Comments (24)

Dr. Wu wrote on June 17, 2007 10:57 AM:

What's the problem? Regent University isn't cranking out enough Jesus Campers?

Anonymous wrote on June 17, 2007 11:04 AM:

This isn't such a bad thing.

Considering the calibre of the appointees the Administration has been putting forth as of late, I really don't have a problem with the first round of Senate-confirmed US Attorneys staying under the authority of the Vacancies act;

Nor do I have a problem having Assistant US Attorneys (which are career positions and have not been noticeably corrupted by the politicization in hiring process, yet) step up in each of those respective offices and fill a US Attorney slot as an "acting."

AWK wrote on June 17, 2007 11:36 AM:

Where have you been....Monica is in trouble because the USA in Alexandria, VA complained that she was making hiring decisions using 'inappropriate' criteria.

Jane wrote on June 17, 2007 11:47 AM:

Bush remains reality challenged:Gonzales has his confidence when he can't even fill vacancies in DOJ.

chuck wrote on June 17, 2007 12:00 PM:

Hardly surprising. Anybody truly qualified for the position would hardly apply since the first requirement appears to be kneeling and kissing Karl Rove's ring. There's an old Dutch proverb that seems to apply here to the administration and the DoJ: "Een schip op het strand is een baken in see." -- A ship on the beach is a lighthouse to the sea.

jon Seward wrote on June 17, 2007 12:00 PM:

Clearly, they're all afraid of being tarred by the same brush that DoJ politicos have been wielding. And being that, by and large, lawyers aren't total idiots, it's a pretty clear eyed, market responsive take on the current situation.

Thus the clever plans of Rover have backfired entirely. USA slots are a prime stepping stone to a political career for many and the idea was to populate them with bright eyed 'Bushies' and thereby dominate state and federal elections for the next generation, and beyond.

Now every USA running for office will have to answer the question - And who appointed you? This will count for more than whether or not they were nonpolitical, how well they carried out their duties, how well they enforced the law in an even handed matter, how well they combatted crime.

Given that Democrats tend to favor the criminal defendant generally, and not to be quite the buttoned down Law and Order types, this is an unparalleled gift to the Dems.

Given that politics has come to be dominated by lawyers, this alone is a setback to republicans on the order of Watergate or Goldwater getting waxed. Republican lawyers will now have made their bones helping out Gordon Gekko, and that's not so bad to run against. Score another boomerang for the Turdblossom.

Steve5117 wrote on June 17, 2007 12:12 PM:

I would imagine that the current USA's have already put feelers out for employment opportunities. With Gonzo's announcement that he will be having a face to face meeting with each USA once a year I'm sure more will be resigning before Jan 2009.

I'm trying to imagine what a USA who was not on the list will feel about surviving the AG's interview. Will he or she feel more stigmatized beeing a reconfirmed loyal Bushie or as a USA who resigned, either on their own volition or after being asked to resign.

I have no doubt that the latest moves come from the WH with the thought of centralizing control over USA offices to unleash a barraige of Federal cases designed to influence the next election.

Robin Boerner wrote on June 17, 2007 1:22 PM:

Please give Alaska a functioning protector of citizens rights and take away the Bush incompetent cronie we have now. Despite being a disabled women that was physically assaulted by a healthy over six foot tall Ft Richardson Command Center Employee in an effort to disrupt a Federal lawsuit and recieving death threats and being net stalked by email (sometimes four a day), Patriot Act US Atorney Nelson Cohen refuses to investigate. To do so would mean he has to admit his client Bush's sacred cow the US Army violated Civil Rights in the federal lawsuit they are using threats and violence to disrupt. How long does anyone think a Patriot Act Lackey would last if he spanked the Great Decider's War Profiteer's?
How fast can Gonzo dial Alaska?

This guy is making Nifong look honest.

U.S. scandal threatens Alaska’s prosecutor

By RICHARD MAUER
Anchorage Daily News

(Published: April 22, 2007)
The state’s chief federal prosecutor, Pittsburgh native Nelson Cohen, owes his job to the U.S. attorney in his hometown, who succeeded in getting him the Anchorage post over Alaskans nominated by Sens. Lisa Murkowski and Ted Stevens.

