imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Whistleblower or Drug Dealer?

by Martin F. Abernathy Tuesday, Nov. 22, 2005 at 5:00 PM
abemarf59@hotmail.com Providence, RI 02903

Plaintiff Charles Schlund is suing George Bush for using high-tech TORTURE to silence him in order to prevent him from exposing *massive* high-level corruption in the U.S. government. The government claims that Charles Schlund is a drug user/dealer. Charles Schlund says that he does not use, sell or manufacture drugs. Who is telling the truth? Who is LYING? Charles Schlund's challenge to the U.S. government: TEST ME! Charles Schlund is willing to provide hair samples to be tested IN THE COURTROOM! His hair has not been cut in more than *ten* years. Any use of drugs in the last tens years could be detected. It is time for the government to put up or shut up. Are they willing to test him?

For more about Charles Schlund's lawsuit alleging high-tech TORTURE by the U.S. government to silence a whistleblower, use a good search engine to do a few searches:



"Schlund" + "torture"



"Schlund" + "Bush"



"Schlund" + "FBI"



"Schlund" + "Affidavit"



+++++++++++++++++++++++++++++++



Charles August Schlund, III

8520 North 54th Drive

Glendale, Arizona 85302

Phone 602-670-2017

Plaintiff In Pro Per



IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ARIZONA





Charles August Schlund, III, an individual

Plaintiff,




v.

George W. Bush, President of The United States of America, a Sovereign Nation; George W. Bush, an individual; Does 1-10, individuals; Does 11-20, entities,

Defendants.

)

)

)

)

)

)

)

)

)



Case No: CV-03-1590 PHX VAM



NOTICE AND MOTION FOR HAIR ANALYSIS TEST TO TEST FOR ILLEGAL DRUGS IN PLAINTIFF SCHLUND HAIR.



Charles August Schlund, III (“Plaintiff”) hereby moves the Court by his Notice of Motion for Order for hair analysis for drug use or drug association of Plaintiff Schlund to be set immediately by the Court. Plaintiff Schlund has not had his hair cut for 10 years or longer and any drug use or association would show up in Plaintiff Schlund’s hair. Plaintiff requests the analysis and testing of Plaintiff’s hair for drugs be done in Court under Court supervision and the results of the hair analysis be submitted to the Court. The grounds for the hair analysis test to take place in Court is (1) prevent the Defendants from claiming the testing procedure and its results are fabricated (2) so the immediate test results can be turned over to the Court with the chain of evidence established under the Court’s observation so the evidence can be used for evidentiary purposes in trial (3) to support Plaintiff’s position, in part, on the issues raised by his Motion For Injunctive Relief (foreclose) (4) to scientifically confirm Plaintiff is not a drug user or manufacturer or seller as Defendants’ claim and as the government has claimed to attempt to justify Defendants perpetual surveillance of Plaintiff and the use of torture (5) Defendants through their undersigned counsel have recently placed Plaintiff’s mental and/or physical condition now at issue (Defendant’s Response and Opposition to Ex-party Application and Motion for Emergency T.R.O., pages 2, and 3 (6) to stop defendants and/or the government from altering the drug test to generate fabricated evidence as the evidence to date was fabricated and/or generated by the government and submitted to the courts under perjury to frame Plaintiff as being a drug manufacturer and drug dealer to cover up Plaintiff Schlund reading the CIA, DEA and other government files and plans to fix the presidential elections of the United States and to cover up many other crimes (7) to stop the court from further being played as a fool by the corrupt government employees and agents in the governments feeding of false information and lies to the court in the framing of Plaintiff Schlund to cover up crimes by the government. (8) to establish the truth and to obtain justice and freedom (9) Defendants has placed the drug manufacturing and/or drug use issue and the Defendants present selective administrative enforcement, targeting and torture of Plaintiff for perpetual surveillance and torture as revenge based on Plaintiff’s status as a political witness and whistle blower and Plaintiff’s acquittal of the criminal allegations which were filed and prosecuted against him by the government to cover up Plaintiff Schlund reading the CIA, DEA and other files and plans to fix the presidential elections of the United States and other crimes (Plaintiff’s First Amended Complaint filed September 15, 2005, pgs. 1 – 13). A motion is made pursuant to, including, but not limited to, FRCP Rule 35(a) and Rule 83(b) [procedure when there is no controlling law].








DATED BY: ______________________






By: _____________________________




Charles August Schlund, III

In Pro Per



MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR IN COURT HAIR ANALYSIS





I. STATEMENT OF THE FACTS



On September 15, 2005 Plaintiff filed pursuant to Court Order his First Amended Complaint for Deprivation of Civil Rights through Racketeering Activities and Notice of Demand for Jury Trial. The Court is requested to take judicial notice of this fact under Federal Rules of Evidence 201 said Complaint is incorporated by this reference pursuant to FRCP Rule 10(c).

