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Former Justice Department Lawyer Accuses Holder of Dropping New Black Panther Case for Racial Reasons
 
 

A former Justice Department attorney who quit his job to protest the Obama administration's handling of the New Black Panther Party voter intimidation case is accusing Attorney General Eric Holder of dropping the charges for racially motivated reasons.

J. Christian Adams, now an attorney in Virginia and a conservative blogger, says he and the other Justice Department lawyers working on the case were ordered to dismiss it.

"I mean we were told, 'Drop the charges against the New Black Panther Party,'" Adams told Fox News, adding that political appointees Loretta King, acting head of the civil rights division, and Steve Rosenbaum, an attorney with the division since 2003, ordered the dismissal.

Asked about the Justice Department's claim that they are career attorneys, not political appointees, Adams said "obviously, that's false."

"Under the vacancy reform act, they were serving in a political capacity," he said. "This is one of the examples of Congress not being told the truth, the American people not being told the truth about this case. It's one of the other examples in this case where the truth simply is becoming another victim of the process."

Adams claimed an unnamed political appointee said if somebody wants to bring these kinds of cases, "that' not going to de done out of the civil rights division."

Adams also accused Deputy Attorney General Thomas Perez of lying under oath to Congress about the circumstances surrounding the decision to drop the probe.

The Justice Department has defended its move to drop the case, saying it obtained an injunction against one member to keep him away from polling stations while dismissing charges against the others "based on a careful assessment of the facts and the law."

But Adams told Fox News that politics and race was at play in the dismissal.

"There is a pervasive hostility within the civil rights division at the Justice Department toward these sorts of cases," Adams told Fox News' Megyn Kelly.

Adams says the dismissal is a symptom of the Obama administration's reverse racism and that the Justice Department will not pursue voting rights cases against white victims. 

"In voting, that will be the case over the next few years, there's no doubt about it," he said.

In an opinion article published in the Washington Times last week, Adams said the dismissal "raises serious questions about the department's enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election."

Justice Department spokeswoman Tracy Schmaler dismissed Adams' accusations as a "good faith disagreement" with ulterior motives.

"It is not uncommon for attorneys within the department to have good faith disagreements about the appropriate course of action in a particular case, although it is regrettable when a former department attorney distorts the facts and makes baseless allegations to promote his or her agenda," she said in a written statement.

In the final days of the Bush administration, three Black Panthers --  Minister King Samir Shabazz, Malik Zulu Shabazz and Jerry Jackson -- were charged in a civil complaint with violating the Voter Rights Act in November 2008 by using coercion, threats and intimidation at a Philadelphia polling station -- with Shabazz brandishing what prosecutors called a deadly weapon.

The Obama administration won a default judgment in federal court in April 2009 when the Black Panthers didn't appear in court to fight the charges. But the administration moved to dismiss the charges in May 2009. Justice attorneys said a criminal complaint, which resulted in the injunction, proceeded successfully.

The department "is committed to comprehensive and vigorous enforcement of both the civil and criminal provisions of federal law that prohibit voter intimidation. We continue to work with voters, communities, and local law enforcement to ensure that every American can vote free from intimidation, coercion or threats," Schmaler said Wednesday.

But the Justice Department's explanation has failed to appease the United States Commission on Civil Rights, which is probing the department's decision, or Republican lawmakers who say the dismissal could lead to an escalation of voter intimidation.

The commission held a hearing in April in which Rep. Frank Wolf, R-Va., who has led the charge for answers from the Justice Department, was among those testifying. The Justice Department did not provide witnesses at that hearing. Instead, Perez provided the commission with written remarks in May.

"At a minimum, without sufficient proof that New Black Panther Party or Malik Zulu Shabazz directed or controlled unlawful activities at the polls, or made speeches directed to immediately inciting or producing lawless action on Election Day, any attempt to bring suit against those parties based merely upon their alleged 'approval' or 'endorsement' of Minister King Samir Shabazz and Jackson’s activities would have likely failed," he said in the statement.

The commission has repeatedly sought information from the Justice Department, going as far as filing subpoenas. Schmaler said the department has provided 2,000 pages of information in response.

But Adams said in the Times article that the department ordered the attorneys "to ignore the subpoena, lawlessly placing us in an unacceptably legal limbo."

Adams also says that after the dismissal, Justice Department attorneys were instructed not to bring any more cases against racial minorities under the Voting Section. 

Adams told Fox News that the New Black Panther case was the "easiest I ever had at the Justice Department.

"It doesn't get any easier than this," he said. "If this doesn't constitute voter intimidation, nothing will."

