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Human Subject Graduation HA-12-1-14

By Anthony J. Sanders

sanderstony@live.com

 

Two new outbreaks of academic disease in the United States require immediate treatment under "Common Rule" Federal Policy for Human research protection under 45CFR46 (1) an international university cardiac glycoside leak plagiarizing the publication of Medicine HA-5-12-13 and (2) an untreated mid-season flu epidemic due to flu vaccine propaganda.  The FDA required warning for Digitalis and related cardiotonic drugs for human use in oral dosage forms for the treatment of congestive heart failure, exercise intolerant heart disease that comes with a prognosis of two years, states "Digitalis alone or with other drugs has been used in the treatment of obesity. This use of digoxin or other digitalis glycosides is unwarranted. Moreover, since they may cause potentially fatal arrhythmias or other adverse effects, the use of these drugs in the treatment of obesity is dangerous" 21CFR§201.317 to which could be appended, "Hawthorn is the supreme herb for the heart, it is indicated for the treatment of congestive heart failure, including moderation of blood pressure, cholesterol, and arrhythmia.  Fresh fabric and a vegan diet is essential for the treatment of acute heart disease, antibiotics cure endocarditis and an athletic level of cardiovascular exercise is the only cure for the chronic condition".  The two prescription antivirals for the flu are Oseltamivir (Tamiflu) and Zanamivir (Relenza), for Haemophilus influenza the antiviral Amantadine (Symmetrel) and antimicrobials ampicillin (Principen) or levofloxacin (Levaquin) are also used, and are also most effective against Streptococcus pneumoniae.  An Institutional Review Board (IRB) shall have authority to suspend or terminate approval of research that is not being conducted in accordance with the IRB's requirements or that has been associated with unexpected serious harm to subjects under 34CFR§ 97.113.  The Attorney General is directed to fine Congress $100,000 to comply with Arts. 2, 4 and 14 of the Convention against Torture (CAT).  The joke seems to be that the Immigration and Naturalization Service (INS) was abolished by the Homeland Security Act of 2002 and the USAID Bureau for Asia and the Near East (ANE) was dissolved in 2009.  However, in recrimination, in 2009, the Department of Homeland Security (DHS) was committed to St. Elizabeth's Hospital in Washington DC and their headquarters have officially resided there since January 2010.  It is time for the United States graduate from HS to U.S. Customs and from U.S. Citizenship and Immigration to Naturalization Service (USNS) with a degree in international affairs, twelve years from the Homeland Security Act of Nov. 25, 2002.  2014 provides a window of opportunity for the United States to enjoy its privileges and immunities in a dignified fashion after not immediately graduating from HS, with a degree in international affairs, in four years.

 

Cases

 

Blakely v. Washington No. 02-1632 of June 24, 2004

Sanders, Tony J. Pardon Rod Blagojevich et al: The Bar Between Wisdom and Wealth. Hospitals & Asylums HA-19-1-13

Zagel, J. U.S. v. Blagojevich et al No. 08 CR 888

US v. Blagojevich et al 7th Cir. 612 F. 3d 558 (2010)

 

Treaties

 

Animal Rights Treaty HA-6-6-6

Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) of 26 June 1987 and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 February 2003.

Convention Relating to the Status of Refugees of 1951

 

Statute

 

XIV Amendment to the United States Constitution

Activities of Officers and Employees in Claims against and other matters affecting government 18USC(10)§205

Biological Weapons 18USC(10)§175

Chemical Weapons 18USC(11B)§229A

Civil Rights Act of 1964 Title VI

Composition of Institutional Review Boards where prisoners are involved 45CFR§46.304

Exclusive Remedies 18USC(113C)§2340B 

Digitalis and related cardiotonic drugs for human use in oral dosage forms; required warning 21CFR§201.317

Exclusion of Jurors on Account of Race or Color 18USC§243

First Amendment Privacy Protection 42USC(21A)§2000aa

Homeland Security Act (P.L. 107-294)  dated November 25, 2002

Permitted research involving prisoners 45CFR§46.306 

Public Health Service Act. Vaccine 42USC300aa-33

Suspension or termination of IRB approval of research 34CFR§ 97.113

Torture 18USC(113C)§2340A

Torture Defined 18USC(113C)§2340

Torture Exclusive Remedies 18USC(113C)§2340B

Transfer of Functions 5USCIIIB(35)I§3503

 