The gravaman of the facts of the Verified First Amended Complaint (“Complaint”) is that George Bush, Sr. (“Bush Senior”) in 1976 was the Director of the Central Intelligence Agency (“CIA”) and as such was under the orders of Nelsen Rockefeller (a well known public figure and extremely influential in the Federal Government’s business and a appointed “not elected” Vice President).



[It is an undisputed and well-known fact that the Rockefeller family is a controlling influence in Federal Government activities irrespective whether lower echelon federal employees accept it or not]



The “Orders” of which Bush Senior was guided and directed under the control of Nelson Rockefeller are established in government records which contain such “orders” which were removed from the Government, all of the evidence of corruption, wrong doing, crimes, and criminal acts including the detailed plans to fix the Presidential Elections of the United States. These files and documents [“evidence”] were removed from the government to conceal the information to prevent Jimmy Carter and those he would appoint to public office from accessing the information when President Gerald Ford lost the election of President of the United States. This act by Bush Senior constituted an act of treason.



The evidence contained various files, papers, documents, data, films, tape recordings, maps, log books, and other tangible items and things which were removed and were to be maintained under Bush Senior’s exclusive possession and control until the CIA could retake the presidency through an act of fixing a Presidential Election. Said evidence in its contents are generally referred to as the “Don Bolles Papers”, unless denoted otherwise. The Bolles Papers contain massive amounts of information, much of which were authenticated U.S.A. Documents related to illegal, immoral, criminal, private, corporate, and government covert operations, conducted under the highest levels of control of the CIA, DEA, NSA, Department of Justice, Federal Courts and many others.

These papers and documents listed all the political assassinations of the United States Department of Justice, drug running, fixing of the elections and other covert operations and sensitive information including all the secret research such as the designing, manufacturing, testing and use of the electronic implants now used to monitor and torture Plaintiff Schlund’s witnesses and Plaintiff Schlund in fabricated drug investigations and other fabricated investigations in the cover up of corruption in the government. These documents contained the orders to President Richard Nixon to form the DEA in 1973 as a covert operation of the CIA after Watergate to conduct investigations such as Watergate so the CIA could never be busted again doing illegal investigations. After the forming of the DEA all CIA covert investigations inside the United States were done under the cover of law using a warrant in drug investigations. This made the bugging of the Democrats and the running of the billions of dollars of drugs as sting operations legal and done under the cover of law. All investigations like Watergate would be done as drug investigations against people working for the Democratic Party and other politically targeted places and people. All Corporations could now be bugged under the cover of law in drug investigations which were seldom real such as the investigation against Plaintiff Schlund. The bugging of these corporations led to the hostile takeovers of them during the 1980’s. The formation of the DEA allowed the CIA to investigate all political witnesses and install electronic devices in their clothing or inject them with electronic implants and then torture them if necessary until they could be assassinated or imprisoned with the trials being fixed by the electronic implants. The government attempted to fix the trial of Plaintiff Schlund this way in 1978 and tortured Plaintiff Schlund while he was on the witness stand. This was the first time Plaintiff was tortured with pain and Chronic Fatigue syndrome but Plaintiff Schlund had been tortured other ways before the trial.