But now, the U.S. attorney scandal threatening to topple Attorney General Alberto Gonzales may cost Cohen his job here. His “interim” appointment will vanish when that classification is amended out of the U.S.A. Patriot Act, which is expected to happen in the next few months.

At the same time, Mary Beth Buchanan, Cohen’s well-connected benefactor and former boss, is in trouble herself, with investigators from the House Judiciary Committee wanting to question her over what role she may have played in deciding which U.S. attorneys got fired, allegedly for partisan reasons.

There are no claims that Cohen got his job here to help or hinder political prosecutions in Alaska, as is alleged in New Mexico, San Diego and other areas where U.S. attorneys were replaced. Pittsburgh Democrats who worked with him and defended clients against him described Cohen, a registered Republican, as a skilled career prosecutor who distanced himself from the Bush administration’s agenda.

Nevertheless, Murkowski and Stevens say they are looking for an “Alaskan” to replace him.

Cohen, who spent about a decade in Alaska before returning home to Pittsburgh in 1987, said he’d like to keep the job but is not actively politicking to do so. He’d like to stay in Alaska, he said, but he still owns his house in Pennsylvania. “I did not come here seeking to be a presidential-appointed U.S. attorney,” he said.

ALASKA SENATORS BLINDSIDED

U.S. attorneys in districts across the country manage teams of prosecutors who enforce federal laws on drugs, immigration, natural resources, weapons and taxes, among others. They are also playing an increasing role in counterterrorism efforts.

The U.S. attorney position in Alaska opened Jan. 23, 2006, when Timothy Burgess left to become a U.S. district judge. His first assistant, Deborah Smith, was named acting U.S. attorney that day. U.S. attorneys are typically nominated by the president and approved by the Senate. Traditionally, Alaska’s two U.S. senators send the names of one or more Alaskans to the White House for consideration. Sen. Murkowski said her clear choice was Smith, a career prosecutor who started out in the federal prosecutor’s office in Anchorage in 1982 and worked in Boston and Washington.

Sen. Stevens wouldn’t reveal his choices.

After submitting Smith’s name, Murkowski said in a telephone interview, her legislative director periodically called the White House during the first part of 2006 to check the status of the nomination.

“We’d get these vague, 'Oh, we’re still working on it, still working on it,’ ” Murkowski said. “So it gets to the point where you’re thinking, 'Wait a minute, this has been a heck of a long time. What is happening?’ And so the response to my inquiry is, 'We still haven’t, there’s some issues,’ and ultimately what we got back was, 'The picks were not acceptable by the White House,’ and yet no explanation as to why they’re not acceptable.”

When she was in Alaska for the August 2006 recess, Murkowski’s Blackberry vibrated with a message. It was her chief aide in Alaska, Mary Hughes, citing a media report that Nelson Cohen had been named interim U.S. attorney.

“You just think, 'It can’t be, wait.’ There was no consulting, no process, no nothing. That’s where I was certainly caught blindsided,” Murkowski said.

Stevens, himself a former federal prosecutor in Alaska, was enraged. “I am just furious at the way the attorney general handled this,” he said at the time.

In an interview at his office in the Federal Building last week, Cohen said he was unaware of all the political forces that resulted in his appointment. But he knew his boss, Buchanan, was well-connected, and it was she who told him about the opening in Alaska.

HE LONGED FOR ALASKA

Through a spokeswoman, Buchanan declined a request for an interview. But the Pittsburgh Post-Gazette recently reported that she pushed the White House agenda, prosecuting such targets as famed cinematic pothead Tommy Chong, of Cheech and Chong fame, for selling bongs over the Internet. She also went after pornographers in California.

The Post-Gazette said Buchanan’s office prosecuted a host of public corruption cases — all against Democrats. One of them, former Allegheny County medical examiner Cyril Wecht, was in Anchorage last week to lecture at the University of Alaska.