Literature

 

Biddle, Wayne. A Field Guide to Germs. Henry Holt and Company. New York. 1995

Bronstein, Alvin; M.D. et al. 2010 Annual Report of the American Association of Poison Control Centers’ National Poison Data System (NPDS). 28th      Annual Report. Table 18. Informa Healthcare USA Inc. 2011

Elvin-Lewis, Memory P.F.; Lewis, Walter H. Medical Botany: Plants Affecting Man’s Health. John Wiley & Sons. New York. 1977

Eurich DT; Marrie TJ; Johstone J; Majumbdar SR. Mortality reduction with influenza vaccine in patients with pneumonia outside "flu" season: pleiotropic   benefits or residual confounding? Am J Respir Crit Care Med. 2008 Sep 1;178(5):527-33. Epub 2008 Jun 12.

Gilligan, James, M.D. Why Some Politicians are More Dangerous than Others. Polity Press. Malden, Massachusetts. 2011

Gladstar, Rosemary. Medicinal Herbs: A Beginner’s Guide. Storey Publishing. 2012

Heger, Joel W., M.D.; Niemann, James T., M.D.; Criley, J. Michael, M.D. Cardiology. 5th Ed. Lippincott, Williams & Wilkins. Philadelphia. 2004

Jackson ML; Nelson JC; Weiss NS; Neuzil KM; Barlow W; Jackson LA. Influenza vaccination and risk of community-acquired pneumonia in     immunocompetent elderly people: a population-based, nested case-control study. Lancet. 2008 Aug 2;372(9636):398-405

Posner, Richard A. The Little Book of Plagiarism.  Pantheon Books New York. 2007

Sanders, Tony J. Medicine. Cardiology & Pulmonology. Hospitals & Asylums HA-5-12-13          

Schoen, Frederick J., M.D. The Heart. Chapter Twelve. Robbins Pathologic Basis of Disease. 5th Edition. Cotran, Kumar, Robbins. W. B. Saunders       Company. Philadelphia. 1994

 

'Human subject' means a living individual about whom an investigator (whether professional or student) conducting research obtains (1) Data through intervention or interaction with the individual, or (2) Identifiable private information under 34CFR§97.102 (f). Of most concern are university wifi networks and coerced reports therefrom, particularly to the totally insolvent Congress and/or armed forces (university police), attempting to capitalize or otherwise use to their advantage illegally intercepted information, that is supposed to be excluded as evidence, without abusive censorship.  It would be better if universities had regular free unsecured wifi, that doesn't pop-up, so people could download free movies and music anonymously while they work, without fear of being plagiarized.  Plagiarism is a species of intellectual fraud.  It consists of unauthorized copying that the copier claims (whether explicitly or implicitly and whether deliberately or carelessly) is original with him and the claim causes the copier’s audience to behave otherwise than it would if it knew the truth.  The Latin word plagarias was first used in its modern sense by Roman poet Martial in the first century AD.  A plagarius was someone who stole another’s slave or enslaved a free person. Student plagiarism may be becoming less and less common as more and more colleges and universities adopt plagiarism detection software, such as Turnitin, a product of a company called iParadigms.  Thousands of colleges in the United States and abroad have acquired licenses, at an annual cost of about 80 cents per student, to use the program. The program digitizes the student’s paper, uploads it into the Turnitin database, and searches the Database for matches.  Scholars are self-selected into an activity that requires them to write, they are not indifferent students with writer’s block. (Posner 07:82, 90).  College level professional non-fiction writing requires the author to cite sources in pursuit of being cited by others to advance scientific understanding.  The problem is however not so much that people copy their work, there are very few skilled note-takers and professional writers.  The problem is that the publication of meaningful work is plagued by malicious academics, agents, politicians and prosecutors attempting to get "rich" or maintain their comparative advantage in wealth with the genuinely wise people they plagiarized to get their privileged position.  To solve Martial's law it is not plagiarism to free a slave under 18USC§205(d)(1) but it is plagiarism to enslave a free person under 18USC§205(a)(1). 