On or about 1977 Plaintiff Schlund was one of the individuals of a group of people who received the Don Bolles Papers and files who, along with these other individuals, read and analyzed them. This included the above-said Orders related to Bush Senior and the Bush family including the detailed plans for the fixing of the Presidential Elections. Defendant Bush carried out these plans as Plaintiff Schlund had briefed the FBI with 100% accuracy that the plans would be carried out in every detail in 1992 and 1993. Plaintiff was then injected with electronic implants and tortured to cover up the plans for the fixing of the elections of the United States. This is undeniable by the courts and Plaintiff set up everything and directed the investigation as needed as Plaintiff worked with the FBI and other agencies. This also resulted in the seizing of billions of dollars of drugs and the stopping of many murders and other crimes. Although disclosed and exposed in advance by Plaintiff Schlund it is now and undisputed historical fact Defendant Bush was appointed by the United States Supreme Court. Plaintiff Schlund briefed the FBI in 1992 and 1993 at the request of the FBI on five Supreme Court Judges and these were the five United States Supreme Court Judges that appointed George W. Bush to the presidency of the United States after the election was decided in Florida by the electoral collage as Plaintiff Schlund had briefed the FBI the plans for in 1992 and 1993. This fact is undeniable by the government and provable in trial. The Don Bolles Papers included documentation, which revealed a plan for the systematic over through of the U.S.A., specifically using the CIA and DEA now under the Department of Homeland Security following in the precise footsteps of his father, Bush Senior, working for the Rockefellers. Further, the Don Bolles Papers revealed the names of those in the Judicial System and the Courts acting under color of authority and members of Congress and the Senate, and other positions inside and outside the Government which were controlled as key positions and were obtained through the method of assassinations and the fixing of Presidential and other elections, political appointees to achieve the CIA’s goal of taking and controlling such positions in the government and private sector. The files also included detailed files of Bush Senior and the CIA’s relentless bugging of the Whitehouse, Camp David, Jimmy Carter’s home, and anyone else that could stand in their way or become a threat to their plan as set forth in the Bolles Papers at some time in the future, which currently includes Plaintiff and anyone closely associated with him. In fact, the Don Bolles Papers revealed the CIA monitored [everyone of interest] in the government from Congress to the President, and even the Justices of the United States Supreme Court. In fact, the Don Bolles Papers were the files and records on the operational activities including the bugging of everyone that the CIA, Rockefeller family, Bush family, or others considered a threat to their plans and joint operations, specifically. After exiting the United States Marine Corps with the status of Honorably Discharged under Honorable Conditions Plaintiff Schlund found himself solicited and slowly becoming a part of those operational activities to achieve the above-said goal. For moral reasons he disconnected and got out.




As Plaintiff retreated based on moral grounds from the said individuals who are the kingpin of the operation to systematically control and over through the United States and plunder its Treasury Plaintiff became a whistle blower against the said activities and individuals for the last 28 years. This included Defendant Bush as an individual and a son in the Bush family and prior to commandeering and after the fixing of the Presidential Elections which included the illegal activities of his Bush brother in Florida and Defendant Bush’s appointment to the key position of President of the United States by the Supreme Court of the United States. This is all based on Plaintiff Schlund’s personal knowledge which has been constantly disclosed over the last 28 years during such time projecting the systematic activities of the Defendants and others related and connected to them to achieve those purposes. This included the creation and fabrication of investigations which were and still are authorized by the Court and conducted under the color of authority and warrant. Some of the warrants were issued on the claims the government is protecting certain people form terrorist or kidnappers or those who are alleged to fit the “profile” then resulting in the framing of said individuals claiming their involved in drugs or other alleged criminal activity to continue the perpetuation of surveillance and assassinate some of these people. The perpetuation of the surveillance is always an ongoing activity which is ceaseless and unlimited and involves attorneys, judges, other politicians, and anyone else who might be a threat to Defendant’s organization. A threat be a “whistle blower” or “litigant” “business threat” or otherwise would penetrate and disclose Defendant’s Corruption and criminal activity. As technology advanced Defendant’s used wireless telemetry and integrated electronic products, including implants to invade the privacy of any person(s), including Plaintiff and used such technology and products(s) to perpetually invade the privacy, harass and torture including Plaintiff, his family and those associated to him. In fact Plaintiff Schlund’s landlord Robert Walker just committed suicide claiming that the government was after him and torturing him and he shot himself in the head to escape being further tortured by the government. This crime by the government in an investigation and attempt to tie Plaintiff Schlund into some conspiracy or crime was an act of murder by Defendant Bush and those under his direction and control. All people Plaintiff Schlund associates with or know are targeted by the government as the government try’s to gain some real evidence against Plaintiff Schlund when none exist; this has continued every day for 28 years. Plaintiff Schlund’s electronic expert at R&D electronics had to have a pace maker installed because of the government torture of him resulting in an irregular heart beat caused by the implants installed in him. His Doctor wants him in the hospital at the present time. The implants the government installed in him are presently murdering him as they are murdering Plaintiff Schlund and great numbers of American citizens. Plaintiff Schlund’s ex-business partner Harold Elston had to have his joints replaced because of the implants in him and his wife also had to have her joints replaced as Plaintiff Schlund will have to do in the future from the effects of the implants and the torture of his joints. Harold Elston can not even speak to Plaintiff or the government attacks him as is true with all of Plaintiff Schlund’s witnesses in the Defendants cover up of the fixing of the Presidential elections of the United States. The torture and the resulting injuries are true with anyone that comes in contact with Plaintiff Schlund. Any girl that is attracted to Plaintiff Schlund is injected and tortured and this is even true if Plaintiff Schlund just simply gives the girl a ride home and does not even know her name.



