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ANN ARBOR, MI – On Monday, September 14th at 10:00 a.m., Robert Muise, an attorney with the Thomas More Law Center, will urge the U.S. Court of Appeals for the Third Circuit in Philadelphia to reverse a lower court ruling that upheld a New Jersey school district’s policy that banned the performance of religious music in the district’s public schools.  The public is encouraged to attend.

The school district’s ban was specifically aimed at preventing Christmas music, including simple instrumentals, during the traditional year-end holiday concerts.  The school district had allowed the performance of traditional Christmas music during these concerts for more than 60 years.  However, in 2004, this long-standing tradition came to an abrupt end, prompting a national outcry and this federal lawsuit.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “This blatant anti-Christian policy is yet another example of the total and militant hostility that many public schools have towards Christians and Christmas.”

The lawsuit was filed on behalf of Michael Stratechuk, who sued on his own and on behalf of his two children, who are students in the New Jersey school district.  According to the lawsuit, the school district’s ban on religious music conveys the impermissible, government-sponsored message of disapproval of and hostility toward religion in violation of the Establishment Clause, and it deprives the Stratechuk children the right to receive information and ideas, an inherent corollary of their First Amendment rights to freedom of speech and academic freedom.

Robert Muise, the attorney who will be arguing the case for the Law Center, commented, “Christmas is a national holiday, and religious music in the public schools is one of the rich traditions of this season.  Those that are hostile to these traditions hide behind the mantle of ‘tolerance,’ only to promote intolerance.  We learn to understand and respect traditions, customs, and beliefs not by being offended or threatened by the traditions of others, but by understanding the meaning of such traditions and why they have the capacity to inspire.”
The New Jersey school district policy at issue in this case was featured in a book, The War On Christmas, by Fox News anchor, John Gibson.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – Nearly four years after the so-called “Haditha Massacre,” an investigation conducted by over 65 NCIS agents (Naval Criminal Investigative Service) ─ the largest investigation in that agency’s history ─ with the expenditure of millions of taxpayer dollars, and prosecution losses at every stage of the criminal process, the government has decided to give up on the criminal prosecution against Marine LtCol Jeffrey Chessani.  Nonetheless, the battle for this loyal Marine officer continues.

On Friday, August 28, 2009,  the new general in charge of LtCol Chessani’s case, Marine LtGen George Flynn, Commanding General of the Marine Corps Combat Development Command in Quantico, VA, decided that criminal charges were not warranted.  Instead, he ordered LtCol Chessani to face an administrative procedure called a “Board of Inquiry.”  [see order here]

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, reacted, “The government’s persecution of this loyal Marine officer continues because he refused to throw his men under the bus to appease some anti-war politicians and press, and the Iraqi government.  Any punishment of LtCol Chessani handed down by a Board of Inquiry would be a miscarriage of justice because he did nothing wrong, and our lawyers will mount the same vigorous defense in this administrative proceeding as they did in the criminal.”

A Board of Inquiry is an administrative board where the rule of evidence does not apply.  Evidence that would likely be thrown out in a criminal proceeding may be considered by the Board, which will be comprised of three senior officers—in the case against LtCol Chessani, most likely Colonels and/or Generals.  The government’s burden of proof is lessened.  Rather than having to prove its case beyond a reasonable doubt, the government only has to prove “misconduct” by a preponderance of evidence.

If the Board finds “misconduct,” then they will further determine if LtCol Chessani should be forced to retire or not.  If the Board determines LtCol Chessani should retire, then the Board must also determine if he should retire as a Lieutenant Colonel, or as a Major—a decision that could cost this Marine and his family hundreds of thousands of dollars in pay and benefits.

The Law Center, a national public interest law firm based in Ann Arbor, Michigan, has been defending LtCol Chessani at no charge. The Law Center’s attorneys, Robert Muise and Brian Rooney, are both former Marine officers.  Detailed military attorneys LtCol Jon Shelburne, USMC, and Capt Jeffrey King, USMC, have also represented LtCol Chessani throughout the criminal process.

