Old Veterans Guard Files “Motion For Dismissal”

By Robert Rosebrock

The United States Government, i.e., employees of “We the People,” have once again shown that they work for their own best interests with their fraudulent “Motion For Dismissal” of the ACLU’s lawsuit against co-Defendants VA Secretary Erick K. Shinseki and the executive director of the Los Angeles VA, Donna Beiter, for failing to uphold and enforce an 1887 Act of Congress and the legal Deed and Charitable Trust of 1888, and provide proper shelter and care for homeless Veterans. 

Their job simply calls for them to maintain a permanent National Home for disabled and disadvantaged Veterans and they have intentionally violated this entrusted duty in spite of being warned over and over by Veteran advocates, particularly the Old Veterans Guard.

For the past four months, the Department of Justice and the US Attorney’s office have consumed the full time of ten (10) Government Attorneys and scores of staff members to collaborate and fabricate a bogus Motion on behalf of the two Defendants that not only abandons their own entrusted responsibility, but abandons 20,000 homeless Veterans who have been exiled from this sacred land so that the VA can accommodate land hustlers and robber barons for personal gain.

Think about all the crime going on in this nation right now, along with the massive homeless Veteran problem, and where has the Department of Justice and US Attorney’s Office delegated their massive resources?  To defend two Defendants, (one who is already a Federal criminal – Donna Beiter), to prevent a responsible solution for ending Veteran homelessness that was already resolved 123 years ago with the Deed and Charitable Trust of 1888.

Over the past few months, the United States Government has invested millions of dollars and valuable legal resources to try and refute one “moral” sentence written in the 1888 Deed and Trust — “To locate, establish, construct, and permanently maintain a branch of said National Home for Disabled Volunteer Soldiers.”

We don’t need 10 US government attorneys or even the highly regarded ACLU team of legal scholars (who are working pro bono) to resolve this matter.

Any class of second grade school children will tell you what that sentence means, and they will tell you that any other use is simply illegal and unlawful.  And they will also tell you that anyone who claims differently is either lying or is a fraud, or both.

Bottom line, the “sentence” is as much a moral issue as it is a legal one.

For sure, this is not a political issue as its an American responsibility to care for those who have defended our Nation and we expect all members of Congress to act accordingly.

Consequently, 435 members of Congress need to march in unison to the White House and demand that President Obama issue an immediate Presidential Executive Order to evict all non-Veteran and unlawful occupants on Veterans property.

The Order needs to also call for allocating at least $2.5 billion dollars to demolish the shameful ruins at this once-revered Home and construct a new and modern Veterans Home. Correspondingly, Congress must immediately approve the funding.

If Congress and the President fail to take action before the November 14^th Hearing on the Government’s perverted “Motion,” then Fellow Veterans and Friends of Veterans must show up in mass and flood the U.S. Court Room and Federal Court House, and the streets of downtown Los Angeles, demanding that Judge Otero impose swift justice against the Department of Injustice and the co-Defendants on behalf of 20,000 disabled, disadvantaged and homeless Veterans.

Lastly, there is only one legal “Motion For Dismissal.”

Accordingly, the Old Veterans Guard is calling for President Obama to immediately dismiss Secretary Shinseki and Donna Beiter from the Department of Veterans Affairs.

Defendant Donna Beiter, along with her Chief of Police Ronald Mathis, have already been adjudicated in Federal Court by the same Judge hearing this current ACLU case (Judge James S. Otero).

In a previous ACLU lawsuit, Judge Otero rendered his decision on May 26, 2011, ruling in my favor: “Plaintiff’s First Amendment right was violated as a matter of law when Defendants committed impermissible viewpoint discrimination. Therefore, Defendants’ selective enforcement was an effort to suppress the Plaintiff’s activity due to disagreement with his view.”

In brief, the Defendants violated my Constitutional Right to Free Speech when we tried to expose the VA land fraud and abuse of homeless Veterans at our Sunday Rallies, and the same cause of action in the new ACLU lawsuit.

The Defendants were essentially trying to cover up the VA’s Federal land-fraud crimes and the abuse of homeless Veterans by committing another Federal crime to suppress the truth.

Their violating my Constitutional Right is a serious breach of Federal Statute 18 U.S.C. Section 242, a Civil Rights violation and a federal crime.

Not only did Defendants Beiter and Mathis violate my Constitutional Right, but they also violated their own Oath of Office by failing to defend the Constitution, and must be immediately terminated from public employment and prosecuted to the fullest extent of the law, which in this case calls for punishment carrying a fine or imprisonment of up to one year, or both.

General Shinseki has been asked over and over to dismiss these two Federal criminals who are still running the largest VA in the nation, but he has refused to take responsibility or action.  This is nothing shy of harboring a Federal criminal.

Now, General Shinseki is a co-Defendant with Donna Beiter in this new ACLU lawsuit.

His reckless and flagrant disregard for Federal property and homeless Veterans is nothing shy of “Dereliction of Duty” and if he were still in the Army, he would be tried before a court martial trial for these heinous crimes and stripped of his four General Stars, given a dishonorable discharge, and imprisoned.

In brief, General Shinseki has proven to be a major disappointment and an embarrassment to the men and women who have worn the Uniform and who now depended upon his loyalty to them and not to his own self-serving privileges.

For 3 ½ years, fellow Veterans have repeatedly sent him informative communications about the VA’s land misappropriation and maltreatment of disabled, disadvantaged and homeless Veterans at the largest VA in the nation, but he has completely ignored us and aligned himself with the culprits.

Now, he has allowed ten (10) US Government Attorneys and millions of taxpayers’ money to falsely defend him of the very charges we forewarned him about.

This is treasonous, and in addition to an immediate dismissal by President Obama, Mr. Shinseki needs to be tried before a Congressional Hearing and have his four General Stars permanently stripped from his record.

God Bless America and the Veterans Revolution!

Old Veterans Guard

Robert Rosebrock

U.S. Army, 1965-67, Schofield Barracks, Hqs., U.S Army, Hawaii. Director, The Veterans Revolution, Captain, the Old Veterans Guard, and Director, We the Veterans.