The Paranoia of the Defendants is overwhelming resulting in many deaths or injuries in investigations against them as the government try’s to remove Plaintiff Schlund as a political witness to the fixing of the presidential elections of the United States. Plaintiff Schlund can supply the court with as many witnesses as the court requires on the issue of torture with the implants and can supply witnesses by the thousands or more if necessary. Plaintiff Schlund can also supply many witnesses that he had and read the Don Bolles Papers even after most of the witnesses have been assassinated by the government.




The personal knowledge of Plaintiff Schlund of the records and files of the Don Bolles Papers listed the people who were political witnesses, like Plaintiff Schlund, that could be possibly witnesses against corrupt and evil judges as well. In each file was who the CIA, DEA or others were to assassinate and who was to be harassed, committed as insane, persecuted, imprisoned, tortured, or given different illnesses or conditions to remove them as potential witnesses. In short, Obstruction of Justice and Witness Tampering. The Bush Family could appoint corrupt and evil people to the Federal or State Bench pretending they were Christians and moral people with all the witnesses against them being dead or discredited, committed and/or imprisoned. A primary and key tactic was to advance people directly out of the Department of Justice, including attorneys working and assigned with the DEA having internal access and, understanding and experience of activities constituting racketeering but disguised under the color of authority and/or office painted such to clear such individuals of their history of corruption for appointment to the Federal bench. The subject and profile targets (whistle blowers such as Schlund) would immediately be casted under the pretext of being a drug manufacturer or seller of drugs placed under perpetual surveillance and file built against the person affording to set them up for destruction, assassination, mental facility or jail. Or, the “subject target” would be placed under perpetual surveillance after select “implants” were injected into the body of the person for purposes of perpetual surveillance, harassment, torture and utter violation of the person’s Human Rights, Constitutional Rights including the right to privacy. This is done through the injection of the implant into the body through such means. The implication of one of the operational methods of insertion of the implant through the use of injection places Defendants in a position of having to destroy and reverse the United States Supreme Court case of Roe v. Wade, 401 U.S. 113 (1973). Defendant Bush with others intentionally has entered into illegal agreement as an individual who then became Governor who then became President through the racketeering activities agreeing to violate the United States Constitutionally protected right to privacy with the agreement to authorize implants and to do everything to overturn the case: Roe v. Wade as part of the corrupt plan, scheme, and design to deprive Plaintiff and others of their Constitutional rights to privacy through the implanting methodology.



[This Court needs to understand that the layman description of the operational activities and implant methodology is not being precisely disclosed or identified by operations name or category but as general description at this junction. Plaintiff’s experts and witnesses will present the business and scientific side of the exact nature, type, software, facilities and other precise information through video and other presentation to make it easy for the Court and a Jury to understand whose involve and how it works. By the way, there are other methods of installing the implants.]



In 1992 and 1993 Plaintiff briefed the FBI on Bush Senior and Nelson Rockefeller’s and others plans to

overturn, impart, Roe v. Wade. The Roe v. Wade case decision was totally unexpected and a threat to their

empire. In part the honorable Supreme Court Justice Blackmun who expressed the views of seven members of the

Court held that the right to privacy encompasses a woman’s decision whether or not to terminate her pregnancy.

Justice Rehnquist who was appointed by Richard Nixon aggressively dissented arguably upholding the Texas

statutes under attack. Interestingly, the case notes the “influences of recent attitudinal changes of

advancing medical knowledge and techniques and of new thinking about an old issue”.

This way of thinking is exactly the same way of thinking concerning “implant technology”. The United States Justice Department had briefed George Bush Senior and Nelson Rockefeller that Roe v. Wade could be interpreted as a Human Rights ruling giving the people (not just females) the right to their own bodies on privacy grounds. If American citizens had a right to their own bodies based on privacy grounds then the use wireless telemetry and integrated implant technology, forcibly or covertly installed, would be illegal. Bush Senior and now Defendant Bush individually and/or in his capacity as the appointed President of the United States and the United States Department of Justice firmly believed that the ruling of Roe v. Wade could be successfully used in court to create case law that could make the government’s use of wireless telemetry and integrated implant product(s) illegal subjecting the individuals and the government using and engaging in such activities to violate the rights of privacy could be held liable in damages and subject to the procedural restrictions including injunction through the courts to deter or stop them from violating people’s rights. Implants are one of the greatest threats to the American people and are part of the systematic over through of the Government and the plundering of the Treasury – illegal use of public funds under the color of authority and/or office and liability for their racketeering activities depriving people of their rights such as Plaintiff Schlund. Bush Senior and now Defendant Bush does not wish to stop abortion but to make an exception to the Roe v. Wade ruling so that implants could be legally used against political witnesses and dissidents such as Plaintiff so corrupt public officials and judges could be protected using the cover of investigations which would include the use of wireless telemetry and integrated implant product(s) to monitor, harass, persecute, torture, murder political witnesses under the cover of law and most importantly, perpetually invade people’s privacy.



