Captain Murray Randall Rogers, Shreveport, LA
Stephanie A. Finley, U.S. Attorney for the Western District of Louisiana, Lafayette, Louisiana
Copy: H. Marshall Jarrett, Director- Executive Office of U.S. Attorneys, Washington D.C.
January 23, 2010
Madam Prosecutor:
I submit this letter to inform your office of new information concerning allegations I have filed with your office previously, concerning criminal acts committed by top Coast Guard Administrative Law officials. This additional information displays the critical necessity that those federal crimes must be prosecuted. The additional acts identified herein expose that the crimes and cover-up committed by United States Coast Guard (USCG) officials do continue, and are now evidenced to be further expanded than previously alleged. In this letter I will present, identify, and evidence additional federal criminal violations that also supplement, support, and confirm the criminal allegations I have previously filed with your office. Moreover, evidence on paper now clearly shows that the cover-up of crimes as previously alleged extends to department-level officials within The U.S. Department of Homeland Security (DHS).
This letter also serves as my response to correspondence I received from an Assistant U.S. Attorney in your office dated July 28, 2010, sent in response to criminal allegations against USCG officials I previously filed. Finally, I will also be submitting a copy of this letter to the office of H. Marshall Jarrett, Director of the Executive Office of U.S. Attorneys- in my continued effort to compel your office to prosecute the perpetuating and continuing obstructions to justice and cover-up committed by persons within the DHS and USCG. Said crimes have allowed Coast Guard officials to continue to exercise unconstitutional powers, allowing for further crimes and abuses of power and authority to be committed against citizens of the United States. These crimes were and are still being committed by officials entrusted with the duty of law enforcement for the government of The United States of America. Notably, this case and related cases have already gained both national and international attention.
In the allegations I previously submitted, I identified and evidenced a long list of crimes committed against the United States, crimes committed against a (now former) U.S. Administrative Law Judge while acting in the performance of her judicial duties, crimes committed against myself, and committed against other citizens by top ranking officials within the USCG. Evidence that the previously alleged cover-up is further expanded is now finally published in two reports and on paper with Department (DHS) letterhead. The continued cover-up does further aid and abet the perpetrators of crimes already evidenced and alleged. This evidence is irrefutable beyond mere preponderance and is already conclusive beyond any reasonable doubt.
The Evidence
New evidence is contained in two reports recently published by the Office of the Inspector General of the Department of Homeland Security (DHS-OIG). Those reports were published as OIG-10-107 and OIG-10-108. In those reports the DHS-OIG admits to allegations included in both civil and criminal allegations I have previously filed. Many of those identified actions were simply impossible to deny outright, since they were perpetrated and published on paper and cannot now be re-hidden. Instead of alleviating and correcting problems caused by those now admitted alleged acts, the DHS-OIG attempts to divert and redirect attention away from the crimes and violations committed by simply neglecting to label the acts as violations or as criminal acts.
Further, the OIG attempts to offer some individualized reasoning for each identified act as though it were some mitigating factor on the effect each action had on the conspiracy as a whole. The record shows this is untrue. Though addressing a few separate specific acts in some detail, the DHS-OIG simply fails to put the whole effort together--- as though each act was an individual act, and as though the perpetrators had no knowledge of, or effort towards a single and devised end. The simple fact is that all of these efforts were each and all directed and committed towards the sole goal and purpose of retaining illegal and unconstitutional powers for the Coast Guard. Each identified act was necessary and pivotal in accomplishing this overall objective.
Attached with this letter is a common-sense brief explanation of the ‘inspection’ of violations of USCG officials by the DHS-OIG. This exposes that DHS-OIG officials are culpable through their efforts to cover-up USCG officials’ crimes by refusing to acknowledge or label those crimes as identified, and instead attempting to rename and re-characterize admitted acts though thoroughly evidenced in departmental documentation. The included brief is six pages entitled: “Indictment of the Office of The Inspector General of the Department of Homeland Security for the Cover-Up of Crimes by U.S. Coast Guard Command and Administrative Law Officials”. Said brief addresses the two reports proffered by the Office of the DHS-IG in late 2010 (OIG-10-107 and OIG-10-108), which were published in response to allegations of corruption in the USCG Administrative Law system.