 
 
ADAMS: Inside the Black Panther case
 
By J. Christian Adams
 
 
On the day President Obama was elected, armed men wearing the black berets and jackboots of the New Black Panther Party were stationed at the entrance to a polling place in Philadelphia. They brandished a weapon and intimidated voters and poll watchers. After the election, the Justice Department brought a voter-intimidation case against the New Black Panther Party and those armed thugs. I and other Justice attorneys diligently pursued the case and obtained an entry of default after the defendants ignored the charges. Before a final judgment could be entered in May 2009, our superiors ordered us to dismiss the case.

The New Black Panther case was the simplest and most obvious violation of federal law I saw in my Justice Department career. Because of the corrupt nature of the dismissal, statements falsely characterizing the case and, most of all, indefensible orders for the career attorneys not to comply with lawful subpoenas investigating the dismissal, this month I resigned my position as a Department of Justice (DOJ) attorney.

The federal voter-intimidation statutes we used against the New Black Panthers were enacted because America never realized genuine racial equality in elections. Threats of violence characterized elections from the end of the Civil War until the passage of the Voting Rights Act in 1965. Before the Voting Rights Act, blacks seeking the right to vote, and those aiding them, were victims of violence and intimidation. But unlike the Southern legal system, Southern violence did not discriminate. Black voters were slain, as were the white champions of their cause. Some of the bodies were tossed into bogs and in one case in Philadelphia, Miss., they were buried together in an earthen dam.

Based on my firsthand experiences, I believe the dismissal of the Black Panther case was motivated by a lawless hostility toward equal enforcement of the law. Others still within the department share my assessment. The department abetted wrongdoers and abandoned law-abiding citizens victimized by the New Black Panthers. The dismissal raises serious questions about the department's enforcement neutrality in upcoming midterm elections and the subsequent 2012 presidential election.

The U.S. Commission on Civil Rights has opened an investigation into the dismissal and the DOJ's skewed enforcement priorities. Attorneys who brought the case are under subpoena to testify, but the department ordered us to ignore the subpoena, lawlessly placing us in an unacceptable legal limbo.

The assistant attorney general for civil rights, Tom Perez, has testified repeatedly that the "facts and law" did not support this case. That claim is false. If the actions in Philadelphia do not constitute voter intimidation, it is hard to imagine what would, short of an actual outbreak of violence at the polls. Let's all hope this administration has not invited that outcome through the corrupt dismissal.

Most corrupt of all, the lawyers who ordered the dismissal - Loretta King, the Obama-appointed acting head of the Civil Rights Division, and Steve Rosenbaum - did not even read the internal Justice Department memorandums supporting the case and investigation. Just as Attorney General Eric H. Holder Jr. admitted that he did not read the Arizona immigration law before he condemned it, Mr. Rosenbaum admitted that he had not bothered to read the most important department documents detailing the investigative facts and applicable law in the New Black Panther case. Christopher Coates, the former Voting Section chief, was so outraged at this dereliction of responsibility that he actually threw the memos at Mr. Rosenbaum in the meeting where they were discussing the dismissal of the case. The department subsequently removed all of Mr. Coates' responsibilities and sent him to South Carolina.

Mr. Perez also inaccurately testified to the House Judiciary Committee that federal "Rule 11" required the dismissal of the lawsuit. Lawyers know that Rule 11 is an ethical obligation to bring only meritorious claims, and such a charge by Mr. Perez effectively challenges the ethics and professionalism of the five attorneys who commenced the case. Yet the attorneys who brought the case were voting rights experts and would never pursue a frivolous matter. Their experience in election law far surpassed the experience of the officials who ordered the dismissal.

Some have called the actions in Philadelphia an isolated incident, not worthy of federal attention. To the contrary, the Black Panthers in October 2008 announced a nationwide deployment for the election. We had indications that polling-place thugs were deployed elsewhere, not only in November 2008, but also during the Democratic primaries, where they targeted white Hillary Rodham Clinton supporters. In any event, the law clearly prohibits even isolated incidents of voter intimidation.

Others have falsely claimed that no voters were affected. Not only did the evidence rebut this claim, but the law does not require a successful effort to intimidate; it punishes even the attempt.

Most disturbing, the dismissal is part of a creeping lawlessness infusing our government institutions. Citizens would be shocked to learn about the open and pervasive hostility within the Justice Department to bringing civil rights cases against nonwhite defendants on behalf of white victims. Equal enforcement of justice is not a priority of this administration. Open contempt is voiced for these types of cases.

Some of my co-workers argued that the law should not be used against black wrongdoers because of the long history of slavery and segregation. Less charitable individuals called it "payback time." Incredibly, after the case was dismissed, instructions were given that no more cases against racial minorities like the Black Panther case would be brought by the Voting Section.