[The analogy is somewhat similar to the concept pushed in the movie the Wizard of Oz. You have lesser endowed

human beings who stand behind a curtain working technology wireless and otherwise to manipulate, influence, brain wash and use of propaganda to harass and punish the citizens the Oz in hopes of keeping them under control. Unfortunately, as in here Murphy’ Law may set in and the men behind the curtain – no doubt, are going to be exposed, sued and possibly jailed.]




Plaintiff Schlund has set forth in his Complaint that in order for Defendant’s to succeed in perpetuating the accomplishment of the collective Bush’s obligation in schemes, plans, and in efforts to over through the United States Government and plunder the Treasury, part of the systematic plan would absolutely require the modification or elimination of the United States Supreme Court decision Roe v. Wade. To eliminate this decision achieves the result of eliminating the inalienable [right] or a person’s [right] to personal privacy and all other connect to privacies and privileges (i.e., attorney/client, physician/patient, penchant/clergy, spousal privileges and the like) as well. Such is being accomplished on Plaintiff Schlund by systematic use of electronic wireless telemetry intrusions and integrated implant product(s). The same schemes allow George W. Bush to appear to be a Christian gaining him votes and support as a Christian as he makes wars and plunders the treasury of the United States.



Interestingly, Bush’s new appointees to the United States Supreme Court are under the most aggressive and horrific political attack almost solely because of their opinions and position on Roe v. Wade. The recent attacks by Defendant Bush’s Administration on Roe v. Wade have been repeatedly thwarted so far but the attacks will continue just as Plaintiff Schlund projected over 28 years ago and briefed the FBI on the detailed plans in 1992 to overturn THIS IMPORTAND Human Rights ruling. Because of his projection and his personal possession and knowledge of the Don Bolles Papers and large amounts of other information Defendant and the Government will continue to assert Plaintiff is committing some sort of criminal activity when none exist (First it started as a drug case he was acquitted because of the governments perjury in trial and the Government lost on Appeal to the Ninth Circuit) forcing them to achieve the same goal through a different fabrication and the investigation has blossomed to those connected to him throughout the years in exercise of his freedom of association guaranteed under the United States Constitution while being violated through destruction of his rights to privacy through illegal racketeering activities under the pretext of color of authority and/or office. His knowledge of the activities is personal and his rights to pursue the deprivation of his rights are legitimate.






The Motion for an Order of Hair Analysis under Court Supervision is legitimate and the analysis will prove Plaintiff has not used or been in contact with any illegal drugs. All such evidence that Plaintiff is involved in drugs has been fabricated by the government to cover up the fixing of the presidential elections of the United States and other crimes.



II. ARGUMENT.




FRCP Rule 35 [physical and mental examinations of persons] in pertinent part provides that when the mental or physical condition of a party or a person in the custody or under the legal control of a party is in controversy the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person and the parties custody or legal control. Defendant Bush has placed the mental and physical condition of Plaintiff who is under his custody and/or control in controversy and Plaintiff has placed Defendant’s mental condition in controversy in his action pending before the Court. As to Defendant’s see Federal Defendant’s Response In Opposition To E-Party Application and Motion For Emergency T.R.O. (“Federal Opposition”) pages 2 and 3, footnote 1. As to Plaintiff see First Amended Complaint pages 1 through 14 and Plaintiff’s Motion For Restraining Order pages 1 through 27 and Affidavit of Plaintiff Schlund incorporated therein. As set forth in both of the Motions in the First Amended Complaint which are “Verified” pleadings such constitute an Affidavit and carry the force of evidence unlike Defendant’s, undersigned counsel’s ipse dixit statements which are not evidence. FRCP 35(b) [Report of Examiner} requires the information be delivered to the other party as well as the Court so the Court may take its own independent investigation of the matter, including laymen and expert testimony concerning the testing results as well. F.R.E 701, 702, 703, 704 and 705. And, the Court may on its own Motion or on the Motion of Plaintiff enter an Order to Show Cause why the Expert Witnesses should not be appointed on this critical issue of maximum public importance concerning Defendant and Government’s use of wireless telemetry technology and integrated implant product(s) to invade the privacy of Plaintiff in a perpetual and boundry-less manner violating the United States Constitution and Federal Statutes under the pretext of a purported criminal investigation or “threat” to the Defendant and/or the Government. The initial justification was drug-related now it’s threat-related. This is an undisputed material and relevant fact which can easily be proved and Defendant knows this true because of Plaintiff’s personal knowledge of the racketeering activities of Defendants.




