by Robert Rosebrock
LOS ANGELES – U.S. Senator Dianne Feinstein (D-CA) continues to violate her public trust which has already linked her to the misappropriation of Federal VA property that rewards her wealthy and powerful friends while punishing war-injured and impoverished homeless Veterans.
Now, the Senator has rewarded a U.S. Attorney who waged war against the landmark ACLU lawsuit that exposed what Veteran activists have known and openly protested over the past six years, that the VA is dealing in illegal real estate contracts.
Correspondingly, Senator Feinstein has submitted a Federal District Judgeship recommendation to President Barack Obama on behalf of Andre Birotte Jr., the U.S. Attorney who defiantly fought the ACLU lawsuit that was filed against his clients, VA Secretary Eric K. Shinseki and Los Angeles VA executive director Donna M. Beiter, for the misuse of Federal VA property.
This sacred land was exclusively deeded and entrusted to the U.S. government in 1888 for the sole purpose of establishing and permanently maintaining a National Soldier’s Home for war-injured and needy Veterans.
Nevertheless, Mr. Birotte aggressively fought the ACLU lawsuit on behalf of his VA Defendants and against the Plaintiffs, Vietnam Veterans of America and homeless Veterans.
On August 29, 2013, U.S. District Judge S. James Otero legally confirmed what had already become common knowledge when he entered a Federal Judgment against Mr. Birotte’s clients for engaging in nine illegal real estate dealings at the Los Angeles VA that involved third-party non-Veteran entities.
To compound these duplicitous acts of ingratitude and disrespect toward disabled homeless Veterans, Mr. Birotte, who is not a Veteran, irreverently appealed the Federal Judgment on behalf of his VA Defendants and at the added expense of the American Taxpayer and the prolonged misery and suffering of tens of thousands of homeless Veterans in Los Angeles.
By the VA’s own admission, nearly half of all homeless Veterans today — 47% — are from the Vietnam War era that ended nearly 40 years ago.
John Rowan, National President of Plaintiff Vietnam Veterans of America (VVA), added an even more sobering reminder: “Today, there are more homeless Veterans from the Vietnam War era than were killed during the war. These Veterans are elderly, frail and in declining health and are being forced to live in deplorable circumstances. Make no mistake; VVA is fully committed to ending these inhumane living conditions by ensuring that our fellow Veterans get the quality housing and care they need and deserve.”
U.S. Attorney Birotte’s vindictive appeal of the Federal Judgment is morally and legally indefensible as Judge Otero unequivocally ruled that the VA Defendants had violated the “clear and unambiguous” language of the law in all nine illegal real estate dealings.
Correspondingly, Senator Feinstein, who is not a Veteran, is directly linked to at least two of the nine illegal contracts.
One of the unlawful contracts is with her affluent and influential friends in a neighboring community adjacent to the VA property, who manipulated a 30-year agreement to build a public park on Veterans’ property “for the enjoyment of the entire community,” while tens of thousands of disabled and disadvantaged Veterans have been exiled and forced into inhumane conditions of homelessness, misery and suffering.
Another of the illegal real estate deals involves Senator Feinstein’s husband who is a member of the University of California’s Board of Regents, which negotiated a real estate deal with the VA bureaucrats to lease a hundred-million dollar parcel of Veterans land “dirt cheap” for UCLA’s state-of-the-art baseball stadium.
This misappropriated Federal VA property is in U.S. Representative Henry A. Waxman’s (D-Beverly Hills) 33rd Congressional District.
Congressman Waxman is not a Veteran of our Armed Forces, but he is an alumni of UCLA. Do you want to go out on a limb and guess where his loyalty is?
Meanwhile, Los Angeles is our nation’s capital for homeless Veterans and instead of building new quality housing on this land to care for our war-injured and destitute Veterans, it has been corruptly leased to non-Veteran entities for non-Veteran use.
As anticipated, the hard-fought lawsuit against the VA was won by the ACLU’s stellar team of attorneys that comprise some of our nation’s most prestigious law firms and top legal scholars.
