Kerfuffles

The Hidden Dangers of John McCain

That renowned military expert and former commander in chief of all United States Military Forces, BILL CLINTON, has surreptitiously warned us, while speaking at Aspen Colorado, that electing JOHN MCCAIN as president could be very dangerous. CLINTON implies that because JOHN MCCAIN was a Prisoner of War in Vietnam for many years, he could snap at any moment in the future and lose his temper.

HORRORS of all HORRORS! Even worse, JOHN MCCAIN could go berserk while hosting a state dinner, or even while wagging his finger at the nation on national TV. JOHN MCCAIN could become a full blown psychopath leading a nation with nukes. IMAGINE THAT? Well at least JOHN McCAIN will have an honorable excuse for his mental disturbances - he was serving his country as a young man in wartime. So what is former President BILL CLINTON’s excuse is for being a psychopath with a fiery temper? He was never anywhere near a military uniform, much less a war zone, in his youth.

Most unfortunately, the nation did not have the expertise and guidance of BILL CLINTON to keep it from electing a former POW back in the days of President “OLD HICKORY.” Without the “insane” leadership of the man who had fought for his country in two wars, including a stint where both he and his brother were taken as prisoners of war, our nation would undoubtedly be a better one today. It was President OLD HICKORY who did indeed go berserk and create “The Democrat Party.”

Bill Clinton Warns of Mental Problems of Former POWs

The First POW President

If John McCain becomes the next President of the United States, he will make history as the first veteran of the Viet Nam War to be elected. That is a big hurdle for him, as the country has already elected two Presidents from the Viet Nam War era, who never went to war at all. One President, Bill Clinton, managed to avoid even serving in the military during a time of the universal draft.

However, if John McCain is elected to the presidentcy, he will NOT be the first Prisoner of War to hold that office. We are a warrior nation, and we have already chosen a former POW to be our leader. Have you forgotten your history? If so, here’s the answer at Blogging the Revolution.

Where Will You Be On Saint Crispen’s Day?

“From now until the end of the world, we and it shall be remembered. We few, we Band of Brothers. For he who sheds his blood with me shall be my brother.” ~~ William Shakespeare in “King Henry V”
Audio of ‘ Band of Brothers’ Speech

Open your Shakespeare to Henry V, Act IV, Scene 3, where the king, at battle’s eve, rallies his “band of brothers.” The most stirring call to arms in the English language was written in 1599, in that scene when the king inspired his men, his warriors, to fight valiantly as brothers-in-arms. (Link to Audio)

The methods of warfare have evolved somewhat since that time, but the character and brotherhood of soldiers remains much the same as it was 400 years ago, in the time of William Shakespeare. Today’s war is a global war and it is not fought solely on the battlefield. The conflict we face seems different from any that we have fought before. Skills and talents are needed other than the traditional ones possessed by soldiers. In this war, civilians on the home front or abroad can be warriors for the right. We watch with our eyes and write with our computers. We can disseminate local news and we can be creative with the new technologies that are now available. This World War III is a battle where the main weaponry is information and technology and skills and ingenuity are needed in these fields. If you cannot be a soldier in a uniform, your talents are still valued. We can all be citizen soldiers as we contribute our skills toward this terrible war.

The poetry of William Shakespeare is a great legacy handed down to us from our cultural forebears. Cherish it. Read the Bard’s immortal lines about war and understand our warriors, and think about what you can do to contribute to the war effort, instead of relying upon our soldiers to do all of the fighting.

All can be soldiers, in or out of uniform. Those who heed not the call to arms today will rue the victory, as they will not be able to recount to their children and grandchildren that they fought in those long ago days and saved civilization from a dreadful darkness. When they are old men and women, today’s soldiers will say with pride that they fought evil and won a great victory.

And gentlemen in England now abed, Shall think themselves accursed they were not here, And hold their manhood’s cheap whiles any speaks, That fought with us upon Saint Crispin’s day. ~~William Shakespeare “King Henry V”

The court’s favorable ruling in this case expands significantly the government’s “duty to assist” mentally ill veterans, such as Mr. Barrett.

I posted previously about the veterans’ case, “Disabled Veterans,” argued last spring by Mr. James R. Barney, of Finnegan Henderson, Washington DC, BARRETT v. DVA. According to Mr. Barney, as of 11 October 2006, the case has been decided and it is a very good result for the veteran. Perhaps it is not such a good result for the American taxpayers, and for that they can thank former President George H.W. Bush.

The United States Court of Appeals for the Federal Circuit has reversed and remanded the Veterans Court’s decision in Barrett v. DVA, which was handled pro bono by the Finnegan Henderson Law Firm at oral argument. This is an important veterans decision that significantly and positively affects the rights of veterans who are appealing adverse decisions from the Board of Veterans Appeals. In short, Mr. Barrett was seeking to establish equitable tolling based on mental incapacity in order to preserve his appeal, which had been dismissed for failure to timely file his NOA. He asked the Veterans Administration to provide a psychiatric examination to help him establish the strict criteria for proving equitable tolling. The VA refused to provide an examination, arguing that it had no duty to assist the veteran once his case was on appeal. The veteran appealed that decision to the United States Court of Appeals for the Federal Circuit.

The ruling of the U.S. Court of Appeals for the Federal Circuit, authored by Judge MAYER, is quite broad and will likely have an immediate and beneficial impact on mentally ill veterans, of whom there are many, who find themselves caught between the non-adversarial and adversarial systems of the appeals process. The following quote sums up the ruling:

“Here Barrett specifically requested a medical examination by DVA doctors to clarify the nature of his mental incapacity during the appeals period. Because such an exam will plainly assist in clarifying his entitlement to equitable tolling, is consistent with the kinds of evidence uniquely within the knowledge and competence of the government . . ., and ensure the reality and appearance of systemic fairness, the Secretary shall provide Barrett with his requested medical examination, as well as any other assistance deemed reasonably necessary by the Veterans Court.”

That is a good result for veterans.

[UPDATE: The case cited below has been decided as of 11 October 2006: “Good News for Disabled Vets.”]

The Revolution Continues:

The United States Court of Appeals for the Federal Circuit is now posting digital recordings of oral arguments on the Court’s Internet site at www.cafc.uscourts.gov/oralarguments. The following is a link to the oral argument in the recent case entitled Barrett v. Principi, which was before the Court of Appeals for the Federal Circuit on 11 July 2006. The oral argument can be heard from the Court’s website where it is posted: http://www.cafc.uscourts.gov/AudioFiles/05-7113.mp3

The issue in this case is whether the government had a duty to assist a mentally ill Vietnam veteran who failed to file a timely notice of appeal in order to keep his disability claim alive at the Veterans’ Court. The panel of three judges included Chief Judge Michel (the highest ranking judge on the Court), former Chief Judge Mayor (a West Point graduate) and Senior Judge Friedman, (possibly the longest sitting judge on the Court).

If the court rules in favor of Mr. Barrett, the government’s “duty to assist” mentally ill veterans, such as Mr. Barrett, would henceforth be significantly expanded.

The very competent and able attorney-litigator representing Vietnam veteran Barrett, is himself a veteran of the United States Navy, Mr. James R. Barney, of Finnegan Henderson, Washington DC.