Uppity Wisconsin

What does the U.S. government do with a veteran who blows the whistle on the U.S. Dept. of Veterans Affairs (DVA) shreddergate scandal and who badgers the DVA as he “tenaciously pursues his claim for disability benefits," telling DVA staff that they are a bunch of "bureaucratic assholes?" The Bush-Cheney DVA and the U.S. Dept. of Justice targeted, convicted, and impoverished this Wisconsin Navy veteran on trumped-up charges of wire fraud.


Specifics, say the U.S. government, are that Navy Airman Keith Roberts and Gary Holland (who was crushed to death by a C-54 aircraft at an airbase in Naples, Italy, back in 1969) were not friends [despite their parallel service histories] and Roberts exaggerated his efforts to rescue his fellow airman, [despite the fact that he was on line duty, and subsequently at least one veteran present has corroborated Roberts' actions]. Yeah, that's right, those are the specifics of the prosecution's criminal case hatched back in 2005-2006 to shut up and retaliate against a veteran who had become, according to a Milwaukee DVA regional hospital source, a "belligerent ass." [A background source at the Clement J. Zablocki VA Medical Center in Milwaukee e-mailed the Lee Rayburn radio show in Madison in early June 2007 after a program about the Roberts case and asked to remain anonymous out of fear of losing his job. "I'd have to say that you guys are TOTALLY (uppercase in the original) right about Roberts' conviction being bullshit. ..." Disability claim denied and off to jail.

In the latest developments, Roberts, a political prisoner of the Republican Party, now reportedly embittered and feeling hopeless, is expected to be released from federal prison in March after serving almost four years behind bars.

Gordon Duff is hostile to war and committed to advocacy for America’s 23-million veterans.

The truth of the matter is that Duff, a Scottish-American Maine combat veteran of the obscene lie known as the Vietnam War, is scarred for life and he keeps up the fight for fellow veterans’ wellbeing.

Duff has spoken up on numerous occasions for jailed Wisconsin veteran Keith Roberts, for example.

Now, as Duff notes a contemporary American military that is ever more brown, black and female, he points to an increasingly vocal number of veterans who are "white, male and aggressively 'Aryan' in orientation,"

As a whole Duff sees veterans under-performing at best as a potential lobby against an imperial American foreign policy sustained by systemic lying. And out-and-out racism is just the worst of it.

Write Duff in Veterans Today, The Decline of the American Veteran:

As it is now, if 'leaders,' anyone who can wave a flag and lie, tell the sheep to follow, no matter where or why, we ask nothing.

As Wisconsin Navy veteran Keith Roberts fights for his innocence in veterans’ court, the Court of Appeals for Veterans Claims (CAVC), a development in the case may signal a heightened scrutiny on allegations that the Dept of Veterans Affairs (DVA) bypassed laws and regulations to target Roberts in a coordinated hostile act.

Last week, the Court in Keith A. Roberts v. Eric K. Shinseki (05-2425) announced that it:

has determined that additional information from the [DVA] Secretary would be helpful to the Court's resolution of this appeal. The Secretary will describe the procedures, practices and polices used for severing service connection of protected ratings due to fraud in effect at the time of the August 2005 Board decision and the date those procedures, policies and practices were implemented.

Update: Listen to Wisconsin Public Radio's Veteran fights for his innocence by Gil Halstad.

Today the Court of Appeals for Veterans Claims (CAVC) is hearing the 13-years-long claim of Keith Roberts, an innocent Vietnam-era, Navy veteran wrongfully jailed through a George W. Bush DOJ prosecution after he was targeted by the U.S. Dept of Veterans Affairs (DVA) for “tenaciously pursuing a claim for benefits” and his whistle-blowing accusations that the VA was fraudulently altering his C-file.

The en banc (full) hearing before CAVC, the national veterans court, will consider issues raised by Roberts including the imperative of the DVA to follow administrative rules and protect veterans' due process, and the mandate of the DVA to avoid a general adversarial posture towards veterans.

Roberts was convicted of wire fraud in 2007 after U.S.

Gordon Duff at Veterans Today has a piece on the GOP hostility to veterans.

Duff is a Marine combat veteran and a writer on political and social issues who apparently has had enough.

Wisconsin's jailed veteran, Keith Roberts, get a prominent mention.

Writes Duff:

‘Conservative’ means ‘saving money’ and ‘keeping soldiers as slaves onto death.’ Whether we are talking John McCain or Burr or Graham or two dozen others, these patriotic heroes have done nothing over the years but receive continual support from our favorite veterans groups for gutting military and veterans benefits.

With a series of ‘think tanks’ selling pseudo science, most of them got their feet wet with decades of ‘smoking and lung cancer denial,’ or similar idiocy, the American Enterprise Institute stands out as the lead in the war against American heroes.

Even more maniacal and radical than the Heritiage Foundation, private ‘rubber stamp’ for the schemes of Amway/Blackwater, Coors extremism and Richard Mellon Scaife, private funder for the failed Clinton impeachment, the AEI focuses on destroying veterans.

Their primary tool is a Doctor Sally Satel.

Cautious optimism defines the feeling among supporters of jailed veteran Keith Roberts.