 

Case in point, Rod Blagojevich Esq., the former governor of Illinois, needs to be Presidentially pardoned a 14 year prison sentence for a 'crime he and his associates did not commit' so that the Secretaries of Education and Transportation and President of the United States, from Illinois, will not continue to burden the nation with this conflict of interest.  I pray this Serbian descendant will join the two Serbians I helped free from prison in the Hague rather than the two who died there, and keep my communication domestic, so the Canadian refugee agency will not to kill any more Canadians detained in U.S. prisons.  The racketeering charges against Blagojevich and his associates actually incriminate the prosecutor, who has already resigned, but jury selection has had to be ruled exclusive, in US v. Blagojevich et al, 612 F. 3d 558 7th Cir. 2010 and freedom remains elusive.  Reason being, the federal judiciary in the nation with the highest and densest penal population in the world, the USA, would like to corrupt the African-American President, his closest friends and supporters, so that they can continue to slave despite the moral hazard posed to the peculiar institution by an African-American lawyer President and Attorney General, who have so far, not made any headway reducing the steadily increasing national and federal penal populations.  Racial disparities among prisoners persist, particularly in the 25-29 age group, 8.1% of black men, about one in 13, were behind bars, compared with 2.6% of Hispanic men and 1.1% of white men.  Making the black President the slave owner of his innocent former supporter and 'master' amounts to exclusion of jurors on account of race or color under 18USC§243.  To redress The Gap Between Wisdom and Wealth: Pardon Rod Blagojevich et al HA-19-1-13, U.S. v. Blagojevich et al No. 08 CR 888 must be overturned.  Besides the President' free will, and federal budget in general, the Departments of Education and Transportation budgets have been corrupted by Blagojevich's 'federal bailout' and more than $100 billion a year could be saved, from these two departments alone, who safely put the fantasy money in the student loan and highway fund respectively, until the day the federal government bails out Rod Blagojevich, and the truth is known regarding the 'Federal Budget Balanced to Prevent 100% of GDP Debt FY2012'.  A Presidential pardon is order.  Rod Blagojevich may be America's ticket to freedom. Blagojevich is a lawyer, fully qualified for federal office, and due to his false arrest and incarceration he might, with the reconciliation and protection of the President, not only be publicly freed, to secure the blessings of liberty for the nation, but be appointed to be an inspired leader of the efforts of the Obama administration to normalize the prison population. Blakely v. Washington No. 02-1632 of June 24, 2004 “eliminated sentencing guidelines schemes and 20 years of sentencing reform".  Composition of Institutional Review Boards where prisoners are involved requires that at least one member of the Board shall be a prisoner, or a prisoner representative with appropriate background and experience to serve in that capacity, except that where a particular research project is reviewed by more than one Board only one Board need satisfy this requirement under 45CFR§46.304(b) Biomedical or behavioral research conducted or supported by DHHS shall not involve prisoners as subjects except for research on practices, which have the intent and reasonable probability of improving the health or well-being of the subject 45CFR§46.306(b)(a)(iv).  State studies have shown that earning a college degree in prison eliminates recidivism by 100% which otherwise runs at around 60% re-incarceration in three years (Gilligan '11:90, 91).  The federal prison needs to release their nonviolent offenders.  More than 50% of the population are drug offenders and 60% of those marijuana.  SSI, Medicaid and Food Stamps would help people on probation afford their habit.  The black race seems to be discriminated against in disability benefits, an accurate study of social security beneficiaries by race is needed under Title VI of the Civil Rights Act of 1964.  In general black households are estimated to hold an average of $5,000 in assets while white households hold $80,000 in assets.  Never getting the 40 acres and a mule at the end of the Civil War and selling the family farm from the Homestead Act in the Great Depression it is hypothesized that the black race should be a qualifying disability for SSI poverty guidelines. 