Under FRCP the Court will order an examination “for good cause shown”. Schlagenhuv v. Holder, 379 U.S. 104, 85 S.Ct. 234 (1964) [describing “good cause” as a determination that must be made on a case-by-case basis; and under Johnson v. City of Ecorse, 137 F.Supp. 2d 886, 894 (E.D. Mich. 2001) [“a demonstration of good cause requires initially, that the desired information cannot be obtained by other means.”]. The requirement of good cause is not a formality. The Court must genuinely balance the need for the information with the right to privacy and safety of the party. Schlagenhuv v. Holder and Houghton v. M.F. Fishing, Inc., 198 F.R.D. 666 (S.D. Cal. 2001). Moreover, in a tort action like a civil rights action where Plaintiff Schlund seeks to recover for personal injuries, good cause will almost always be found to exist. Nyfield v. Virginia Islands Telephone Corp., 2001 W.L. 378858 (D. Virgin Islands 2001). Although it becomes less clear when the party has not put the parties own mental or physical condition at issue such is not the case here as set forth above. Ali v. Wang Labs., Inc., 162 F.R.D. 165(M.) d. Fla. 1995).






Time limit for filing the Motion: None.




In Cauley v. Ingram Micro, Inc., 216 F.R.D. 241(W.D.N.Y. 2003) in order for examination under F.R.C.P. Rule 35 was granted when there was at issue a claim of severe emotional harm justifying an examination. Here, Plaintiff Schlund has alleged the protectoral basis for the perpetual invasion of his privacy and torture of him is based on, among other things, he is a drug manufacturer and seller of drugs. This justifies the granting of his request to be tested before the Court to dispute Defendant’s pretext, in part, justifying the perpetual invasion of his privacy through electronic means. Gattegno v. Price Waterhouse Coopers, LLP, 204 F.R.D. 228, 231-33 (201) [describing a good cause test when emotional distress or injury is claimed to have occurred]. Plaintiff Schlund has submitted to this Court undisputed medical evidence of diagnostic evaluations concerning the implant and Verified Affidavits under penalty of perjury confirming his payment of the medical diagnostic evaluations and the facts his prognosis is guarded in the doctor’s opinion. Other expert opinions submitted to this Court in support of his Motion for Injunctive Relief include confirmation that it is more probably than not he has been injected into his body a wireless implant product(s) which integrates with wireless telemetry used to invade his privacy and physically torture Plaintiff.



[Plaintiff is not a medical doctor. He uses the word “injection” as a layman. Injection means literally the state of being injected supporting the concept of something being forced into the body whether a sub-epidural placement or intra-muscular placement or specific nerve placement. There are various types of known injection techniques and categories: The “injection jet” is a technique of injecting medicines and vaccines and other items and things through the skin without puncturing it. This is done by the use of nozzles which inject a fine spray of liquid at such speed as to penetrate the skin. The skin is essentially not harmed and the procedure is essentially harmless. It is used for immunizing a great number of persons and economically.

The trade name is called Hypo-Spray for the device used in such procedures and initially designed and used for the United States Military. The “Z-track” is an injection technique in which after a needle or laser is through the dermis it is moved in a “Z” fashion after passing the upper layer of the skin to make it difficult for any injected fluid or the implant to seep back out. Laser is an acronym for “Light Amplification By Stimulated Emission of Radiation”. A simple device that emits intense heat and power at close range, a tool used in surgery and in diagnosis. This instrument converts various frequencies of light into one beam of wave length radiation. Needless to say, there are now many types of lasers which do damage the skin in a controlled manner which is visual to the eye. After the transmission or injection transmission of the item or thing the thermal burn area of the skin heals very quickly and is essentially no larger than the tip of a pen. This is all done in a similar manner as laser surgery from a remote location which is widely known and presently being used “in the field” and can easily be substantiated and proven. “To diagnose” is to determine the cause and nature of a pathological condition or establish an issue related to saying a person has or is believed to have. It is a use of scientific and skillful methods to establish the cause and nature of the person’s complaints. It involves signs and symptoms present, laboratory data, special tests such as x-rays, CAT scans, electrocardiograms, etc. The value of establishing a diagnosis is to provide a logical basis for treatment, prognosis and as here proof the Court relative to the Injunctive Relief Order and Plaintiff’s claim set forth in his Verified Complaint of his personal knowledge of Defendant’s activities he was once involved in. In the Don Bolles Papers injections were done by needles into the neck and ears of the targeted witnesses resulting in their torture and eventual deaths.]



