave answers.

Example:

“What is your name? My mother calls me “daughter dear”. Relax and have fun with these devils, play the game and learn their techniques. They are sick, so be careful. But if you came back to help, consider it “just a part of the play” and Enjoy!

Remember that All Education offers is better techniques for control.

So Simple Even a Child OverSTANDS!

Legalese: Defense of Others

You live under a regime called the rule of law. In law, particular words are specifically defined and this is different to people’s understanding of the word.  

Black’s Law Dictionary, 9th ed:

Defense of Others, (1942) A Justification defense available if one harms or threatens another when defending a third person. See: JUSTIFICATION (2). [Cases: Assault and Battery-69; Homicide-758.]

Justification, n (14c) 1. A lawful or sufficient reason for one’s acts or omissions; and fact that prevents an at from being wrongful. “. a showing, in court, of a sufficient reason why a defendant acted in a way that in the absence of the reason, would constitute the offense with which the defendant is charged. * Under the model Penal Code, the defendant must show that the harm or evil that resulted from taking the action was less than the harm or evil that the law creating the offense charged was seeking to prevent. Model Penal Code 3.02. – Also termed, Justification defense; necessity defense.

Is It Really Satire? (PUBLIC LAW 105–85)

PUBLIC LAW 105–85—NOV. 18, 1997 111 STAT. 1915

SEC. 1078. RESTRICTIONS ON THE USE OF HUMAN SUBJECTS FOR
TESTING OF CHEMICAL OR BIOLOGICAL AGENTS.
(a) PROHIBITED ACTIVITIES.—The Secretary of Defense may not
conduct (directly or by contract)—
(1) any test or experiment involving the use of a chemical
agent or biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological
agent on human subjects.
(b) EXCEPTIONS.—Subject to subsections (c), (d), and (e), the
prohibition in subsection (a) does not apply to a test or experiment
carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical,
therapeutic, pharmaceutical, agricultural, industrial, or
research activity.
(2) Any purpose that is directly related to protection against
toxic chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose
related to riot control.
(c) INFORMED CONSENT REQUIRED.—The Secretary of Defense
may conduct a test or experiment described in subsection (b) only
if informed consent to the testing was obtained from each human
subject in advance of the testing on that subject.
(d) PRIOR NOTICE TO CONGRESS.—Not later than 30 days after
the date of final approval within the Department of Defense of
plans for any experiment or study to be conducted by the Department
of Defense (whether directly or under contract) involving
the use of human subjects for the testing of a chemical agent
or a biological agent, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a report
setting forth a full accounting of those plans, and the experiment
or study may then be conducted only after the end of the 30-
day period beginning on the date such report is received by those
committees.
(e) BIOLOGICAL AGENT DEFINED.—In this section, the term
‘‘biological agent’’ means any micro-organism (including bacteria,
viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance,
and any naturally occurring, bioengineered, or synthesized
component of any such micro-organism, pathogen, or infectious substance,
whatever its origin or method of production, that is capable
of causing—
(1) death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or
materials of any kind; or
(3) deleterious alteration of the environment.
(f) REPORT AND CERTIFICATION.—Section 1703(b) of the National
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b))
is amended by adding at the end the following new paragraph:

‘‘(9) A description of any program involving the testing
of biological or chemical agents on human subjects that was
carried out by the Department of Defense during the period
covered by the report, together with—
‘‘(A) a detailed justification for the testing;
‘‘(B) a detailed explanation of the purposes of the
testing;
‘‘(C) a description of each chemical or biological agent
tested; and
‘‘(D) the Secretary’s certification that informed consent
to the testing was obtained from each human subject in
advance of the testing on that subject.’’.
(g) REPEAL OF SUPERSEDED PROVISION OF LAW.—Section 808
of the Department of Defense Appropriation Authorization Act,
1978 (50 U.S.C. 1520), is repealed.

source:

Link below, on page 287

http://www.dod.mil/dodgc/olc/docs/1998NDAA.pdf

http://www.defense.gov/

Missing…

Below are families accounts of events that lead to their worst nightmare, the disappearance of their child. But could the very people they all entrusted with the save return of their loved ones, be the very ones responsible?

After reading the accounts, I would like you to look at the video at the end. Think about what was said that may not have been fully understood during a time of trauma, and shock. There’s Always a common denominator.