 

Heart disease is the leading cause of death in the United States.  Of the estimated 50 million Americans with unhealthy levels of lipoprotein in their blood (166 out of 1,000), 7 million Americans feel angina (23 in 1,000), 1.5 million will suffer an acute myocardial infarction (heart attack) for which 550,000 will be hospitalized (1.8 out of 1,000) and of the 2.4 million people who died in 2004, 666,000 died from heart disease and 150,000 from stroke.  Formulated in 1973 and modified in 1986 and 1993 the contemporary view of the pathogenesis of atherosclerosis is called the response to injury hypothesis.  The injury postulated is a form of endothelial dysfunction without necessary denudation, which increases permeability to plasma constituents, including lipids, and permits blood monocytes and eventually platelets to adhere to endothelium.  Monocytes adhere and subsequently enter the intima, transform into macrophages and accumulate lipid to become foam cells, contributing to the evolution of the lesion.  Single or short lived injurious events can be followed by restoration of endothelial function and regression of the lesion.  Repeated or chronic injury, however, results in the development of an atheromatous plaque.  Endothelial injury has been induced in experimental animals by mechanical denudation, hemodynamic forces (AV fistula), immune complex deposition, irradiation, and chemicals to cause intimal smooth muscle proliferation and in the presence of high-lipid diets, typical atheromas and ischemia (Schoen ’94: 480).  Poisons that cause angina pectoris in sublethal doses are known cardiac glycosides.  Over 400 cardiac glycosides have been identified.  Glycosides yield one or more sugars (glylcone) and one or more other compounds (aglycones) on hydrolysis.  Toxicity is commonly associated with aglycone moiety of these compounds. The cardioactive glycosides are characterized by their specific action on the cardiac muscle.  The aglycones are steroidal (Elvin’Lewis ’77: 13, 14).  Cardio-toxic insult, caused by specific bacteria, radioactive or chemical compounds, can cause sudden cardiac death if exposure is not ceased before reaching a lethal dose, but is more likely to be administered to cause constant pain and heightened risk of death fueling demand for expensive medical treatment and surgery.  Hygiene, new wardrobes, scrubs, beds, carpets, fabrics, friends and houses are in order but camping gear may be necessary to dodge the draft and be pain free.  Besides the risk of sudden death detection can be complicated by lasting roughening, hardening, of the arteries due to lesions and scars, which lipids stick to, forming painful atheromatous plaques, prone to infection, that can cause myocardial infarction if the occlusion of the coronary artery nears or reaches stenosis, which causes a spreading necrosis of ischemic myocardial and vascular tissue, known as a heart attack, or heart attack scar, prone to infection, all of which lead to a long lasting, lifetime, painful and life-threatening allergy to all fat and animal products known as hyperlipidemia. 

 

Many different genera of the Apocynaceae family have compounds having digitalislike action on the heart and circulation.  Cardioactive glycosides are not restricted to the Apocynaceae, in fact, the most widely used cardiac glycosides used in medicine today are found in the disparate genus Digitalis of the Scrophulariaceae.   It is logical that the cardioactive glycosides of the Lilliaceae arose independently of those found in the Aponcynaceae and Scrophulariaceae. As many as 400 cardiac glycosides have been characterized, most from the Apocynaceae (Acokanthera, Apocynum, Nerium, Strophanthus, Tanghinia, thevetia), Aslepiadaceae (Asclepias, Calotropis), Liliaceae (Bowiea, Convallaria, Urginea), Moraceae (Antiaris), Ranunculaceae (Adonis, Helleborus), and Scrophulariaceae (Digitalis, Scrophularia).  Helleborus foetidus, H. niger (Christmas rose) and H. viridis all contain cardiac glycosides that cause violent purging, delirium, convulsions and death from respiratory failure.  The main cardiac stimulant is hellebrin.  Moraceae (Mulberry) Antiaris toxicaria (upas tree) latex containing two cardioactive glycosides antiarin x and z, is extremely toxic and is used in tropical Asia as a principal poison for arrows and darts.  It was used as an instrument of execution in Java in 1776 to punish 13 concubines of the king who were convicted of infidelity.  All died within five minutes of being pierced with a poisoned awl, in great agony.  Sesbania spp. (coffeebean, rattlebox, sesbane) seeds contain saponins that result in diarrhea, rapid pulse, respiratory failure, and even death.  Flowers are also poisonous. Phylogenetic Group 11 Lobaniaceae (Logania) produce Strychnos nux-vomica (strychnine tree) and S. ignatii (poison nut) of tropical Asia, the dried seeds yield the indole alkaloids strychnine and brucine, which are the main toxic constituents.  All parts of the plants including the flowers contain strychnine, which is extremely toxic and fatal to man at doses from 60 to 90 mg.  Strophantus spp. seed extracts, containing the cardiotonic agent strophanthin are used in modern medicine when immediate relief from heart failure is needed.  Tanghinia venenifera (Tanghin) of Madagascar seeds are notoriously poisonous, they contain tanghin, a cardiac glycoside characterized by digitalislike activity.  The seeds have a long history as an ordeal poison for judgments of all kinds of crimes from murder, conspiracy and witch doctor, to stealing or for settling a debt.  Forced to drink a draft or be killed by a soldier’s spear, the accused was judged innocent by the ruling regime if he wallowed in a gulp and promptly vomited, but if afraid, he would sip slowly and die almost immediately.  Guilt, of course, was predetermined, and since death was related to the strength of the extract, the judge could decide well in advance which way he wanted the trial to go.  Such ordeals became infamous and the French, who colonized the island destroyed all the tanghin trees they could find.  Thevetia peruviana (yellow oleander) contains the cardiac glycosides cerbrin, neriifolin, and thevetin, which produce symptoms similar to those of fatal digitalis poisoning.  All parts of the plant are dangerous, and most fatalities are the result of misuse of decoctions in folk medicine.  Urechites spp. (yellow nightshade) seed pods eaten in quantity will cause heart failure (Elvin-Lewis '77: 13, 14, 18, 31, 45).  