The advancements in neural-implant technology in these regards have been leaking from the scientific community forcing disclosure of military operational use of it and quasi-military operational use “in field operations”. In fact, diagnostic examinations are recompensable and subject to expert examination on issues of the nature, type and degree where there is no actual injury visible. See, All Children, Inc., v. Lockheed Aircraft Corp., 746 F.2d 816 (1984). In the Lockheed case the Court held specifically that “diagnostic examinations” are designed to discover whether a claimant has been injured or the extent or nature, degree and type of the injury and it is absolutely recompensable. Even if the injuries are not found, the Court can order the Defendant to pay for the diagnostic treatment as a medical expense incurred by the claimant. The Court based its decision on the Restatement Second of Torts, Sec. 7 which defines “injury” as the invasion of a legally protected interest of another. The Court made a specific finding that undergoing a diagnostic examination is itself an injury which is compensable. It also helps facilitate settlement relieving the usually congestion created by litigation. Further, in the United States Supreme Court case of Bigelow v. R.K.O. Radio Pictures, Inc., 327, U. S. 251, at p. 265, 66 Ct. 574, at p. 580, 90 L.Ed. 652, the Supreme Court said,




“The most elementary conceptions of justice and public policy require that the wrongdoer shall bear the risk of the uncertainty which his wrong has created.”




“A reasonable basis for computation and the best evidence obtainable under the circumstances of the case and which will enable the trier of fact to arrive at a fairly a proximal estimate of the loss is sufficient.”

In the case before the bench, Plaintiff’s FRCP Rule 35 Motion will allow Plaintiff to substantiate the pretextual basis for the Defendant’s unlimited surveillance in time and place perpetually invading his privacy demands expert proof and diagnostic examinations to be submitted to the Court to permanently terminate any of Defendant’s intentional fraud before the court. It also would justify to the Court granting Plaintiff’s Motion for Injunctive Relief to stop the invasion of his privacy or at best vigorously deter Defendant from using electronic wireless telemetry and integrated electronic implant product(s) or electronic devices in Plaintiff bedding or clothing or glued to Plaintiff or other places that the devices could be used for torture and for the purpose of illegitimately violating people’s rights under the pretext of authority and/or color of office. Or for other bullshit reasons. It will also serve the most elementary conceptions of justice in public policy that the Defendant should bear the risk of the uncertainly which his wrongs have created (here it will no doubt result in massive class action litigation in liability and damages for the injuries for the caused and the deprivation of people’s civil rights for which the law provides a remedy) which will facilitate settlement and thereby relieve the usual congestion created by litigation as Defendant so aptly notes. See Federal Opposition supra. The court will recall that in Schlagenhuv v. Holder, supra. The good cause for the granting of the motion is a determination that must be made on a “case-by-case basis” and is justified when the desired information “cannot be obtained by other means”. Plaintiff has intentionally put own mental or physical condition at issue and Defendant has likewise placed Plaintiff and his own mental condition at issue as well justifying the court granting the motion. It also clearly justifies expert testimony which this court can grant contemporaneously with the motion as stated above. These examinations are available in all civil actions in Federal Court. Caban v. 600 E. 21st Street Co., 2001 F.R.D. 176 (2001).




Finally, this Court may regulate proceedings before it as it sees fit, so long as the court’s rules are consistent with federal law, the Federal Rules even though may slightly deviate in its reasoning or purpose to grant the motion. F.R.C.P. Rule 83(b) [Procedure Win There Is No Controlling Law]. And any local rule imposing a requirement of form shall not be enforced in a manner that causes a party to lose rights. F.R.C.P. Rule 83(a)(2). Amnesty America v. Town of West Hartford, 288 F.3d 467 (2nd Cir. 2002).




THEREFORE, Plaintiff’s Motion For An Order for Testing of his hair under in court supervision would be a fair and reasonable initial procedure to disprove Defendant’s pretext for the use of wireless telemetry and integrated electronic implant product(s) an issue both parties have placed before the Court. It serves the interests of public policy as denoted above.




PROTEST





THE GOVERNMNET HORRIBLY TORTURED PLANTIFF SCHLUND IN THE CORRECTION OF THE FACTS IN THIS MOTION AND DEPRIVED PLAINTIFF OF SLEEP TRYING TO STOP PLAINTIFF SCHLUND FROM CORRECTING THIS MOTION TO FINAL FOR THE COURT. ON THE LAST DAY THE TORTURE WAS REDUCED AS LONG AS PLAINTIFF SCHLUND WAS IN THE COMPUTER ROOM MAKING THE FINAL CORRECTIONS AFTER THE GOVERNMNET REALIZED THAT THEY COULD NOT STOP THE MOTION. THE TORTURE OF PLAINTIFF SCHLUND WAS DRAMATICALLY INCREASED AS SOON AS PLAINTIFF SCHLUND WROTE THIS PROTEST.