With the irony of poetic and military justice, U.S. Attorney Birotte and his team of government attorneys were soundly defeated in their hostile war against Vietnam Veterans of American and disabled homeless Veterans.
Even though U.S. Attorney Birotte and his courtroom warriors were fairly and squarely beaten on the battlefield of the California Central District Court, he has unforgivably appealed the Judgment and continues to wage war against Plaintiffs Vietnam Veterans of America and homeless Veterans by instigating a new battle in the United States Court of Appeals for the Ninth Circuit.
As though this isn’t sinister and despicable enough, Senator Feinstein has recommended Mr. Birotte for a Federal Judgeship in the California Central District Court.
Fellow Americans, this is “cesspool cronyism” at its very worst because it doesn’t get any lower or disgusting, nor has the stench of political payback ever stunk any fouler.
The Senator’s Judgeship recommendation makes a mockery of the American Judicial system and is a sacrilegious assault against the very men and women who pledged their lives to defend our US. Constitution and the safety of our Nation.
Let there be no misunderstanding: Senator Feinstein’s Judgeship recommendation was reinforced and solidified after Mr. Birotte proved his loyalty to the Defendants and the illegal occupiers by appealing the Federal Judgment.
In sum, this Judgeship recommendation is political payback for Mr. Birotte’s determined and loyal commitment to defend the illegal real estate contracts that were manipulated behind closed doors between the VA bureaucrats and influential non-Veteran entities.
More than a century ago, Teddy Roosevelt forewarned of this kind of insidious conduct: “Behind the ostensible government sit enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people.”
To underscore Mr. Birotte’s own bias and selective enforcement of the law, he fought against the Los Angeles County Sheriff’s Department Jail system, claiming mistreatment of incarcerated prisoners who already have a roof over their head, a warm bed and shower, three hot meals a day, television, recreation, etc.
On the other hand, Mr. Birotte fought against disabled and disadvantaged Veterans and the misuse of their deeded property by bowing to the dictates of Senator Feinstein who bows to the dictates of her rich and powerful cronies while thousands of war-injured Veterans have been exiled and forced to live alone, homeless and hungry in back-alley squalor.
What’s taking place on Senator Feinstein’s “watch,” is the biggest land-fraud scandal in American history that transformed into some of the most heinous crimes against humanity on American soil … against disabled homeless Veterans who have been inhumanely neglected, tormented and persecuted.
Senator Feinstein crowned this International disgrace with one of the most traitorous and scandalous recommendations for a Federal District Judgeship in American history … on behalf of a U.S. Attorney who shamefully wages war against disabled homeless Veterans who pledged their lives to defend our US. Constitution and the American way of life.
Summary of abuse of power, breach of public trust and cronyism:
- On March 3, 1888, John P. Jones and Arcadia B. de Baker agreed to deed 600 acres of land in West Los Angeles to the U.S. government for the sole purpose of establishing and maintaining a National Soldier’s Home for war-injured and needy veterans to be housed and cared for on this hallowed property.
- Today, there’s 388 acres left and no semblance of housing and care commensurate with the founding principles enshrined in the Congressional Act of 1887 and the legal Deed of 1888, because the VA has been illegally leasing this land and facilities to non-veteran entities for non-veteran use, even though Los Angeles is our nation’s capital for homeless Veterans and President Barack Obama has promised to end all Veteran homelessness by 2015.
- This Federal VA property is situated in the 33rd Congressional District of U.S. Representative Henry Waxman and it’s his fiduciary duty and responsibility to oversee and protect this national sacred trust, along with the entrusted stewardship of California’s U.S. Senators, Dianne Feinstein and Barbara Boxer.
- One of the illegal contracts the VA has with non-Veteran entities is Veterans Park Conservancy (VPC), which is not a Veterans organization but a wealthy and powerful homeowner group situated adjacent to the VA property.
- For nearly two decades, Senator Feinstein and Congressman Waxman have been listed as “Federal Government Supporters” on VPC’s website.
- In May, 2007, three months before VPC signed an unprecedented arrangement for a public park on Veterans property, Senator Feinstein violated her public trust by aiding and abetting on behalf of the wealthy homeowner group at the expense of disabled homeless Veterans.
- On August 24, 2007, VPC was awarded a 30-year agreement to build a public park on a 16-acre parcel of Veterans property estimated to be worth more than a billion-dollars, and the homeowner group got it “rent-free.”
- Soon after the agreement was consummated, Sue Young, the executive director and founder of VPC, boasted in the ‘Brentwood News’ that “This [public park] arrangement was unprecedented as it required lengthy discussions and compromises with Veterans Administration in Los Angeles and Washington. The agreement also called for approvals at the highest levels, i.e., Secretary Nicholson, and the involvement of the Congressional delegation.”
- In 2009, Senator Feinstein recommended Andre` Birotte, Jr., for U.S. Attorney and the top federal law enforcement officer in the Central District of California. He was confirmed by the U.S. Senate in February, 2010.
- On June 12, 2010, the ‘Los Angeles Times’ featured an article titled “U.S. Attorney to Target Corruption” and it was about Andre` Birotte, Jr. who proclaimed that he was “creating a specialized unit to prosecute public corruption, such as those involving politicians or police officers accused of crimes.”
- U.S. Attorney Birotte further promised “to bring to justice those public officials and public employees who violate the public trust.”
- One year later, on June 8, 2011, the American Civil Liberties Union of Southern California (ACLU), joined by a stellar legal team with Vietnam Veterans of America and homeless Veterans as Plaintiffs, filed a landmark lawsuit against federally employed public officials — VA Secretary Eric Shinseki and Los Angeles VA director Donna Beiter — for the misuse of Veterans land.
- Three months later, on September 8, 2011, U.S. District Judge S. James Otero held a Hearing between the Plaintiff’s and Defendant’s attorneys and stressed the case’s importance for needy veterans, and that it could justify some departure from the precedent.
- Judge Otero forewarned U.S. Attorney Birotte’s and his staff of deputy attorneys: “I’m not going to let the federal government hide behind bureaucracy.”
- Disregarding and disrespecting a Federal Judge’s directive, and total disregard for disabled and needy Veterans, U.S. Attorney Birotte filed a Motion to have the ACLU lawsuit dismissed.
- When Judge Otero denied the Motion, Mr. Birotte and his extensive staff of deputy attorneys shamefully waged war against the Plaintiffs, Vietnam Veterans of America and disabled homeless Veterans.
- On August 29, 2013, Judge Otero issued a Federal Judgment against the VA Defendants for nine real estate contracts with third-party entities for non-Veteran use, declaring they are “unauthorized by law and therefore void.”
- U.S. Attorney Birotte and his team of deputy attorneys lost their hostile and unpatriotic war against Vietnam Veterans of American and disabled homeless Veterans.
- Six years after the public park agreement had been signed by the VA at Senator Feinstein’s influence and insistence, it was formally adjudicated in Federal Court as “unauthorized by law and therefore void.”
- Another of the nine illegal real estate dealings the VA entered into is with the University of California’s Board of Regents on behalf of the University of California of Los Angeles (UCLA), which has a state-of-the-art baseball stadium on Veterans land and they pay a pittance of $5,000 a month for property that is worth more than a hundred-million dollars.
- Richard C. Blum is a Board Regent and was first appointed by Governor Grey Davis on March 12, 2002 to a 12-year term that expired on March 1, 2014. He was recently re-appointed by Governor Jerry Brown to another term expiring on March 1, 2026. Mr. Blum is a past chairman of the Board of Regents.
- Mr. Blum is a billionaire, International financier, speculator, real estate executive and deal-maker extraordinaire.
- Mr. Blum is the chairman of the board of the CB Richard Ellis Group (now CBRE Group, Inc.), the world’s largest commercial real estate services firm.
- Mr. Blum is the husband of U.S. Senator Dianne Feinstein.
- U.S. Congressman Henry Waxman, whose 33rd District includes the Los Angeles VA property, is an alumni of UCLA.
- As outlined above, U.S. Attorney Birotte and his government staff of deputy attorneys vigorously fought against the ACLU lawsuit while defending the VA’s misappropriation of Federal VA property that included the VPC and UCLA agreements, even though the land was exclusively and permanently deeded to the U.S. government in 1888 as a National Home for Disabled Soldiers (Veterans).
- Today, there are tens of thousands of disabled and needy Veterans in Los Angeles who are forced to live homeless and hungry because the VA illegally leased this land for a public park and collegiate baseball stadium, among other illegal occupancy, instead of building and establishing quality Veteran housing and care in accordance with the Congressional Act of 1887 and legal Deed of 1888.
- On October 28, 2013, two months after Judge Otero entered his indisputable Judgment against the VA officials, U.S. Attorney Birotte appealed it in the United States Court of Appeals for the Ninth Circuit.
- Mr. Birotte’s appeal is morally and legally indefensible as Judge Otero staunchly declared that the VA had violated the “clear and unambiguous” language of the law in all nine real estate contracts.
- According to the ACLU, briefing on Mr. Birotte’s appeal is scheduled to conclude this summer, with oral arguments likely to be scheduled in late 2014 or early 2015.
- In spite of U.S. Attorney Birotte’s disrespect toward Judge Otero’s moral and legal ruling, and at the extended cost to the American Taxpayer and the prolonged misery and suffering of homeless Veterans, Senator Dianne Feinstein astoundingly submitted Mr. Birotte’s name to President Barack Obama for a Federal District Judgeship.
- As incredulous as this may seem, given Mr. Birotte’s hostile attack against disabled and homeless Veterans and their rightful land, Senator Feinstein still knowingly and willingly recommended him for a Federal District Judgeship.
- Contrary to Mr. Birotte’s promise “to bring to justice those public officials and public employees who violate the public trust,” he has broken his promise and violated his own public trust.
- The foregoing notwithstanding, on April 3, 2014, President Barack Obama nominated U.S. Attorney Andre` Birotte, Jr. for a Federal District Judgeship in the Central District of California, which covers seven counties, including Los Angeles.
- At the nomination announcement, President Obama declared U.S. Attorney Birotte has “demonstrated the talent, expertise and fair-mindedness Americans expect and deserve from their judicial system.”
- After the President’s nomination was officially announced, Senator Feinstein declared: “It was my great honor to recommend André Birotte to serve as a federal district judge in Los Angeles. In 2009 I recommended Birotte to President Obama for the position of U.S. attorney, and I have been very impressed with his performance over the last four years. He has a record of excellence and fairness, and I am confident he will serve the people of the Central District very well as a U.S. district judge.”
Fellow Americans, this is government cronyism and corruption at its very worst.
Remember, the victims are war-injured and impoverished Veterans who are forced to live homeless and hungry while the perpetrators who have benefitted from the misappropriation of this sacred land live nearby in multi-million dollar mega-mansions.
This is betrayal of the public trust beyond anything imaginable as U.S. Attorney Andre’ Birotte Jr. unconditionally promised “to bring to justice those public officials and public employees who violate the public trust.”
This charlatan’s name must be removed from any consideration for an entrusted Federal District Judgeship.
Andre` Birotte, Jr, the President’s nominee, is unqualified and unable to live up to the Oath of Office for Federal Judges as he has protected the ill-gotten benefits of the rich and powerful at the expense of disabled and destitute Veterans who have defended the very U.S. Constitution that Mr. Birotte is being asked to equitably uphold.
The Judiciary Act of 1789, established an additional oath taken by federal judges: “I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.” (underlined for emphasis)
On behalf of our disabled and destitute Veterans who have been illegally and immorally exiled from these sacred grounds for the benefit of wealthy non-Veteran special interest groups, this is to respectfully request that President Barack Obama immediately withdraw the embarrassing nomination of U.S. Attorney Andre` Birotte, Jr. for a Federal District Judgeship.