The dismissed criminal charges against LtCol Chessani were triggered by a fierce house-to-house, room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha, Iraq on November 19, 2005.  Along with several insurgents, 15 civilians also died in this day long fight.  The civilian casualties were tragic, but not uncommon in Iraq where insurgents would use them as shields.

The “misconduct” allegations against LtCol Chessani are based on the following: failing to properly report and investigate the November 19, 2005 incident.  However, the indisputable evidence shows that LtCol Chessani immediately reported the deaths of the 15 civilian Iraqis to his superiors.  And not one of his superiors hearing of the civilian deaths ─ including top generals ─ considered it unusual.  Not one ordered a further investigation.  Instead, they commended him for a job well done.  In fact, LtCol Chessani’s immediate superior told him that no investigation was needed because it was a bona fide combat action—which was consistent with the orders in effect at the time: no investigation of civilian deaths related to combat action.  That order was changed in April, 2006, well after the Haditha incident.

LtCol Chessani’s commanding general, Major General Huck, reported up the chain of command, “I support our account and do not see the necessity for further investigation.”  This same commanding General was allowed to retire without going to a Board of Inquiry, and he was allowed to retire as a Major General.

Consequently, not one of LtCol Chessani’s superiors faced nor will they ever face a court-martial or a Board of Inquiry for their actions in relation to November 19, 2005.

“Marines are renowned for their courage and their willingness to follow their commanders into battle against all odds.  Their commanders, on the other hand, owe justice to these brave men and women who face death for them.  That obligation requires commanders to defend their troops when politicians attempt to make them political scapegoats,” said Thompson.

Of the eight Marines initially charged in the incident, six Marines, including Chessani, had charges dismissed and one was acquitted.  Only one Marine still faces criminal charges.

LtCol Chessani was considered one of America’s most effective combat officers.  He was on his third combat tour in Iraq when the Haditha incident occurred.

The Thomas More Law Center asks every American concerned about the future of the military services and our country to help in the fight to defend Marine Corps officer, Lieutenant Colonel Jeffrey Chessani.  You can do this by mailing a donation to the Law Center at 24 Frank Lloyd Wright Drive, P.O. Box 364, Ann Arbor MI 48106, or by simply donating to the LtCol Chessani Defense Fund.  Our continued defense of LtCol Chessani, without charge, has cost the Law Center over a million dollars.  With our vigorous defense of LtCol Chessani continuing at the Board of Inquiry, your donations and prayers are essential to seeing the end of the government’s pursuit of this good man through to the end.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

FROM THE AMERICAN THINKER

ObamaCare and me
By Zane F Pollard, MD

I have been sitting quietly on the sidelines watching all of this national debate on healthcare. It is time for me to bring some clarity to the table by explaining many of the problems from the perspective of a doctor.

First off, the government has involved very few of us physicians in the healthcare debate. While the American Medical Association has come out in favor of the plan, it is vital to remember that the AMA only represents 17% of the American physician workforce.

I have taken care of Medicaid patients for 35 years while representing the only pediatric ophthalmology group left in Atlanta, Georgia that accepts Medicaid. For example, in the past 6 months I have cared for three young children on Medicaid who had corneal ulcers. This is a potentially blinding situation because if the cornea perforates from the infection, almost surely blindness will occur. In all three cases the antibiotic needed for the eradication of the infection was not on the approved Medicaid list.

Each time I was told to fax Medicaid for the approval forms, which I did. Within 48 hours the form came back to me which was sent in immediately via fax, and I was told that I would have my answer in 10 days. Of course by then each child would have been blind in the eye.

Each time the request came back denied. All three times I personally provided the antibiotic for each patient which was not on the Medicaid approved list. Get the point — rationing of care.

Over the past 35 years I have cared for over 1000 children born with congenital cataracts. In older children and in adults the vision is rehabilitated with an intraocular lens. In newborns we use contact lenses  which ar! e very e xpensive. It takes Medicaid over one year to approve a contact lens post cataract surgery. By that time a successful anatomical operation is wasted as the child will be close to blind from a lack of focusing for so long a period of time.

Again, extreme rationing. Solution: I have a foundation here in Atlanta supported 100% by private funds which supplies all of these contact lenses for my Medicaid and illegal immigrants children for free. Again, waiting for the government would be disastrous.