Without a Trace: The Disappearance of Amy Billig—A Mother’s Search for Justice by Greg Aunapu

The story of the unsuccessful search for Amy Billig, who disappeared in 1974. A good, solid and painstakingly detailed (as well as very compassionate) retelling of the story, with cooperation from Amy’s mother Susan. The desperate efforts Susan—who has recently died—made to find her only daughter are heartrending. The author himself knew Amy slightly when he was a child. Although the real story has no conclusion, given that Amy is still missing, Aunapu is able to wrap up the book well by giving his own, very plausible theory on what happened to her.

Twilight Of Innocence: The Disappearance Of Beverly Potts
by James Jessen Badal

A good history of the 1951 disappearance of Beverly Potts, published after the fiftieth anniversary of the day she vanished. This book goes into painstaking, at times almost tedious, detail about Beverly’s disappearance and all the raised hopes and false leads afterwards. It has several good photographs of Beverly which I plan to scan. It also presents good personality portraits of the people involved: Beverly, her family, her best friend, and the investigators in her case. The book does a good wrap-up at the end in spite of the enduring mystery, telling what happened to all the characters in the decades after 1951, and then giving the author’s own theory on the cause of Beverly’s disappearance. I finished reading this book with a profound sense of frustration, given Badal’s theory that Beverly was killed by someone she knew, probably someone on her own street, and that she may well still be on that street. A good, solid account and worth buying. It’s fairly short (the second-shortest of the books on the list so far) and could be read in a day or two.

Without Trace: On the Trail of New Zealand Missing Persons
by Scott Bainbridge

Not for sale in the United States, this book covers sixteen cases of mysterious disappearances from New Zealand dating back as far as the 1950s. The chapters are about ten to twenty pages each in length and are usually, but not always, illustrated with black and white photos. I was impressed by the author’s ability to pack so much information into these relatively short essays. He interviewed many of the parties involved and some of the information in this book can be found nowhere else. If this selection of cases is anything to judge by, New Zealand disappearances can be quite as weird as those in the United States. In the case of Cynthia Grierson-Jackson for instance, the police found a lone, naked woman’s leg that was probably hers. But one leg looks much like any other, they never found the rest of the body, and the leg was never conclusively identified. Any missing persons/true crime buff would find this book intriguing. I only wish the author had included law enforcement contact numbers to submit tips.

After Etan: the Missing Child Case that Held America Captive by Lisa Cohen

Reporter Lisa Cohen, who’s been covering the Etan Patz disappearance for years now, has put together a very impressive account of the investigation with all its twists and turns. Though the book covers thirty years, the story never drags, and I stayed up and sacrificed precious sleep to get through it, although I knew already how it ended — or didn’t end, as it were. Etan Patz has never been found and the prime suspect in his disappearance, a thoroughly creepy pedophile named Jose Antonio Ramos, has never been charged in his case. The first half of the book mainly focuses on the pain of Etan’s parents, Stan and Julie, and their struggle to keep their own sanity and provide a normal life for their two remaining children. It’s a very rare and intimate window into how a family copes with having a missing child. The second half of the story focuses more on Jose Antonio Ramos and the quest by a dedicated federal prosecutor, Stuart GraBois, to bring Ramos to justice for the crimes he’s committed against children. GraBois continues to lobby for charges in Etan’s case, and I hope this book will spur that effort along.

This is a must-read for those interested in the Patz case and the phenomenon of missing children in general. Though it’s 400 pages, it felt like a much shorter book to me. The details and the snappy journalistic writing style moved it along. I don’t think it could have been any better written.

(In the interests of full disclosure, I should note that the author gave me a copy of this book for free.)

The Empty Robe: the Story of the Disappearance of Judge Crater by Stella Crater

Told in the words of his wife, this is the story of the infamous disappearance of Judge Joseph Crater back in 1931. He was never located. Stella Crater wrote a slim but solid account of the circumstances surrounding her husband’s disappearance; the facts she gave seem to be accurate, as they match up with other accounts I have read. More importantly in my view, Stella gives an excellent portrait of her husband’s personality and her own, and as you read about what happened to her during the search you come to grips with common problems in left-behind families that most people don’t think about: for instance, she suffered numerous financial problems after her husband vanished because his income had of course stopped and most of their assets were in his name.

The primary thing that strikes me about this book, however, is Stella’s immense capacity for self-delusion and blind faith. It’s really rather sad. She goes out of her way to assure the reader that her husband—whom she obviously adored—was an honest and honorable man in all aspects of his life and that he had never been unfaithful to her. She is absolutely sure of all this, in spite of ample evidence of Judge Crater’s extramarital affairs and political corruption and in spite of the fact that, prior to his disappearance, Stella really knew very little about his finances or his business life. She didn’t even find out he had been appointed to the state Supreme Court until she read it in the newspapers after the induction ceremony. This book is definitely worth reading for the characterization alone, it you can find it. There is only one other full-length book about Joseph Crater’s disappearance, Richard Tofel’s Vanishing Point; it is reviewed below.

Missing: Missing Without Trace in Ireland by Barry Cummins

As the title indicates, this is a group of case studies of several women and children who have disappeared without a trace in Ireland and Northern Ireland. While the writing is rather dry, the individual cases are very detailed and the author also includes personal information about the missing people and their families, which makes them come to life for the reader.

My only real objection is that Cummins invariably declares that the people he is writing about have been murdered. The book jacket, for instance, mentions “Annie McCarrick who was murdered in the Dublin-Wicklow mountains.” Annie’s remains have never been found, no suspects have been arrested, and there are no witnesses and no hard evidence to indicate that she is in fact dead, let alone murdered. Granted, she probably was, but the assumptions about the missing people’s fates seriously detract from the author’s credibility. Still, in spite of this the book’s details making it worth looking at.

A Rip in Heaven: a Memoir of Murder and Its Aftermath by Jeanine Cummins

Considering that this book is about the brutal gang rape and murder of the author’s two cousins, it is an extremely balanced and thoughtful account, much like Ann Rule’s work. Julie and Robin Kerry were thrown off a bridge in Missouri in 1991; Robin’s body was never found. Their cousin, Jeanine Cummins’s brother Tom, was with them and was also shoved off the bridge, but survived and later testified against the killers. There are detailed word portraits of each of the main characters in the story—the book was much more about Robin, Kerry and Tom than it was about the killers, and pictures of the killers were not even included in the photo centerfold. Tom was initially suspected of killing his cousins and was actually charged with their murders, but was quickly released. Cummins is able to convincingly explain how a combination of trauma, sleep deprivation and inappropriate police interrogation tactics caused Tom to fail a lie detector test and make an incriminating statement (I would hardly call it a confession). It is unfortunate that to this day, some people believe he was responsible for the girls’ deaths.

I really have to give Cummins credit for not trying to demonize the murderers. They are/were violent and dangerous men; the sheer brutality of their crimes showed this and needed no further embellishment. The only complaint I have about this book is that it sort of ended in the thick of things, with one of the killers being granted yet another stay of execution, without any explanation as to what eventually happened. This is a very good memoir, well-written and researched and as objective as we have any right to expect it to be.

Sunk Without a Sound: The Tragic Colorado River Honeymoon of Glen and Bessie Hyde
by Brad Dimock

This book is quite exceptional on this list, and in the genre of mystery stories in general, because Dimock actually attempted to recreate the setting of Glen and Bessie‘s disappearances. Both professional boaters, Dimock and his wife made a sweep scow like the Hydes’ boat, as reconstructed from photographs, and rafted down the same rivers they did to get a feeling of what it was like. Dimock’s experience on the river no doubt contributed to the conclusions he reached about Bessie and Glen’s disappearances.

Thoroughly researched and packed with photographs of Glen, Bessie, their family members and other people involved in their story, Sunk Without a Sound is a real gem of a book. Dimock provides extensive biographical history on the Hydes, maps of their routes, and quoted reminiscences from those who knew them and from Glen and Bessie’s own letters and notes. Most importantly, Dimock is a good myth-destroyer. By sweeping all the extraneous campfire gossip aside, he enables the reader to see as well as is possible what must have happened to Glen and Bessie. The old adage about how the simplest explanation is most likely to be the correct one definitely applies here, and I write this with a certain sadness, for I grew fond of the Hydes as I read about their lives. I highly recommend this book, to mystery buffs, historians and outdoor lovers alike.

Clueless in New England: The Unsolved Disappearances of Paula Welden, Connie Smith and Katherine Hull by Michael C. Dooling NEW!

The author attempts to tie the 1946 disappearance of Paula Welden and the 1952 disappearance of Connie Smith with an earlier case, that of Katherine Hull in 1936. Katherine was 22 when she disappeared from Lebanon Springs, New York. Her skeletal remains were found in a nearby wooded area seven years later, and for lack of evidence to the contrary the death was ruled accidental. Dooling believes one serial killer was responsible in all three young women’s cases. Although I’m unconvinced — the evidence just isn’t there — this is a very thorough and well-researched account of these disappearances. In this book you’ll find as much information about these unfortunate girls as you’re ever going to find, and other cases are mentioned as well.

Trail of Blood: a Father, a Son and a Tell-tale Crime Scene Investigation
by Wanda Webb Evans, in corroboration with James Dunn

Although Roger “Scott” Dunn is the missing (presumed murdered) person in Trail of Blood, the book is about his father, Jim Dunn, as much as it is about Scott. Jim Dunn corroborated on this book, which chronicles Scott’s case from the day his disappearance was made known to the trial, conviction and sentencing of two individuals for his murder. Without Jim’s dedication, without him constantly pestering the police and anyone else whom he thought could help, Scott’s murder would probably have never been solved. A good word should also be said for the investigating officers, who were very diligent in working the case and never “wrote it off,” even when it seemed hopeless.

Although the writing is somewhat dry at times, this book presents a good portrait of the principal characters and also shows the difficulty of solving a murder where there is no weapon, no witnesses, no confessions, and worst of all, no body. The time frame covers over six years between Scott’s disappearance and the convictions of his killers, but the suspense remains throughout. I’m sure I’m not the only one who was outraged when I discovered at the end that one of the murder defendants was sentenced to probation, and the other is already being considered for parole. Trail of Blood is a good read, particularly those who are interested in forensics, since it goes into so much detail about the physical evidence.

Kidnapped: Child Abduction in America by Paula S. Fass

An academic history of child abduction in the United States, beginning in the late 1800s. The book contains the story of Charley Ross, whom this website was named for, as well as Etan Patz, Polly Klaas and other cases. This is not a true-crime book, but a social history written for a scholar’s eyes. It addresses the social impact of child abductions, methods police and parents have used to get their children back, and the problem of family abduction.

The Shallow Grave in Trinity County by Harry Farrell

Although this page is supposed to be for books about people who are still missing, I couldn’t resist including Shallow Grave. It’s an incredibly detailed, day-by-day history of the disappearance of fourteen-year-old Stephanie Bryan in 1955, and the subsequent search for her and the trial and execution of her presumed murderer, a young accounting student named Burton Abbott. Methods to find missing children were very primitive back then compared to now; if Stephanie had been kidnapped today, an Amber Alert would probably have been issued and while it might not have saved her, it certainly would have lead police to her killer sooner. It is chilling to think that Burton, a skinny, sickly and deceptively bland man, would certainly have gotten away with his crime and very possibly kept on killing had he not been stupid enough (or arrogant enough) to hide Stephanie’s belongings in his own basement. If his wife had not found them there, Stephanie might be profiled on this website.

The issue of Abbott’s guilt or innocence is controversial even to this day, and though Farrell never outright states his opinion, it’s pretty obvious from the writing what he believes. And that’s fine. This is a compulsively readable story; I’ve re-read my copy so often that some of the pages have fallen out.

Among the Missing: An Anecdotal History of Missing Persons from 1800 to the Present by Jay Robert Nash

This is a very absorbing read and I only wish it could be updated to include more recent cases. Nash’s writing style is engaging as he covers hundreds of disappearances of all types, including several featured on this website. Photographs and sketches occasionally illustrate the stories. Nash organizes cases by cause of disappearance: chapters are given titles such as “Escape to Love,” “Murder Unseen,” and, most intriguingly, “No Reason at All.” It should be noted that many of the cases he writes about have been solved; the missing person was located months, years and sometimes decades after vanishing. This, it seems, would lend hope to the families of people who have been gone for extensive time periods.

The Missing by Andrew O’Hagan

Part memoir, part social commentary, this book is about missing people in Great Britain. It’s a bit dated because it was written before the internet came into widespread use, but much of what it says still applies. The book is not about specific cases so much as the phenomenon in general. O’Hagan, a journalist, interviewed runaways and homeless people in addition to law enforcement officials as part of his research. Much of what he says, especially about the people who die and are left undiscovered in their apartments for months, makes for very depressing reading. This book is well worth the time to look at and fostered greater awareness in myself, although I knew a great deal about missing people already.

Stalemate: A Shocking True Story of Child Abduction and Murder by John Philpin

Despite the sensational title and cover, this book, written by an FBI profiler, is actually fairly subdued in tone. It covers the famous, unresolved rash of abductions in the San Francisco bay area in the 1980s and 1990s and the prime suspect, a sewage worker named Timothy Bindner. Bindner has never been charged with anything relating to the missing girls, but he has never been ruled out a suspect either. Tantalizing circumstances link him to the girls, and he is definitely a pedophile in the very least, but there is not a single shred of hard evidence implicating him in any kidnappings.

Philpin interviewed Bindner extensively and presents a good portrait of the man’s pathology. I don’t know if he’s actually mentally ill, but he’s certainly a very strange individual. I admired the author’s objectivity; Philpin never said whether he believed Bindner to be complicit or not, but simply put the facts down and let the reader decide. Stalemate kind of peters out at the end, but mostly this is not the fault of the author and is simply the result of having no real-life conclusion to make: none of the girls have been found and no arrests have been made.

Clay by Colby Rodowsky

Snatched from their custodial father four years ago by their flaky, unstable mother, Linda Clay McGee and her brother Timmy lead a stifled, isolated life. They are forced to use alias names (Linda is Elsie and Timmy is Tommy) and are not allowed to attend school or make friends with anyone in the neighborhood. The family moves frequently so the mother can feel “safe,” and the children are left alone for long periods while their mother is at work. In addition, Timmy is autistic and not getting help for his condition, and when he comes down with a serious infection midway through the book, his mother refuses to take him to a doctor or even to admit that anything is wrong with him. Finally, Linda Clay, the protagonist, takes the initiative and convinces a neighbor to call the authorities, but even after the children are returned to their searching father it is clear that things will never be the same again: everyone involved was profoundly changed by the experience.

Although it is a novel, and one designed for children at that, I think anyone interested in missing children, especially family abductions, should read Clay. There are very few novels on parental abduction, and this is the only one I know of that actually depicts it realistically. It’s a wonderful answer to “The kid is with a parent, how bad can it be?”

Vanishing Point: the Disappearance of Judge Crater and the New York He Left Behind by Richard J. Tofel

Vanishing Point is one of only two full-length books about the infamous 1930 disappearance of Joseph Force Crater, the other book being Crater’s wife’s memoir which is reviewed above. Studying both books as a unit will reveal much about Crater’s disappearance; Stella’s is more personal, but Tofel’s has an objectivity the memoir necessarily lacks. One gets the impression that Tofel really wanted to write about Tammany Hall politics and was just using the Crater mystery as an excuse to do so, as much of his book concerns the life and crimes of various other New York politicians who were only tangentially connected to Crater. But you can easily skip over those parts if they don’t interest you.

Tofel’s conclusion is that Crater died of natural causes while patronizing a well-known house of prostitution, and his body was disposed of to prevent the scandal that would have resulted. I suppose there is much evidence supporting this theory as there is for any of the many others—that is, none. But no matter what supposition you subscribe to, Crater’s disappearance remains an engaging mystery.

Little Charley Ross: America’s First Kidnapping for Ransom by Norman J. Zierold

I ran into this book entirely by chance in the musty stacks of used bookstore and naturally became very excited. As far as I know it’s the only full and detailed account of Charley’s abduction. While the historian in me would have liked Zierold to footnote his sources, Little Charley Ross seems to be an accurate and unbiased book, with many details I had not previously known and a centerfold of pictures. My only wish is that Zierold could have, like the above-mentioned Mr. Aunapu, included his own theory as to Charley’s fate in the afterword. However, this is a minor quibble and the book is well worth reading without it.

Source: http://www.charleyproject.org/

Tell Them the Truth And They Still Think It’s A Lie…

“Tell them the truth and they still think it’s a lie….they are brainwashed….brain dead.”

—Rabbi Abraham Finkelstein

 

Are You Mad Yet?

The Court isn’t The Judge or the Jury. The Court is the Complaint.

Movie Clip: Network (I’m As Mad As Hell And I’m Not Going To Take It Anymore!)

Black’s Law Dictionary, 7ed.

Class Action. A lawsuit in which a single person or a small group of people represent the interest of a larger group. Federal procedure has several requirements for maintaining a class action: (1) the class must be so large that individual suits would be impracticable, (2) there must be legal or factual questions common to the class, (3) the claims or defenses of the representative parties must be typical of those of the class, and (4)the representative parties must adequately protect the interest of the class.
Fed. R. Civ. P. 23 – Also termed class suit; representative action.

 ‘The Class action was an invention of equity…mothered by the practical necessity of providing a procedural device so that mere numbers would not disable large groups of individuals, united in interest, from their equitable rights nor grant them immunity from their equitable wrongs….By rule 23 the Supreme Court has extended the use of the class action device to the entire field of federal civil litigation by making it applicable to all civil actions.’

Montgomery Ward & Co- v. Langer, 168 F 2d. 182, 187 (8th Cir. 1948).

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