President Obama must further demand that Mr. Birotte drop his unjustifiable appeal of Judge Otero’s Federal Judgment so that the illegal occupiers can be immediately evicted and we can move forward to build a new and modern Veterans Home on these sacred grounds for our disabled and needy Veterans.
Unquestionably, U.S. Senator Dianne Feinstein has abused and violated her entrusted power as a public servant and has conspired against disabled and homeless Veterans and their legally deeded property.
Fellow Americans, the Old Veterans Guard respectfully requests your full support to expose this travesty against our Judicial System and disabled homeless Veterans, and that you assist in demanding that there be full Congressional, FBI and Grand Jury investigations into the biggest land-fraud scandal in American history along with the most corrupted Federal District Judgeship nomination in American history.
Correspondingly, please read our Resolution below calling for the President’s withdrawal of Andre` Birotte, Jr’s. nomination for an entrusted Federal District Judgeship.
Please support and endorse this Resolution by sending it to President Obama, your Congressional and Senatorial Representatives, and to Senator Leahy of the Senate Judiciary Committee.
God Bless America and the Veterans Revolution!
To Oppose U.S. Attorney Andre` Birotte Jr’s Nomination for a Federal District Judgeship
WHEREAS, in 1888, private land in West Los Angeles was donated to the federal government for the sole purpose of establishing and maintaining a National Soldier’s Home for war-injured and needy veterans to be housed and cared for on this hallowed property, while today these services have become unavailable because the VA has been leasing this land and facilities to non-veteran entities for non-veteran use, even though Los Angeles is our nation’s capital for homeless Veterans and President Barack Obama has promised to end all Veteran homelessness by 2015; and
WHEREAS, on June 8, 2011, the American Civil Liberties Union (ACLU) joined by some of our nation’s most prestigious law firms and top legal scholars with Vietnam Veterans of America and homeless Veterans as Plaintiffs, filed a lawsuit against Defendants Eric K. Shinseki, Secretary of the Department of Veterans Affairs and his Los Angeles VA director, Donna M. Beiter, for misuse of these sacred grounds; and
WHEREAS, the Obama Administration’s Department of Justice, led by U.S. Attorney Andre` Birotte Jr. who is the top federal law enforcement officer in the Central District of California, filed a Motion to have the lawsuit dismissed and when the Motion was denied, Mr. Birotte and his extensive staff of Deputy U.S. Attorneys assertively fought against the lawsuit, effecting U.S. District Judge S. James Otero to issue a Federal Judgment on August 29, 2013 against the VA Defendants for nine non-Veteran real estate contracts, which are “unauthorized by law and therefore void”; and
WHEREAS, On October 28, 2013, U.S. Attorney Birotte appealed Judge Otero’s Judgment at the added expense of the American taxpayer and prolonged misery and suffering of thousands of homeless Veterans in Los Angeles who need immediate housing and care, while less than six months later U.S. Senator Dianne Feinstein inexplicably submitted Mr. Birotte’s name to President Obama for a Federal Judgeship in the Central District of California.
THEREFORE BE IT RESOLVED, that on behalf of thousands of disabled and homeless Veterans in Los Angeles, the Old Veterans Guard of the Veterans Revolution supports the Federal Judgment and opposes U.S. Attorney Birotte’s appeal of it, and further opposes Senator Feinstein’s recommendation and President Obama’s nomination of Mr. Birotte for a Federal District Judgeship, and
BE IT FURTHER RESOLVED, the Old Veterans Guard of the Veterans Revolution calls on President Barack Obama and Senator Patrick Leahy, Chairman of the U.S. Senate Judicial Committee, to withdraw Andre` Birotte Jr’s nomination for a Federal District Judgeship, and that U.S. Senator Dianne Feinstein likewise withdraw her recommendation.
Old Veterans Guard – Adopted on April 9, 2014
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.
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