 

Asclepiadeaceae (milkweed) Asclepias spp. (milkweeds) are dangerous to cattle, the cardiac glycosides known to be present in almost all species of the genus result in severe poisoning not only to livestock but to man.  Calotropic procera (giant milkweed) latex, containing the cardiac glycoside calotropin, is extremely potent and is used on arrows in Africa.  Minute amounts are said to produce death.  It has also been used for murders and suicides in tropical America.  Scrophulariaceae (Snapdragon) Digitalis purpurea (foxglove) are a source of cardiac glycosides used in controlled does for treatment of heart disease, poisoning can result from overdose of medication or when children eat the seeds or leaves, or such the flowers.  Symptoms include vomiting and purging, severe headache, irregular heartbeat and pulse, convulsion and death, which occurs suddenly.  Solanaceae (Potato) green shoots are highly toxic.  Phylogenetic Group 15 Liliaceae (Lily): Ornithogalum umbellatum (star of Bethlehem) contains cardiac glycosides, which can cause nausea and gastroenteritis. Veratrum spp (false hellebore) contains many alkaloids, with major effects on the heart and vessels.  Blood pressue is lowered, arterioles are dilated, and a general cardiac depressant effect is caused by these alkaloids.  Most cases of poisoning have been through misuse of medical preparations (Elvin-Lewis ’77: 52-57, 60-62).  Cardiac and hypertensive drugs are the second leading cause of fatal drug overdose (Bronstein '12) and are often abused.  There is no denying that antihypertensive drugs developed in the 1950s from the Ayurvedic schizophrenia remedy Rauwolfia serpentine and the diuretic hydrochlorothiazide (HCTZ) have brought malignant hypertension, a formerly fatal  disease of the kidney causing hypertrophy of the left ventricle, under control.  The ABC of adrenergenic blockers developed in the 1970s, although they are competitive with Rauwolfia for the treatment of high blood pressure and dominate academic literature, seem to be misprescribed as medicine for the life threatening conditions of arrhythmia and congestive heart failure.  The one year survival rate for people with congestive heart failure treated with adrenergenic drugs was worse than untreated people (Heger et al '04).  Although flu season has been light this year bacterial infection, called endocarditis, can set in, 50% of the time from Streptococcus pyogenes, which causes rheumatic heart disease, which is a chronic condition with a 25% chance of dying from a heart attack over 10 years despite a vegan diet and exercise program, unless treated with any broad spectrum antibiotic.  Heart infection by Staphyloccocus aureus, has a 50% mortality rate on hospital admissions and is more effectively treated with doxycycline 100mg, the once a day antibiotic (Sanders '13:Cardiology 149-153).  Hawthorne is the supreme herb for the heart (Elvin-Lewis ’77:192) lemon balm and a sprig of sage to help emulsify fat can be added (Gladstar ’12).