CONCLUSION




Based upon the above-said, Plaintiff’s Motion should be granted.

/ / /

/ / /



/ / /



CERTIFICATE OF SERVICE



I hereby certify that on ________________, 2005, I served the attached Motion for a Court Order for an in court hair analysis by mail on the Defendant as follows:



Richard G. Patrick

Assistant U.S. Attorney

UNITED STATES ATTORNEY'S OFFICE

DISTRICT OF ARIZONA

Two Renaissance Square

40 North Central Avenue, Suite 1200

Phoenix Arizona 85004-4408

Phone: (602) 514-7500 ~ Fax: (602) 515-7760



ORIGINAL hand-delivered this



______ day of November, 2005 to:



Clerk of the Court

U.S. District Court of Arizona

401 West Washington Street

Phoenix, Arizona 85009

COPIES of the foregoing mailed to:

The Honorable Virginia A. Mathis

United District Court

Sandra Day O’Connor

United States Court House, Suite 130

401 West Washington Street, S.P.C. 1

Phoenix, Arizona 85003-2118



By: ____________________________

Report this post as:

Local News

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Join The Protest Rally in Glendale on April 10, 2018! M29 6:38PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

Resolution of the Rent Strike in Boyle Heights M01 6:28PM

What Big Brother Knows About You and What You Can Do About It M01 3:30PM

Step Up As LAPD Chief Charlie Beck Steps Down F14 2:44PM

Our House Grief Support Center Hosts 9th Annual Run For Hope, April 29 F13 12:51PM

Don’t let this LA County Probation Department overhaul proposal sit on the shelf F13 11:04AM

Echo Park Residents Sue LA Over Controversial Development F12 8:51AM

Former Signal Hill police officer pleads guilty in road-rage incident in Irvine F09 10:25PM

Calif. Police Accused of 'Collusion' With Neo-Nazis After Release of Court Documents F09 7:14PM

Center for the Study of Political Graphics exhibit on Police Abuse posters F07 9:50AM

City Agrees to Settle Lawsuit Claiming Pasadena Police Officer Had His Sister Falsely Arre F04 3:17PM

Professor's Study Highlights Health Risks of Urban Oil Drilling F04 12:42PM

Claims paid involving Pasadena Police Department 2014 to present F04 10:52AM

Pasadenans - get your license plate reader records from police F03 11:11PM

LA Times Homicide Report F03 1:57PM

More Local News...

Other/Breaking News

Biodiversité ou la nature privatisée A20 11:22AM

The Market is a Universal Totalitarian Religion A20 7:14AM

Book Available about Hispanics and US Civil War by National Park Service A19 5:52PM

The Shortwave Report 04/20/18 Listen Globally! A19 4:01PM

The Republican 'Prolife' Party Is the Party of War, Execution, and Bear Cub Murder A19 11:48AM

Neurogenèse involutive A18 9:21AM

Paraphysique de la dictature étatique A16 10:13AM

Book Review: "The New Bonapartists" A16 3:45AM

The West Must Take the First Steps to Russia A14 12:25PM

Théorie générale de la révolution ou hommage à feu Mikhaïl Bakounine A14 3:30AM

The Shortwave Report 04/13/18 Listen Globally! A12 3:50PM

“Lost in a Dream” Singing Competition Winner to Be Chosen on April 15 for ,000 Prize! A12 3:48PM

The World Dependent on Central Banks A12 4:43AM

Ohio Governor Race: Dennis Kucinich & Richard Cordray Run Against Mike DeWine A11 9:40PM

March 2018 Honduras Coup Again Update A10 10:52PM

Apologie du zadisme insurrectionnel A10 3:33PM

ICE contract with license plate reader company A10 1:14PM

Palimpseste sisyphéen A09 11:23PM

Black Portraiture(S) IV: The Color of Silence...Cuba No...Cambridge Yes A09 5:32AM

Prohibiting Micro-Second Betting on the Exchanges A09 4:18AM

Prosecutors treat Muslims harsher than non-Muslims for the same crimes A08 10:33PM

Amy Goodman interview on cell phone safety A08 10:29PM

Mesa, Arizona police officer kills unarmed white man A08 9:50PM

Israeli leaders should be prosecuted for war crimes A08 9:48PM

Paraphysique de l'autorité A08 12:11AM

Two Podcasts on fbi corruption A06 10:13PM

Fbi assassins assault & try to kill DAVID ATKINS A06 7:29PM

EPA Head Scott Pruitt: Of Cages And Sirens A06 2:15PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy