OK for Executive Branch agencies to commit crimes

[David Farber <dave () farber net>]

Begin forwarded message:

From: Christopher Effgen <build () gci net>
Date: May 14, 2005 10:41:10 AM EDT
To: dave () farber net
Subject: OK for Executive Branch agencies to commit crimes
Reply-To: Christopher Effgen <build () gci net>


Recently the Federal Circuit Court of Appeals affirmed a ruling by  
the Merit
System Protection Board, which provides in affect that executive branch
agencies may promulgate policies that contravene criminal laws and  
duties
placed upon the President by Congress. The ruling by the MSPB and  
court will
enable agencies to take personnel actions against applicants and  
employees
who refuse to follow illegal orders and who make covered disclosures  
under
the whistleblower protection act. http://www.fedcir.gov/opinions/ 
05-3020.pdf

The acts that I attempted to prevent from taking place involved the
violation of approximately 100 Federal laws upon over 3.5 million  
people,
which include over 10 million misdemeanor and felony counts that  
occurred
while the US Census Bureau misused its privileged access to personal
information. The Census Bureau does not dispute these allegations.

The legislative branch crafted the whistleblower protection act to as a
risk/threat management tool, by providing protection to federal  
employees
and applicants, so that they could come forward and report  
allegations of
wrongdoing. Unfortunately, when someone has been subject to  
retaliation, an
executive branch agency, the OSC (which has a history of assisting  
agencies
in firing whistleblowers) investigate the allegation and an executive  
branch
judge who heard the complaint. In crafting the Whistleblower  
Protection Act
the legislative branch has handed over, to an executive branch  
agency, its
responsibility to act as a force against abuses of power by the  
executive
branch. The practical result of this approach is that the executive  
branch
is free to act lawlessly against both the people and their employees.

The whistleblower that has been denied a right to a fair hearing may  
file an
appeal with the Federal Circuit Court of Appeal, but that court has a
limited jurisdiction.

The result of this is that (like a king) senior civil service  
employees are
free to act incompetently, irresponsibly, and lawlessly. If lower level
employees complain about wrongdoing they may be fired. The whistleblower
protection act does not provide protection, because in the event that an
employee is fired all the agency has to do is to produce any  
evidence, in a
court very friendly to it, that it had a different reason to fire the  
person
anyway. In my case the MSPB ruled I was not protected by the  
Whistleblower
Protection Act because it was the policy of the agency not hire  
people who
would not engage in the act that I claimed was illegal.  The agency  
did not
dispute that its acts were illegal.

I stuck with the case for five years because I believe that the issue
involved is critical to freedom and liberty of the people the United  
States
(and indeed, all the people of the world) and as time went by other  
issues
too became a concern to me. As a result of these experiences I can say
categorically, that it is not in any federal employee's interest to  
act to
prevent harm to the people of the United States of America, that may  
be the
result of the malfeasance of their superiors. This is why no federal
employee would come forward prior to 911, and those that did come  
forward,
and enabled the 911 Commission to do its work, could be forced out by  
their
agencies.
http://www.disastercenter.com/hsp-911commission-040913.pdf

As a consequence of its policy, the Census Bureau employed  
individuals with
criminal histories (who went into the homes of the people) as
representatives of the agency, innocent people were denied  
consideration for
employment, and some arrested. At present, the FBI and the Census  
Bureau are
denying me access to information related to the alleged crimes.

For me the personal costs of doing this for the last five years have  
taken
their toll. Part of the reason that I have kept at it is because I  
wanted to
make sure that no one ever would ever have to go through what I have in
order to deliver a "disaster message."  A message that was intended to
prevent a federal agency from violating the law and causing harm to the
people of the United States.  What I realized, in the end, was that  
no one
can deliver a disaster message to the Federal government.

In the beginning, government was first formed to protect the right of  
people
to be productive.  It worked for a little while, but it was soon  
overcome,
and for thousands of generations there were only two real classes of  
people,
the conquered and the conquerors.  The founding of this nation  
brought the
original purpose of government back into the light, but the balance  
of power
necessary to maintain it has shifted.

When first I came across this problem, I remembered the words of  
Washington,
who in his farewell address wrote, the true test of a constitution is  
in one
's experience.  I have spent a number of years trying to understand what
went wrong, where our path diverged from that of the founders and  
Lincoln,
who tried to preserve it.  For over a hundred years this nation has  
diverged
from their path.  The change was gradual, not detectable by any  
generation,
and now is being compounded because we are entering into a new age, the
Digital Age.

The issue here, as it was in the beginning, is what form of  
government will
enable individuals to be most productive?  Yet, the system of law  
that the
United States now currently operates under is the system of the  
conqueror.
It does not take a prophet to foresee where this path will end.  For  
almost
all of history, humanity has lived, worked, and died under that  
bloody yolk.
How can this country hope to succeed in creating freedom and liberty in
Iraq, when here in the United States you are in the process of  
destroying
it?


Christopher Effgen
6921 Weimer
Anchorage, AK 99502





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