Optimism because Keith Roberts—an innocent Vietnam-era veteran wrongfully jailed through a Bush DOJ prosecution—has been granted a rare en banc hearing before seven members of the national veterans court, the Court of Appeals for Veterans Claims (CAVC), for the appeal of his 12-years-long claim.

Anxiety because Roberts, who was diagnosed with Post Traumatic Stress Disorder (PTSD) after seeing his friend, Gary Holland, crushed to death by a C-54 aircraft, and his family were relentlessly pursued by the Bush Department of Justice and Dept of Veterans Affairs (VA) for Roberts’ “tenaciously pursuing a claim for benefits” and Roberts' whistle-blowing accusations that the VA was fraudulently altering his C-file, records containing documents related to his VA claims.

U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland) were not friends.

Wisconsin is home to a multitude of outstanding citizens who have fought for the very fabric of our democratic government against a radicalized Republican Party that has become home to a faction of corrupt, militaristic reactionaries. Here are a few who have fought for freedom and the rule of law:
 
Russ Feingold – Feingold’s dedicated work for the preservation of the U.S. Constitution and the Bill of Rights have won him the respect of citizens the world over.
 
Planned Parenthood of Wisconsin – In the face of the war on women’s reproductive rights, Planned Parenthood has stood fast in their service to women, and won a landmark legislative achievement for women protecting their right to health care.
 
Attorney Lester Pines and every organization who successfully fought our corrupt Attorney General in the Van Hollen v. WI GAB Voter Suppression Case.
 
Navy veteran Keith Roberts — An innocent victim of the U.S. Dept of Justice and U.S. Dept of Veterans Affairs (VA), Roberts continues his court battles that have made it greatly more difficult for the VA to actually jail our veterans for receiving benefits to which they are entitled.
 

Stephen Biskupic, United States Attorney for the Eastern District of Wisconsin (2002 - present) has announced that he is resigning in January before the new administration takes office.

Good riddance, though Biskupic allowed that he has amassed a good "track record."

Many Wisconsin Democrats and allies would agree with that positive performance assessment.

But I doubt that Biskupic is sending a Christmas card to the proven-innocent Georgia Thompson this year [see also Biskupic tried to 'squeeze' Georgia Thompson, and Investigate Biskupic].

Update: Vets file suit over slow VA claims processing

Tuesday, November 11 is Veterans Day.

But the U.S. Dept. of Veterans Affairs (VA), charged with providing patient care and delivering veterans' benefits, has become a malfunctioning governmental agency.

Vietnam-era Navy veteran Keith Roberts (1968-71), jailed because he could not substantiate the circumstances causing his diagnosed Post Traumatic Stress Disorder as he was "tenaciously pursuing a claim for VA benefits," has been informed his hearing for oral arguments of his VA claim before the Court of Appeals for Veterans Claims (CAVC) is scheduled for October 23, 2008.

In a unanimous opinion (07-1546) issued in July a three-member panel for the Court of Appeals for the Seventh Circuit affirmed the controversial conviction on fraud of Roberts.

via mal contends
In a unanimous opinion (07-1546) a three-member panel for the Court of Appeals for the Seventh Circuit has affirmed the controversial conviction on fraud of Wisconsin Navy veteran, Keith Roberts.

The Roberts family is planning on filing a motion for an en banc hearing, a hearing before the full appellate court.

U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland) did not have a friendship, and Roberts who was on line duty at a Naval base in Naples, Italy on February 5, 1969 at the time that Holland was crushed to death by a C-54 aircraft, exaggerated his efforts to save Holland, which constituted fraud for which he was convicted in November 2006 by a jury in northern Wisconsin.

Weak grounds for a federal prosecution? These are the grounds on which the government successfully pursued a prosecution against this honorably discharged Navy veteran who served during a combat era.

via mal contends - The death of Airman Gary Holland on February 5, 1969 continues today to cause hardship and despair.

Holland was crushed to death by a C-54 aircraft at a Naval base in Naples, Italy.

Holland's death causes despair today because former VA General Counsel attorney and VA national Director of Compensation and Pension Services, Renee L. Szybala, helped engineer the prosecution of Gary Holland's fellow airman, Keith Roberts, by US Atty Stephen Biskupic.

The crime?

via mal contends -
Madison, Wisconsin - Keith Roberts awaits the decision of his appeal before a three-judge panel of the Court of Appeals for the Seventh Circuit as he sits in a federal prison in Minnesota because the United States government said he did not tell the truth about his service in the Navy.

Veterans are assumed under the Veterans Judicial Review Act of 1989 to be (as they often are) in an diminished capacity to tell the full truth of the circumstances they encountered that contributed to their suffering Post Traumatic Stress Disorder (PTSD).

The many stressors that would lead to the granting of disability benefit payments need to be rigorously documented to the U.S. Dept of Veterans Affairs' (VA) satisfaction, thus the VA claims process propagated under administrative rules is non-adversarial and paternalistic for the veterans.

Nice. From CREW's site:

This is an outrage.

CREW and VoteVets.org released an e-mail (May 1, 2008) obtained from a Veterans Affairs (VA) employee directing VA staff to refrain from diagnosing soldiers and veterans with Post Traumatic Stress Disorder (PTSD).