Last week I had a lady bring her child to me. They are Americans but live in Sweden, as the father has a job with a big corporation. The child had the onset of double vision 3 months ago and has been unable to function normally because of this. They are people of means but are waiting 8 months to see the ophthalmologist in Sweden. Then if the child needed surgery they would be put on a 6 month waiting list. She called me and I saw her that day. It turned out that  the child had  accommodative esotropia (crossing of the eyes treated with glasses that  correct for farsightedness) and  responded to glasses within  4 days, so no surgery was needed. Again, rationing of care.

Last month I operated on a 70 year old lady with double vision present for 3 years. She responded quite nicely to her surgery and now is symptom free. I also operated on a 69 year old judge with vertical double vision. His surgery went very well and now he is happy as a lark. I have been told — but of course there is no healthcare bill that has been passed yet — that these 2 people because of their age would have been denied  surgery and just told to wear a patch over one eye to alleviate the symptoms of double vision. Obviously cheaper than surgery.

I spent two year in the US Navy during the Viet Nam war and was well treated by the military. There was tremendous  rationing of care and we were told specifically wha! t things the military personnel and their dependents could have and which things they could not have. While I was in Viet Nam, my wife Nancy got sick and got essentially no care at the Naval Hospital in Oakland, California. She went home and went to her family’s private internist in Beverly Hills. While it was expensive, she received an immediate work up. Again rationing of care.

For those of you who are over 65, this bill in its present form might be lethal for you. People in England over 59 cannot receive stents for their coronary arteries. The government wants to mimic the British plan. For those of you younger, it will still mean restriction of the care that you and your children receive.

While 99% of physicians went into medicine because of the love of medicine and the challenge of helping our fellow man, economics are still important. My rent goes up 2% each year and the salaries of my employees go up 2% each year. Twenty years ago, ophthalmologists were paid $1800 for a cataract surgery and today $500. This is a 73% decrease in our fees. I do not know of many jobs in America that have seen this sort of lowering of fees.

But there is more to the story than just the lower fees. When I came to Atlanta, there was a well known ophthalmologist that charged $2500 for a cataract surgery as he felt the was the best. He had a terrific reputation and in fact  I had my mother’s bilateral cataracts operated on by him with a wonderful result. She is now 94 and has 20/20 vision in both eyes. People would pay his  $2500 fee.

However, then the government came in and said that any doctor that does Medicare work cannot accept  more than the going rate ( now $500) or  he or she would be  severely fined. This put an end to his charging $2500. The government said it was illegal to accept more than the government-allowed rate. What  I am driving at is that those of you well off&n! bsp; wil l not  be able to go to the head of the line under this new healthcare plan, just because you have money, as no physician will be willing to go against the law to treat  you.

I am a pediatric ophthalmologist and trained for  10 years post-college to become a pediatric ophthalmologist (add  two years  of my service in the Navy and that comes  to 12 years).A neurosurgeon spends 14  years post -college, and if  he or she has to do the military that would be 16 years. I am not entitled to make what a neurosurgeon makes, but the new plan calls for all physicians to make the same amount of payment. I assure you that medical students will not go into neurosurgery and we will have a tremendous shortage of neurosurgeons.

Already, the top neurosurgeon at my hospital who is in good health and only 52 years old has just quit because he can’t stand working with the government anymore. Forty-nine percent of children under the age of 16 in the state of Georgia are on Medicaid, so he felt he just could not stand working with the bureaucracy anymore.

We are being lied to about the uninsured. They are getting care. I operate at least 2 illegal immigrants each month who pay me nothing, and the children’s hospital at which I operate charges them nothing also. This is true not only on Atlanta, but of every community in America.

The bottom line is that I urge all of you to contact your congresswomen and congressmen and senators to defeat this bill. I promise you that you will not like rationing of your own health.

Furthermore, how can you trust a physician that works under these conditions knowing that he is controlled by the state. I certainly could not trust any doctor that would work under these draconian conditions.

One last thing: with this new healthcare plan there will be a tremendous shortage of physicians. It has been estimated that approximately 5% of the current physician work force will quit under this new system. Also it is estimated that another 5% shortage will occur because of the decreased number of men and women wanting to go into medicine. At the present time the US government has mandated gender equity in admissions to medical schools  That means that for the past 15 years that somewhere between 49 and 51% of each entering class are females. This is true of private schools also, because all private schools receive federal funding.

The average career of a woman in medicine now is only 8-10 years and the average work week for a female in medicine is only 3-4 days. I have now trained 35 fellows in pedia! tric oph thalmology. Hands down the best was a female that I trained 4 years  ago — she  was head and  heels above all  others I have trained. She now practices only 3 days a week.

ANN ARBOR, MI – The Thomas More Law Center is honored to have Admiral Jeremiah Denton as our Advisory Board Chairman.  Today Admiral Denton turns 85 years of age.

Admiral Jeremiah Denton was a Vietnam POW for nearly eight years.  Suffering severe mistreatment, he became the first U.S. military captive to be subjected to four years of solitary confinement.  He first came to the public’s attention in 1966.  After being tortured and threatened with more torture and even death if he did not “correctly” answer the questions posed, he was televised in front of Communist dignitaries with the purpose of having him admit to American atrocities.  Instead, Admiral Denton replied, “Whatever the position of my government is, I believe it, I support it, and I will support it as long as I live.”  Years later, Admiral Denton authored, When Hell Was In Session, a reflection on his time as a POW.

Admiral Denton commented on attaining 85 years, “I am happy to say that I just celebrated my 85th Birthday.  While you won’t find me jumping out of an airplane like Bush, Sr. did on his 85th earlier this year, you would find me on the golf course with my sons and ready for the challenge.  I am even happier to say that I was able to enjoy my Birthday in good health, with family, friends and the Blessings of God who has kept me around.  The Good Lord must render some things I have to say as valuable.  Recently, I was invited to be the keynote speaker at an important conference at the U.S. Southern Command in Miami, FL.  Shortly after that, I was invited to attend a Dedication Ceremony of the DOD Humanitarian Relief Corridor at the Pentagon.  Also, I have been invited by the Secretary of Defense to be the keynote speaker at the 2009 National Celebration of POW/MIA Day at the Pentagon on 11 September this year.  And reportedly, the book I have been working on is at its completion.  The contract has been signed and we will keep you updated on what I feel is an important piece of work regarding an accurate account of the Vietnam War (scheduled to be released Veteran’s Day).  Incidentally, I recently wrote a book review of Ride the Thunder, by Richard Botkin (another great work on the Vietnam War).  The review was published in The Washington Times (July 13th).”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “Admiral Denton represents everything good about America — a heroic patriot, a devoted husband, father, and a faithful Christian.  The Law Center is proud to have him as the Chairman of our Citizens Advisory Board.  Honoring him on his birthday is a small tribute to a man that is literally a living legend.”

Admiral Denton’s character and courage was epitomized in a North Vietnamese televised interview, Admiral Denton feigning sensitivity to harsh camera lighting, looked into the camera lens and blinked his eyes in Morse Code spelling out the message ‘T-O-R-T-U-R-E.’  Thus, he provided Naval Intelligence the first confirmation that American POWs in Vietnam were being tortured.  Further, as spokesperson for the first group of returning POWs in 1973, as he stepped from the plane he was asked to make a statement on behalf of the group.  He turned to the microphones and said, “We are honored to have the opportunity to serve our country under difficult circumstances.  We are profoundly grateful to our Commander-in-Chief and our nation for this day.  God bless America.”

Richard Thompson further commented, “One of my favorite memories of Admiral Denton is when he was honored by President Ronald Reagan.”  In his 1982 State of the Union Address, President Reagan stated, “We don’t have to turn to our history books for heroes, they’re all around us.”  The President then looked into the audience and singled out Jeremiah Denton.  “One who sits among you here tonight epitomized that heroism at the end of the longest imprisonment ever inflicted on men of our armed forces.”  Admiral Denton has been a member of the Thomas More Law Center Citizens Advisory Board since 2005.  He is responsible for developing the Law Center’s national strategy.

The Thomas More Law Center defends and promotes America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.