Refusing to enforce the law equally means some citizens are protected by the law while others are left to be victimized, depending on their race. Core American principles of equality before the law and freedom from racial discrimination are at risk. Hopefully, equal enforcement of the law is still a point of bipartisan, if not universal, agreement. However, after my experience with the New Black Panther dismissal and the attitudes held by officials in the Civil Rights Division, I am beginning to fear the era of agreement over these core American principles has passed.

J. Christian Adams is a lawyer based in Virginia who served as a voting rights attorney at the Justice Department until this month. He blogs at electionlawcenter.com.

 
 
Panther case dismissal needs explanation
 
 
 

For more than a year, Attorney General Eric Holder has failed to adequately explain why his Justice Department dropped a slam-dunk voter-intimidation case against the New Black Panther Party.

His department's answers to inquiries have been incomplete and unsatisfactory. Career attorneys involved in the case have not been available for questioning, even when subpoenaed.

Now, one lawyer is speaking up - and making damning allegations against the Justice Department.

J. Christian Adams, who was a Justice Department voting-rights lawyer until he resigned last month, is scheduled to testify before the U.S. Commission on Civil Rights on Tuesday. At issue are the events of Election Day 2008 in Philadelphia.

Here's how a Justice Department complaint filed in January 2009 described those events:

Samir Shabazz, head of the Philadelphia chapter of the New Black Panther Party, and party member Jerry Jackson were "deployed" in front of a Fairmount Avenue polling place in "military style uniforms."

Shabazz brandished a nightstick. He "pointed the weapon at individuals, menacingly tapped it [in] his other hand, or menacingly tapped it elsewhere." Both Shabazz and Jackson leveled "racial threats and racial insults at both black and white individuals," and they "made menacing and intimidating gestures, statements, and movements directed at individuals who were present to aid voters."

The two men, the party, and its national chairman were named in the complaint. Since none responded, the case was all but won.

However, in May 2009, the Justice Department dropped claims against all but Shabazz, who was merely ordered not to take a weapon to a Philadelphia polling place through 2012.

U.S. Rep. Frank Wolf (R., Va.), a Philly native, has repeatedly called for an explanation. The Civil Rights Commission has held hearings on the case. In May, Assistant Attorney General Thomas Perez told the commission that the case had been re-reviewed, and the evidence deemed insufficient to proceed.

"That claim is false," Adams, the former Justice lawyer, wrote in the Washington Times last month. "If the actions in Philadelphia do not constitute voter intimidation, it is hard to imagine what would, short of an actual outbreak of violence at the polls."

Adams wrote that the dismissal of the case "was motivated by a lawless hostility toward equal enforcement of the law." As for the re-review, "the lawyers who ordered the dismissal ... did not even read the internal Justice Department memorandums supporting the case and investigation."

What's "most disturbing," Adams wrote, is "the open and pervasive hostility within the Justice Department to bringing civil rights cases against nonwhite defendants on behalf of white victims. Equal enforcement of justice is not a priority of this administration. Open contempt is voiced for these types of cases.

"Some of my coworkers," Adams continued, "argued that the law should not be used against black wrongdoers because of the long history of slavery and segregation. ... Incredibly, after the case was dismissed, instructions were given that no more cases against racial minorities like the Black Panther case would be brought by the [Justice Department's] Voting Section."

In a follow-up article for the website Pajamas Media on Monday, Adams cited other cases, in Texas and Connecticut, showing the department's "hostility toward race-neutral enforcement of the civil rights laws."

The Justice Department fired back last week, saying in a statement that " ... it is regrettable when a former department attorney distorts the facts and makes baseless allegations to promote his or her agenda."

I understand that some view the Panther incident as an unimportant blip on a historic election day. I get not wanting to make too much of an insignificant gang of thugs. But the message the Justice Department sends about hate groups and equal enforcement is important.

One of the department's own, Christopher Coates, said in January, "America is increasingly a multiracial, multiethnic, and multicultural society. For such a diverse group of people to be able to live and function together in a democratic society, there have to be certain common standards that we are bound by and that protect us all. ... For the Department of Justice to enforce the Voting Rights Act only to protect members of certain minority groups breaches the fundamental guarantee of equal protection. ..."

The remarks of Coates, a former ACLU lawyer, were reported by National Review Online when he stepped down as Voting Section chief. In his piece Monday, Adams suggests that Coates, who also worked on the Panther case, was transferred because of his "race-neutral enforcement" of the law.

Coates is still with the department, so he won't be with Adams at the witness table Tuesday. But the attorney general should be.

You Americans are so gullible. No, you won’t accept Communism outright; but we’ll keep feeding you small doses of socialism until you’ll finally wake up and find that you already have Communism. We won’t have to fight you; we’ll so weaken your economy until you fall like overripe fruit into our hands.” ~ Nikita Khrushchev, Oct. 25, 1966
 
 
 
 
"A man good enough to shed his blood for his country, is good enough to receive a square deal afterwards . . ."
-- Theodore Roosevelt


 
Veterans need actions not words...
soldier_s_courage3.jpg
 
~ Why do these two U.S. Marines look drunk... ~
george_and_jack.jpg
 
Jack (Sussex, NJ) and George Dros (Cooperstown, NY) are sitting at a table in a Duc Duc Refugee Village peasant hut, near the village's market place.   The two, young United States Marines are members of CAP Team 2-9-2.  (CAP Teams were composed of about 8 to 13 Americans, who lived and served 24/7 in Vietnamese peasant-farming villages.    The Duc Duc Refugee Village was composed of about 2,000 homes.)
In the above picture, Jack's and George's eyes were shut, because of complete exhaustion.  It was July 1970.  At the time this picture was taken, the Americans in Duc Duc were not sure whether the CAP Unit would be pulled out of the village or whether it would be wiped out.  We were experiencing heavy combat.  Intelligence reports were coming in daily that the Communists wanted to punish the village while the Americans were still there.
 
      By wiping out CAP 2-9-2, the terrorists hoped to leave an example to other CAP Villages.  With alerts at the highest level, night ambush responsibilities were 100% watch throughout the night.  With two long patrols a day going outside the village, it didn't leave much time for the eight or so Americans to sleep. 
 
     Around the day this picture was taken, an intelligence report came in from the 1st Marine Division Headquarters in Da Nang that the high Communist Command wanted to speed up President Nixon's troop pullout from Vietnam.  They wanted to embarrass the Americans on a wide-scale and influence the American People into pressuring a faster troop pullout.  Their plan called for wiping out the Fifth Marines at An Hoa.  It was going to involve thousands of Communist Forces.  The Village of Duc Duc was on the large Marine Base's perimeter and was said to be the main route for the Communist attack.  Our orders that night in July 1970 was to set up in the most well protected position.  Our Cap Unit was expected to try and hold off the Communist drive off as long as possible.  We were expected to serve as a warning or trip wire (Queens Gambit) for the Fifth Marines.
 
Months after Jack and George pulled out of the village of Duc Duc, the Vietnamese communists punished the peasant village by burning it to the ground.  Hundreds of civilian men, women and children were killed, wounded and reported missing.  Two thousands homes were reduced to ashes.   The blaze could be seen from twenty-five (25) miles away in Da Nang.   It was the light of the blaze that guided United States Marines helicopters to the scene.
 
 
jack_samson_close.jpg
 
The boy with Jack is the Marine's village boy.  These village boys would run errands, cook C-Rations, clean up-after, massage tense muscles and serve as interpreters for the Marines.  Usually, each Marine had their own boy to help him around the village. 
 
Many times, adult peasants of Duc Duc would supply these boys with intelligence information of planned terrorist attacks on the village.   Supplying these intelligence reports on terrorist movements and plans may have been the reason why the Duc Duc Refugee Village was later burned to ashes.  
 
A month after the above picture was taken, the boy lost both of his parents in a terrorist rocket attack on their area of the Duc Duc Refugee Village.   After his parents were killed, the boy moved to a relative's home closer to the City of Da Nang;  which in the long run saved his life the night of the Duc Duc Massacre.

JULY 17,  1970
 

      On what was going to turn out to be my hottest day in Vietnam, we had asked our (new to the village) sergeant for just a short, daily patrol.   Although it was still morning, we had already completed a number of our daily assignments around the village and the temperature was already scorching.   As usual, our Navy Corpsman already had treated a long line of peasants and my buddy, George Dros and I (our unit’s demolitionmen) had already setoff a couple of controlled explosions of dud high explosive rounds that the local children collected.  The loyal children received payments based on the size of their dud round.

      The CAP 2-9-2 patrol of five Marines and six Vietnamese Popular Forces (PFs) Militiamen left Phu Da with full gear.   Sergeant Donald Eifford led the patrol down a small, dusty path between two tall cornfields.   I was the M-79 Grenadier and a Lance Corporal.   When we exited the cornfields, Sergeant Eifford took out his field glasses and spotted three figures entering a known Viet Cong frequented treeline.     The treeline was once the site of a peasant village.  

      Since no villagers were allowed that far from Phu Da, it was safe to believe that the three figures entering the treeline were Communists.   Sergeant Eifford radioed for mortars on the jungle treeline from the Fifth Marines Headquarters at An Hoa.   (Only a month before, CAP 2-9-2, two tanks and a company of about 130 Marine Grunts from the Fifth Marines worked the same area.  Even with all those Marines and supporting equipment, the treeline was a bad neighborhood to say the least.)

        Using Eifford’s map grid coordinates, the Marine mortars from An Hoa were very accurate.   (He was excellent at calling in support for us.)   Our sergeant decided for the eleven-man patrol to go after the Communists.

        About a mile into the thin, open rice patty dikes, fear triggered five of our six Village Militiamen to refuse to go any farther toward the mile long piece of jungle.   Even though we tried to influence their decision, the militiamen refused.  They were terrified.   To be honest, having experienced combat there myself, I was a little worried.   Without the other PFs, there would be only six of us in the thick treeline.

      Like I already mentioned, the last time we dealt with the Communists in the same piece of jungle, we had about 130 men and 2 tanks.   In spite of all the men and equipment, we still had to call in F-4 Phantom fighter jets for a couple of bombing runs.

 

     The lone Vietnamese militiaman, who agreed to go along with us, was walking point (first) anyway.  He had to pass through five Marines on the less than two-foot wide rice patty dike in order to leave with his buddies.

     As the CAP 2-9-2 patrol came close to the treeline that only minutes earlier three Communists entered, the sergeant ordered me to walk point (first) and slam the face of the treeline with M-79 Grenade Rounds.   Immediately, I moved up in line and started firing.   About a hundred yards outside the large treeline, we had to stop.  My grenade launcher jammed from a BeeHive (shotgun-like) round casing.    I cleared my weapon and reloaded with just high explosive rounds.   

       (In the Command Chronology for CAP 2-9-2 for July 17, 1970, it was documented that I shot a total of 22  M-79 High Explosive (HE) rounds that entire day.   Although I picked my targets well, I thought that I shot much more than 22 high explosive rounds.   It was a long day under the hot sun.)

 

      Once we entered the jungle, we immediately spread out into two-man teams and found Communist huts, bunkers, and trenches and stored food supplies.   My buddy

L/Cpl. George Dros did some extra searching under some heavy jungle canopy.   Inside a large hut that George found was Communist military documents and the equipment for making booby traps.   In another hut, we found freshly cooked rice still warm in four bowls.  

      We were elated that we chased off the Communists.   I took my handy Kodak Instamatic Camera from my field jacket and started taking pictures.  A couple of the guys even posed.

      This feeling of satisfaction lasted only a few minutes.   Suddenly, we were hit from what seemed like every direction.    The Communist fire was extremely intense.

      Immediately, Sergeant Eifford radioed for mortars from the An Hoa Fifth Marine Base.   The Willie Peter placing round was right on target.   However, probably because of the shifting of the M-81 mortar’s tri-pod, the ten M-81 high explosive rounds walked directly towards where we were pinned down.   We thought that our own mortars would kill us.   I didn’t know what to do.  The thought of moving to my right or left was out of the question.  The Communist fire was too furious.  The last round exploded only about 20 yards in front of us.   

      After calling in the mortars, our sergeant called in helicopter and fixed-wing air strikes.    During one of the initial passes over the trees, the fixed-wing pilot spotted a cluster of huts deep in the treeline.  He concentrated his ordinance and succeeded in triggering some secondary explosions.

 

      During all the action, the rest of the Marines from CAP 2-9-2 and a few Vietnamese PF militiamen arrived from Phu Da.   Meanwhile, CAP 2-9-1 from the other side of the

An Hoa Marine Base rushed to our aid, but they got pinned down just outside the treeline that the six of us were surrounded in. 

     For a number of hours, we had to fight off the Communists ourselves.    It was in July and the temperature was said to be over 100 degrees.    (I don’t remember for sure, but the number 110 comes up.   Our Navy Corpsman had his mother send a thermometer just about a week before.   (He was always saying how hot it was.   It became a joke for us.)    Regardless, whether it was 100 or 110 degrees, it was extremely hot.   Water ran

out early.

     Once CAP 2-9-1 arrived, the Communists broke contact with us.   As the CAP’s demolitionmen, George Dros and I blew as much as we could with our C4 plastic explosives.   After we ran out of C4, George and I collected some hand grenades and destroyed the remaining Communist belongings and equipment.

     It was very important what route we left the jungle.   We needed to take a route that the enemy would not expect us to take.   Otherwise, the Communists would be setting up an ambush for us.   We set up security then left the treeline together on a route that crossed through a chest high, slow moving stream.   (My camera’s film was destroyed.)  While in the stream, a few guys were a little nervous about the poisonous snakes, especially the deadly Bamboo Viper.  

       Once on the other side of the stream, CAP 2-9-1 left for their own village.  The Americans and the few PF Militiamen of CAP 2-9-2 rested on a small knoll for a couple of minutes.    We were out there under some ugly conditions for many hours and we needed a much-needed rest.   Besides, our water ran out hours before and a few of us were near Heat Exhaustion.   Myself included.       

       Our Navy Corpsman was tired of telling us not to drink the filthy rice patty water.   Since the patties were the universal toilets for their peasant caretakers as well as water buffaloes and the watery grave of many insects, the Corpsman didn’t appreciate us drinking the filth through our closed teeth and then wiping our teeth clean.   (We didn’t bring our toothbrushes.)   Our sweat-soaked, camouflaged utilities were our tooth implement of necessity.

 

       Three of my buddies went to search for some desperately needed clean water.

           (The problem was the three Marines went without their weapons. I’d

            say the intense heat; the day’s activities and lack of water were getting

            to them.)

         After only a few minutes of rest, our sergeant jumped up.   He was in a hurry to get back to Phu Da for fear that the Communists might attack the unprotected village.   (One of the Vietnamese Militiamen might have read one of the Communist documents that George Dros found in the makeshift booby trap factory.)

        I told the sergeant that the three men went for water without their weapons.   I volunteered to stay.    All I cared about was that my friends were out there with no weapons.

      The Communists must have followed us.   About fifteen minutes later, as my three, joyful, wet-buddies were returning with the much needed water, the Communists attacked with rifle fire and small explosive weapons.   For protection, each of my buddies drove into a large, rice patty filled with water.  It was about a hundred yards wide and it separated us.

      For the next fifteen to twenty minutes, I fought alone in the open to draw the Communists' fire,  so that my buddies would survive or not be captured.  The sounds of the zinging bullets and bombs were constant.     

                         Thank God, those Viet Cong Terrorists were bad shots.

 

       In order to give the impression that there were more Marines on the knoll than just me, I switched between my M-79 Grenade Launcher to my buddies' M-16 Rifles and a

M-60 Machinegun.  However, I'm sure it didn't take long before the Viet Cong Terrorists realized I was the only American on the small knoll in the middle of the open rice patties.   If they killed me, the V.C. Terrorists could just walk up to my buddies and do what they wanted to them.

                                 (The Communist fire was pretty fierce.)

       I was no different than any other American in the Combined Action Program.   The thought of leaving my Cap Brothers did not even enter my mind.   At the time, we only had about eight Americans living in Phu Da.    I loved them.    One of my buddies pinned down before me in the rice patty was even married and had children.  Some of George Dros' comments are below.

 

      You could say that back then; I felt my buddies were all I had.    Due to a number of different circumstances, we felt very alone.   Even, many American people back home were against us fighting the Communists.  In June 1970, during a military sweep just outside our village, we found thousands of American Dollars that were donated to the Communist Terrorists by an American College student group at Berkeley University.   The donated money may have been used for the bounties on our heads. 

       I served in Phu Da during the student shootings at Kent State University.

 

       I was also in Phu Da when my hometown of Rosedale, Queens had its Vietnam Veteran Memorial attacked twice by tar and paint during 1970.     (It's the first Vietnam Veteran Memorial in all of America.)

                                           http://home.earthlink.net/~rosedalememorial

         Back at the knoll, a couple of the Marines who left with my sergeant returned to help but it took them some time walking along the thin rice patty dikes.   For all they knew, they were walking into an ambush themselves.    Our sergeant led the rest of the CAP 2-9-2 Americans and Vietnamese PFs back to protect Phu Da from a possible Communist attack.

       Daniel Gallerger was the first Marine to arrive to help me.   He came into the firefight shooting his weapon and laid down right next to me.   Daniel’s on The Wall in

Washington DC for something that happened months later.   He was a good Marine.

      In the end, everyone was saved and my sergeant received a well-deserved medal for his actions.   It was a miracle that no Americans were hurt that entire day.

      On July 22, 1970, CAP 2-9-2 returned to the jungle treeline with three infantry companies (C, E, and F) of the Fifth Marines, tanks and CAP 2-9-1.

 

     My buddy George Dros (one of the guys I saved) wrote his parents about the episode and they wrote and thanked my parents.   I felt great.

       To this day, George and I are extremely close and we both live up here in the beautiful, hilly farmland of Sussex County, New Jersey.    However, we don't really talk much about the war portion of serving in Phu Da, Vietnam.   To this day, it's still extremely hard to talk about the ugliness of war.     Instead, we talk a lot about our American Buddies as well as our Vietnamese Friends and the many Vietnamese Parents and Vietnamese Grandparents who adopted us into their families.

 

 

ACTUAL  UNIT  REPORT  FOR  JULY 17, 1970

17 July 70

A PF member of a CAP 2-9-2 patrol accidentally detonated an unknown type booby trap rigged with an unknown type firing device alerting an enemy ambush at AT 872500, 2.5 km N of Duc Duc District Headquarters. The patrol received SAF and returned fire with organic weapons fire, 22 M-79 HE rds,

 

2 M-72 LAAW rds, and called a helicopter gunship fire mission on the enemy. The enemy fled in an unknown direction. One PF was WIA by the exploding SFD. The PF was rendered first aid and medevaced by helicopter. A sweep of the area was nonproductive. RESULTS: 1 PF WIA(E).

George Dros' Comments about the above action.

Some time in July 1970, we went on a (daily) patrol that took us farther into enemy territory than ever before. The temperature this day was in excess of 100 .  With only three (3) other Marines and 1 Chou Hoi, we confiscated a large cache of Vietnamese communist terrorists (V.C) explosives, detonators, documents and battle plans for upcoming engagements.    (This most probably was a small terrorist bobby-trap factory.)

 

After neutralizing their base camp, we were hit by Viet Cong terrorists’ rocket-propelled grenades, mortars and small arms fire, pinning us down for over an hour.   We called for artillery from the Marine Cops’ 5th Marines Combat base at An Hoa and a react team from our brother CAP team 2-9-1.   Return artillery fire was immediate.  

      It took CAP 2-9-1 a while to reach us, because as they neared the tree line that we were pinned down in, they were also fired upon.

 

After about three hours, the V.C. broke contact and both CAP teams started back to their respective villages. We had to cross a chest deep river, carrying our weapons over our heads, but at least we were in our own back yard. We stopped on a small knoll for much needed water, since we had run out of water hours before, because of the intense heat and sun.  Two Marines and I filled everyone’s canteens while Jack and the rest of the patrol stood cover.

 

Returning from the well, I saw Jack standing cover by himself, as Sgt. Eiford thought the village might be hit and took the rest of the unit back with him in case of enemy contact.  As we made our way to the knoll that Jack was on, we took heavy fire from our right, pinning us down behind a small rice paddy dike.  Jack then exposed himself to enemy fire to try and keep the V.C. away from us, switching from his own M79 grenade launcher, to my M-16 rifle and one of the Marines’ M-60 machine gun.  Jack kept the V.C. off balance long enough for us to pull ourselves along by the rice stalks until reaching him.  The V.C. broke contact, probably fearing an artillery attack.

 

This was Jack, always caring and making sure the people he loved were safe and protected from harm. Jack’s code in life has always been the same: passion for his family, his country and the Corps. I will always be thankful for being a part of Jack’s family.

 

  What is Jack Cunningham doing today instead of battling terrorists in the Duc Duc Refugee Village?  
 
Jack is battling the State of New Jersey for his Due Process in his right to charge Legal Malpratice against a corrupt New Jersey Attorney Ethics Vice-Chairman Robert Correale.  It's been over a nine year battle so far for Jack, but he has some corrupt New Jersey politicians and officials ducking for cover.
 
 
 
 
webmaster Jack Cunningham in Parris Island, Marine Corps Boot Camp   1969
18 Years of Age
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Should PTSD disabled vets be protected under the Americans with Disability Act?
If yes, why does the Department of Justice (DOJ) refuse to step in against the State Of New Jersey. 
Nine years is a long time to refuse PTSD vet plaintiff Jack Cunningham's justice.
       
http://www.americans-working-together.com/attorney_ethics/id73.html
 
 
New Facebook Cause
PTSD disabled vets should be protected under the Federal Americans with Disability Act?
 
 
 
 
 
We the People
Over 3,000,000 views of this video
 
 
 

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Proud Vietnam Vet, Proud Tea Party Patriot, Webmaster Jack Cunningham

A very proud Vietnam vet.  I'm proud to have served with great heroes; and I'm extremely proud for serving for America.

 

Below, Jack in a discussion with an anti-TEA Party protestor during a TAX Day rally in Washington DC.

Press the picture for a larger copy

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Press the picture for a larger copy
 
 
 
Sweet, old Jack Cunningham served and lived (24/7) in two different Vietnamese peasant-farming villages.  His first CAP Team was CAP 2-9-2 and his second team was CAP 2-2-2.
 
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CAP 2-9-2
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CAP 2-2-2
Jack is the second from the right in the back row.

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Jack fought communists/marxists when he was in Vietnam, and he still proudly fights them today.
 
 
Hugo Chavez and Medea Benjamin
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Hugo Chavez and Medea Benjamin
 
Tea Parties Vs. Hard-Left Protests
 
The Anti-American: Medea Benjamin protested at the Tax Day TEA Party Rally in Washington DC

I recognized her.  She was one of the protestors who stopped near the news media cameras to get some face time.
   Jack Cunningham

Medea Benjamin, (co-founder of Code Pink) supporter for Cuba, Venezuela and many communist, marxist causes.   The Anti-American: Medea Benjamin -  
http://97.74.65.51/readArticle.aspx?ARTID=21112

Writer David Horowitz:
Many of the causes that Ms. Benjamin espouses are Communist in nature. The Washington "peace" rally at which she spoke last month, for instance, was organized by the Workers World Party, a Communist organization... In years past, she staunchly opposed US military aid to those fighting against Communist forces in Central America... She favors the creation of a government-sponsored universal health care system funded by taxpayer dollars. She exhorts the US government to lift its trade embargo against Cuba - a nation she notably lauds as a place where people have managed to "thrive despite the odds" against them.
 
 
 
 
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Bill Clinton Is Concerned About The Tea Party Bringing Out Anti-American-American Terrorists...

TEA Party Anti-American-American Terrorists...  What about William Ayers and Bernardine Dohrn?

http://www.capveterans.com/the_year_2007/id333.html

--------------------------------
 
Leftist Rapid Response Brigades attack in New Orleans! 
I wonder if this is the start of Obama's civilian militia...
 
 
 
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Proud Vietnam Vet, Proud Tea Party Patriot, Webmaster Jack Cunningham
 
 
USS ARIZONA Marine Remembrance At Pearl Harbor
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UPDATE:    We saved the Marine Corps Rememberance Memorial in Pearl Harbor From The National Park Service.

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From:    Colonel John R. Bates USMC (ret)     jrbatesusmc@aol.com
 
UPDATE:   A couple of years ago, I was the Operations Officer for the Pearl Harbor Visitor Center, on the waterfront between the USS ARIZONA and the USS BOWFIN. The Commandant of the Marine Corps was the featured speaker at the dedication of the USS ARIZONA Marine Remembrance, 10 November 2006. The National Park Service, which administers the USS ARIZONA Memorial is renovating all of Halawa Landing, the site of the Marine Remembrance. The Regional Director of the Natl Park Service Western Region, Jon Jarvis, stated on the local TV news that the Marine Remembrance would be removed. I challenged him on that statement and convinced him that would not happen without a fight. I passed the word to (disabled vet and webmaster) Jack Cunningham (Americans Working Together), who in turn asked his readership to email Jarvis that the entire USMC would make every effort to have him relieved of his duties if he moved that monument. I was copied on many of the emails to him from Marines, their friends and their families that it nearly fried my computer. And...it worked. In order to save his job, Jarvis backed down. The Remembrance now belongs to the USMC and has its' rightful place in direct view of the USS ARIZONA.

 

COLONEL JOHN BATES

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Now, Jack Cunningham, who helped us save the Marine Remembrance in Pearl Harbor, can use our help himself, as he fights for his due process against a corrupt law firm and state officials who are protecting them.
 
 

Proud Vietnam Vet, Proud Tea Party Patriot, Webmaster Jack Cunningham

Help end Government Corruption in 2010

 
A state Supreme Court attorney ethics Vice-Chairman Robert Correale misuses his high level government and court office to Cover-Up and block ethics violations and legal malpractice charges against his own law firm, Maynard & Truland.  After eight years, the Cover-Up leads all the way up to the Governor's Office, the Attorney General's Office, the state's Supreme Court and Superior Court.
Disabled Vietnam vet, Jack Cunningham's ethic complaints start with Robert Correale's and his law firm's gross negligence, over-charging per hour, false billing, lack of communications, coming to court unprepared and open perjury to the New Jersey Supreme Court and Superior Court systems.   (Evidence are Maynard & Truland's own contact, invoices, court-filed letters, court-filed documents and court-filed sworn statements, NJ Supreme Court attorney certifications, etc.)
 
Thanks to some dedicated, honest State Legislators, Jack Cunningham is no longer in this battle alone.   Please read the below letters. 
 
It's going to another level.  It's proof that in America, the little guy can win, if he or she does not give up...

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State Senator Steven Oroho's office has already completed a preliminary investigation.
 
UPDATE
New Jersey State Senator Oroho's office has received enough calls. I can't thank you enough.

Please direct your calls to Gov Chris Christie at: 609-292-6000. It's time "new", Governor Chris Christie asks for a formal investigation of the Cover-up.
John "Jack" Cunningham vs. New Jersey Office of Attorney Ethics
 

Gov. Christie can ask State Senate Steven Oroho all questions.
 
 
 
Billboard recently established on I-75 just south of Lake City, Florida
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Proud Tea Party Patriot and Proud Vietnam Vet, Jack Cunningham asks "Please contact State Senator Steve Oroho's aid Louis Crescitelli / (973) 300-0200 and thank him for investigating Jack Cunningham's New Jersey State Government corruption charges." http://www.americans-working-together.com/attorney_ethics/id73.html

 

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Navy Petty Officer Mike Monsoor
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A real David and Goliath story
Eight year corruption battle against his State Government may finally come to light...