Previous Correspondence
As mentioned, the last correspondence I received from your office was a letter dated June 28, 2010 by Assistant U.S. Attorney James T. McManus. In that Letter, Mr. McManus closes with the following statement, “This office is declining to prosecute this case noting that these allegations would be more appropriately handled in your civil litigation.” This previous position held by your office as evidenced by that statement is now clearly insufficient to prevent manifest injustice in light of the new evidence noted herein.
In light of the new evidence, I offer the following response to Mr. McManus’ statement just quoted:
· Firstly: If I prevail in the ongoing civil litigation, then only some of the perpetrators of these offences even could be assessed to pay damages for the offenses committed.
· Secondly: The legal relationship between the perpetrators of the criminal acts alleged and the U.S. Government will not change as a necessary result of any conclusion to the civil litigation.
· Thirdly: Not all of the perpetrators even could have been sued in civil court.
To refuse to prosecute this case criminally is inexcusable. To allow such blatant, flagrant, and egregious violations of the U.S. Constitution to remain unpunished by the Government of the United States would be in itself a malfeasant act. The evidence is on public record forever. It will not go away. There have been full and concentrated efforts and public relations campaigns to attempt to justify these acts, but the proof and the truth remain on public record---permanently. They cannot usurp the truth. The perpetrators are now cowards to the truth. This will prove to be not conducive to good order and discipline in the Coast Guard and will destroy respect for the chain of command within the Coast Guard over time if not prosecuted and corrected.
These matters cannot be fully corrected in civil action. Corrections to these crimes cannot be rested on an ‘if’ as any possible outcome of civil suit(s). These acts were and are a breach of the public trust and public corruption. Such disregard and disrespect for the authority of the U.S. Constitution by military and court officers of the United States is intolerable. Those officers are unfit to remain in federal service. Their actions have shown blatant contempt to the courts, to the Congress, to the law, and to justice. If they are not prosecuted it will only confirm their apparent belief that they are ‘above the law’. You must send that message and inform them that they are not.
As I was aware that a report by the DHS-OIG was forthcoming, I did not respond to Mr. McManus’ letter until now. I expected DHS-OIG report to be published prior to the Appeal to the U.S. Fifth Circuit Court of Appeals in my civil litigation. As such, I was aware that the expected report would be published just in time for any favorable conclusions in the DHS-OIG report to be included in the appellate briefs of the government--- in the government’s defense of the perpetrators in concurrent civil litigation. They were. I therefore waited to write this letter until those things that I knew would occur, did occur--- and until all briefs had been filed in the appeal of the civil suit.
As yet another in a long and perfectly orchestrated line of governmental “coincidences”: The lead author of the DHS-OIG reports is a man named Richard Reback. Mr. Reback once worked for one of the judges on the Fifth Circuit: Judge Thomas Reavley, according to Mr. Reback. Judge Reavely is married to Fifth Circuit Judge Carolyn King, according to sources. Judge King was on the panel of judges in our previous appeal to the Fifth Circuit. Now, I am not alleging any impropriety on the part of Judge King in or with these statements, but such an appearance of yet another such a ‘coincidence’ in these matters is yet again unsettling to a litigant, to be sure.
The Crimes
It is undeniable and inexcusable that Chief Administrative Law Judge (CALJ) Ingolia attempted to secretly influence presiding ALJ Massey’s rulings with his own private interpretations of rules directed towards pending cases. His actions also directly affected the prosecutors’ tactics in continual refusing, failing to disclose, and hiding evidences. CALJ Ingolia did clearly obstruct justice: identified in that one act alone.
To reappoint him with that overwhelming evidence on record while the scandal was underway was not showing loyalty to the CALJ, it was showing disloyalty to the nation. To have Ms. Liddington reassigned to write the appeal decision in the case over which both she and the Commandant were both sued was self-incriminating for Coast Guard officials. The mere lack of a prohibition to keep Ms. Liddington away from cases in which she had prior secreted contacts with prosecutors, the same actions in cases for which she was and is being sued, directly makes retired Admiral Thad Allen further culpable in obstruction of justice.
I confronted retired Admiral Allen with just that one question last month during his public ‘Keynote Speech’ at the ‘International Workboat Show’ in New Orleans, LA to give him at least one opportunity to directly respond to civil and criminal allegations that have been lodged against him for a number of years now. That question and answer are now posted on the internet. I gave opportunity for him to address the matter directly and clear his name if he so chose. I took the opportunity to ask this question of the admiral directly, only because he is no longer ‘under suit’. He was only sued only in his official capacity as Commandant of the Coast Guard, and since his retirement his successor in that office is now a defendant in that capacity. He did, of course, refuse to answer.
Promoting co-defendant Jordan to ALJ while these matters are officially still in review is a mockery to justice. And to highlight yet another necessity of the obligation for prosecution, ALJ Smith enjoys absolute judicial immunity to civil suit. ALJ Smith’s failure to refer LT Spolarich’s lying under oath to your office completely neglected adherence to 46 CFR 5.69. Worse still, the ALJ’s answering for that same witness opposite of what the witness had just stated was absolutely unbelievable to watch. And that is on the transcript.
ALJ Smith’s refusal to acknowledge 46 CFR 5.101(b) and other regulations is inexcusable, most especially through his effort to interpret regulations out of existence in their practical application. Though he clearly violated regulation, and those violations did aid and abet Coast Guard conspirators in their continued effort to cover-up their crimes--- Smith, as a presiding judge, simply cannot be sued. He can however be prosecuted. So can the investigators, and their bosses.
Investigators recorded efforts attempting to intimidate me into bearing false witness against other persons, offered as a trade to “settle” a citing those same investigators constructed against me. Their later refusals to produce those same and other recordings although ordered by the court were plainly criminal and contemptuous refusals. They also repeatedly refused to abide by, and attempted to intimidate a presiding judge’s rulings on record. That corrupt Coast Guard is not my Coast Guard. It is not our Coast Guard. We demand better.
Resolve
These allegations are not conclusory, as they are based in fact and evidence. The perpetrators of these crimes refused to follow the law though entreated to do so time, and again, and again. The conspiracy was exposed and the cover-up following is unforgivable. These crimes were organized and concerted. The Department of Justice has thus-far wholly failed to protect or secure my rights, my evidence, witnesses, or my person from those committing illicit acts against me with their abuses of power and authority.
On a side of one of the government buildings in New Orleans it reads, “We are a nation of laws and not of men”. That statement should ring true. To allow these crimes to be perpetrated using taxpayer dollars and go unpunished is unconscionable. To allow the further cover-up by the Department through repeated denials, tailor-made reports, press releases and all other methods again while using citizens’ monies is unscrupulous, inconceivable, and unforgivable.
You have and unenviable task. The listed punishments listed in the U.S. Code awarded for such misdeeds could possibly mean that some of those persons may very well spend the rest of their natural lives in prison. Given the severity and nature of the crimes committed, such punishments would be appropriate, if so awarded by a jury. This is a begrudging and solemn matter. As a Coast Guard veteran from a Coast Guard family, this was no more desirable to me, and was as uncomfortable for me to suffer and then to have to redress. It is my sincere hope that in the end this will prove to have been a sobering experience for the USCG and DHS.
My job has been to redress my grievances and to perfect those appeals to my government. It is your responsibility to do something about it. I have no delusions about my peculiar and potentially precarious position. I have filed complaints against the head of an entire military service and law enforcement agency and Department of the government of the United States of America. I have assured that my complaints, my evidences, and witnesses will not go away even in the event of my untimely demise, or in the case of any other single conceivable or disastrous event. This matter will neither end with a certain finish to civil litigations. When that litigation ends, it will only free my pen to tread where it dare not now--- solely due to that pending litigation. As will all correspondences from here forward, this letter will be publicly distributed and posted on the internet. I wish you success in this somber and noble endeavor of necessity.
Faithfully,
Captain Murray Randall Rogers, USMM, USA
_______________ End
Personal Statement NOTE: Internet link to mentioned ‘attached brief’ can be found @: www.nationalmariners.org
Click on December 2010 Newsletter and look for my name or brief title. (pp. 20-23 as noted on Resume’)
Publication of that entitled “Indictment” was included with my thanks through the efforts of a senior fellow captain, member and officer of the association, my friend: Captain Richard Block--- who also graciously provided one of my Letters of Recommendation to law school, in addition to many hours of his time and years of his friendship.
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