The Homeland Security Act dated November 25, 2002 (P.L. 107-294) has come a long from the initial bioterrorism authorization for the agency but not anyone else.  The Act now ends with Sec. 1715. Clarification of definition of vaccine-related injury or death and Sec. 1716. Clarification of definition of vaccine and Sec. 1717. Effective date. Sec. 1715 clarification of definition of vaccine-related injury or death states, Section 2133(5) of the Public Health Service Act (42 U.S.C.300aa–33(5) is amended by adding at the end the following: ‘‘For purposes of the preceding sentence, an adulterant or contaminant shall not include any component or ingredient listed in a vaccine’s product license application or product label.’’. Sec. 1716 clarification of definition of vaccine states, Sec. 2131 of the Public Health Service Act (42USC300aa-33) is amended by adding at the end the following; (7) The term "vaccine" means any preparation or suspension, including but not limited to a preparation or suspension containing an attenuated or inactive microorganism or subunit thereof or toxin, developed or administered to produce or enhance the body’s immune response to a disease or diseases and includes all components and ingredients listed in the vaccines’s product license application and product label.’ Sec. 1717 effective date states, the amendments made by sections 1714, 1715, and 1716 shall apply to all actions or proceedings pending on or after the date of enactment of this Act, unless a court of competent jurisdiction has entered judgment (regardless of whether the time for appeal has expired) in such action or proceeding disposing of the entire action or proceeding.  More amendments than these have been hacked by HS's out of control congresses, but at least the Act no longer incites genocide.  The flu vaccine amendment seems to be working fairly well so far winter 2013-14 although sporadic reports of flu epidemics in schools and a lone "hacker" on the street have been noted, at federally stressful times.  The blame for flu epidemics typically falls either on the warehousing and shipment of flu virus cultures between flu vaccine laboratories and the diagnostic laboratory.  An informed Customs service might be helpful in reducing the illicit international trade in flu viruses, or at least only a suspect of secondary interest in the flu season disclaimer on state law enforcement offices 2012-13.  The effectiveness of flu vaccine is dubious and government propaganda pertaining to the treatment of winter flu epidemics with flu vaccine are medically negligent to inform the public of how to treat flu epidemics. The two prescription antivirals for the flu are Oseltamivir (Tamiflu) and Zanamivir (Relenza), for Haemophilus influenza the antiviral Amantadine (Symmetrel) and antimicrobials ampicillin (Principen) or levofloxacin (Levaquin) are also used. 

 

Human influenza is a highly transmissible respiratory illness that’s caused by the influenza viruses.  We see yearly winter epidemics, called seasonal influenza that affect up to 30% of the population, killing on average 30,000 a year in the US or 350,000 globally.  The incubation time for influenza (time from exposure to onset of symptoms) is short, about two days.  The onset usually is sudden.  It is marked by chills, fever, headache, lassitude and general malaise, loss of appetite, muscular aches and pains and sometimes nausea, occasionally with vomiting.  Respiratory symptoms, such as sneezing and nasal discharge, may be present coughing, with or without sputum, may occur, and hoarseness sometimes develops.  The fever of 101-105 ° F (40.6 º C) usually lasts for two to four days.  Treatment consists of rest in bed, continuing for twenty-four to forty-eight hours after the temperature has become normal.  Flu is dangerous to the extent that it can lead to pneumonia, especially for the elderly, the malnourished, or individuals stressed by chronic lung or heart problems.  The viruses that cause flu are prone to antigenic drift, making vaccine manufacture difficult.  Type A Influenza viruses are subdivided into groups based on two surface proteins, HA and NA, Influenza B or Influenza C based on protein composition.  Type A viruses are found in many kinds of animals, including ducks, chickens, pigs, and whales, and also humans. The type B virus widely circulates in humans. Type C has been found in humans, pigs, and dogs and causes mild respiratory infections, but does not spark epidemics.  Flu viruses last for hours in dried mucus (Biddle ’95: 79-85).  Around 2010 the FDA removed some 600 different types of flu remedies from the market.  The most effective remedy has always been Over-the-counter Theraflu, most consumer are better the next day.  The FDA has approved Allegra (Sanofi-Aventis) and Children's Allegra (fexofenadine) and Allegra-D (fexofenadine and pseudoephedrine) product lines to be marketed over-the-counter. The two prescription antivirals that are most commonly used these days are the neuraminidase inhibitors Oseltamivir (Tamiflu) and Zanamivir (Relenza).  Systematic review of 51 studies found no evidence that the flu vaccine is any more effective than a placebo in children (Smith et al ’08).  Studies published in 2008 found that influenza vaccination was not associated with a reduced risk of pneumonia in older people although it did contribute to a reduction in mortality (Jackson et al ’08)(Eurich et al ’08). In the winter flu season of 2012-2013 the flu vaccine was only 8% effective.  Dangerous complications with influenza involve bacterial infections that cause pneumonia wherefore broad spectrum antibiotics that are effective against Haemophilus influenziae and Streptococcus pneumoniae such as ampicillin (Principen) or levofloxacin (Levaquin) save lives, not adequately protected by the antiviral antiparkinsons drug Amantadine (Symmetrel) and flu medicines Oseltamivir (Tamiflu) and Zanamivir (Relenza)(Sanders '13: Pulmonology 26, 27).

 

For this article to create a better educated, healthier, less criminal reality the issue of recrimination by offending laboratories should be treated exactly as recidivism.  State studies have shown that earning a college degree in prison eliminates recidivism by 100% which otherwise runs at around 60% re-incarceration in three years (Gilligan '11:90, 91).  The objective of this article is therefore to bend the law so as to convince offenders that the fear and loathing that drives them mad is a prison, and that they have all the information they need to be a blameless physician when confronted with exactly this sort of substance abuse in the future, and should therefore destroy their germ cultures and toxic laboratory supplies.  The penal sentence for biological weapons can be any sentence up to life in prison, or ten years for possession under 18USC(10)§175.  The penalty for chemical weapons can be up to life in prison or the death penalty if death results.  The Attorney General may bring a civil action in the U.S. District court to issue a civil penalty not to exceed $100,000 per violation for which there is proof by a preponderance of evidence under 18USC(11B)§229A.  The invisibility of the weapon makes it difficult to prosecute.  Although local universities may be dealt with by IRB the Attorney General should fine Congress for their violation of federal torture statute in a United States District Court the maximum $100,000 fine under 18USC(11B)§229A(b)(1) and order that the Congress correct the federal torture statute so that it complies with the both the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) of 26 June 1987 and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 February 2003.  Torture is defined at 18USC(113C)§2340 As used in this chapter—(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; (2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—(A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and (3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

 

Since the 111th Congress the United States is no longer protected with penalties for torture under 18USC(113C)§2340A that has been doctored to state,

"(a) Whoever “outside the United States” commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life. (b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender. (c) A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy." It is necessary to reinstate criminal penalties as required under Arts. 2 & 4 of the CAT that states,

Art 2 Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture. An order from a superior officer or a public authority may not be invoked as a justification of torture.  Art. 4 Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. The phrase “outside the United States” must be repealed from 18USC(113C)§2340A(a), to ensure that all acts of torture are offences under its criminal law.

 

Article 14 of the Convention against torture (CAT) provides (1) Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.  In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. (2) Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.  Exclusive Remedies at 18USC(113C)§2340B has omitted reference to the civil tort since time immemorial, although it is required to under Arts. 2 & 14 of the CAT, Exclusive Remedies states, in its entirety; "Nothing in this chapter shall be construed as precluding the application of State or local laws on the same subject, nor shall anything in this chapter be construed as creating any substantive or procedural right enforceable by law by any party in any civil proceeding".  This section must be rewritten to impart knowledge regarding the fundamental principle of the legal system - the civil tort.  A “tort” is defined as an infraction of law for which compensation is due.  The payment of such compensation is termed a “civil tort”.  Most tort claims settle on the basis of theory on “tort of negligence” in regards to the “failure to use ordinary care, to do, or not do, something that a reasonably careful person would”. Under a theory of negligence it is extremely important that the legal and ethical systems do not fail to adjudicate under penalty of political corruption.  To meet the threshold of “torture”, the infraction of law is a crime that “caused severe physical or mental pain upon another person within their custody or physical control”.  The importance of the civil tort in the legal system is that the Court orders compensation and other civil remedies, such as restraining orders, decertifying and firing offenders, for an offence that would otherwise be strictly criminal, thereby avoiding reckless criminal prosecutions and fines that might neglect the victim. It is therefore suggested that Exclusive Remedies 18USC(113C)§2340B be rewritten so that it is titled; Civil Tort: "(a) The legal system shall ensure that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.  In all cases the victim shall enjoy confidentiality.  (1) State professional license disciplinary boards, Social Security Administration and institutional ethics committees comprised of moral professionals, social workers, scholars and disciplinary advocates, shall arbitrate claims of professional malpractice that constitute torture insofar as they “caused severe physical or mental pain upon another person within their custody or physical control”. They shall render written advice in regards to the “failure to use ordinary care, to do, or not do, something that a reasonably careful person would” and whether the practitioner is fit to continue working and if so, under what conditions.  They shall pay the victim of an act of torture “fair and adequate compensation” including the means for “as full a rehabilitation as possible”. 

 

The joke seems to be that the Immigration and Naturalization Service (INS) was abolished by the Homeland Security Act of 2002 and Secretary of State Hillary Clinton complied with HA and dissolved the USAID Bureau for Asia and the Near East (ANE).  However, in 2009 the Department of Homeland Security (DHS) was committed to St. Elizabeth's Hospital in Washington DC and has officially resided there since January 2010.  USCIS is more than a $500 work visa fraud.  USCIS is an identification fraud due to discriminatory disclaimer on Freedom of Information Act (FOIA) naturalization papers to help the State Department extort $500 from the free.  Since this most recent fraud it is safe to say there are as many, or more, undocumented aliens as naturalized U.S. citizens around 15.5 million (2006), residing in the United States, under First Amendment Privacy Protection 42USC(21A)§2000aa.  The fundamental principles of the 1951 Convention Relating to the Status of Refugees are non-discrimination, non-penalization and non-refoulement.  Under Art. 24(1) the Contracting Parties shall accord to refugees lawfully staying in their territory the same as is accorded to nationals in respect to the following; remuneration, social security including for people who do not fulfill the contribution conditions.  Under Art. 27 every Contracting Party shall issue identity papers to any refugee in their territory who does not possess a valid travel document.  Under Art. 29 no refugee duties, charges, or taxes, of any description, other or higher than are or may be levied on their nationals in similar situations shall be imposed, in particular in the issuance of identity documents.  In Art. 34 every effort shall be made to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.  Under Art. 36 the Contracting State shall communicate the Secretary-General of the United Nations the laws and regulations they adopt to ensure the application of this Convention Relating to the Status of Refugees and the 1967 Protocol that granted all refugees equal status.  It is time for the United States graduate from HS to U.S. Customs and from U.S. Citizenship and Immigration to Naturalization Service (USNS) with a degree in international affairs, twelve years from the Homeland Security Act of Nov. 25, 2002.  2014 provides a window of opportunity for the United States to enjoy its privileges and immunities in a dignified fashion after not immediately graduating from HS, with a degree in international affairs, in four years.

 

A Congressional Holiday against Torture with Pay

 

To correct federal torture statute so as to comply with Arts. 2, 4 and 14 of the Convention against Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984.   

 

To Amend Title 22 Foreign Relations and Intercourse (a-FRAI-d) to Title 22 Foreign Relations (FR-EE).

 

To abolish the Court of International Trade of the United States (COITUS) and create Customs Court (CC).

 

To abolish U.S. Citizenship and Immigration Service (USCIS) and create a U.S. Customs and Naturalization Service (USNS).

 

To abolish the Department of Homeland Security (DHS) and create U.S. Customs.

 

Be the federal police finance and Office Intellectual Property Enforcement Coordinator, Drug Enforcement Administration (DEA) and Alcohol, Tobacco and Firearms (ATF) abolished and employees transferred to the Department of Commerce, Department of Justice and to a new Drug Evaluation Agency (DEA) and Center for Alcohol, Tobacco and Marijuana (ATM) in the Food and Drug Administration (FDA) under 5USCIIIB(35)I§3503.

 

When Congress has agreed to correct these errors they are welcome to return to work for President Barack Obama this FY2014 re-dedicated to the repeal of the Jim Crow laws codified in Sections 2-5 of Amendment XIV of 1868 protecting tribal tax exemptions under Section 1.