Wecht, a physician and lawyer in his 70s who is awaiting trial, said it was ridiculous to think that only Democrats were worthy of public corruption cases in western Pennsylvania.

Cohen was Buchanan’s chief deputy for white-collar crime, but Wecht’s attorney, Mark Rush, said he didn’t appear to have a role in Wecht’s case.

“Nelson Cohen is a professional federal prosecutor,” Rush said. “That’s what Nelson Cohen wants to be, and that’s what I think he will do for the rest of his life. I don’t see political ambition.” Tom Farrell, another former Pittsburgh colleague, said of Cohen: “He’s smart, he’s hardworking, very fair.” Years ago, when President Clinton was in office, the attorneys sharply divided on partisan grounds about whether he should be impeached, Farrell said. Cohen was one of the few at the water cooler “who never got heated.” Farrell, a Democrat, said he hadn’t known that Cohen was a registered Republican. What he seemed to be, though, was a man longing to return to Alaska, Farrell said. His office was decorated with photographs and mementos from his 10 years in Anchorage. Cohen’s wife, Colleen, grew up in Fort Yukon and Fairbanks, the daughter of noted Wien Air bush pilot Keith Harrington. Their three children were born in Alaska.

Gonzales named Cohen to the job in Alaska under a provision inserted into the Patriot Act at the request of the White House when the law was amended by Congress in 2006. It allowed interim U.S. attorney appointments to become permanent without Senate approval.

Eight U.S. attorneys were fired, then replaced under that provision. As the scandal unfolded this year, the House and Senate passed bills restoring the previous selection method, but the bills are slightly different and need to be resolved in a conference committee before they become law. President Bush has said he would sign a final bill. According to a statement from Sen. Stevens’ office, Cohen would then lose his appointment.

“Senator Murkowski and I will continue to look for a candidate that we could nominate and who will serve Alaska with distinction,” Stevens said in a prepared statement.

--------------------------------------------------------------------------------

Daily News reporter Richard Mauer can be reached at rmauer@adn.com or 257-4345.

Copyright © 2007 The Anchorage Daily News (www.adn.com)

http://www.adn.com/news/alaska/v-printer/story/8816351p-8717151c.html

Phil Ball wrote on June 17, 2007 1:36 PM:

Two more tainted cases from the same Wisconsin legal machine that brought us the Georgia Thompson travesty are now before the same 7th Circuit Court of Appeals in Illinois that freed Georgia Thompson. And their fate appears to be headed in the same direction as Georgia Thompson's. In other words, more humiliation and disgrace for DOJ/Rove prosecutors.
The first, two felony charges against campaign contributor John Troha stemming from the now-infamous Rove campaign to discredit the Democratic candidate/incumbent James Doyle,
won't even make it to trial. A telephone progress conference call(listen to it) between Biskupic, Troha's defense attorney and a 7th Circuit CA judge immediately devolved to all parties agreeing that the initial indictment would have to be withdrawn and the case very likely represented to the grand jury. The reason; the federal case won't hold water, relying on mail fraud to pump it up for the original indictment and now-unlikely prosecution. Biskupic is expected plea out of this swamp and cut his losses. It is very possible his whole case will collapse if it hasn't already.
Second up is the appeal of a Wisconsin Navy vet, now in jail for-you guessed it-mail fraud. Determined by the Department of Veterans Affairs to be 100% service connected disabled, this vet had the temerity to file a claim for retroactive payments going back to the date determined by the VA to be the start of his disability. But a typically crank policy paper churned out by the American Enterprise Institute recommending that these sorts of claims were sapping the finances to fight the war in Iraq and must be stopped led to the DOJ policy of prosecuting earlier-effective-date claimants for fraud based on misuse of the mails.
So despite doing everything by the book and at the direction of VA officials, this vet nonetheless was indicted, charged, tried, convicted and jailed while he appeals. This is exactly the same trial of tears foisted upon Georgia Thompson.
The VA stopped the checks for his existing benefits and billed him for benefits already paid, Social Security ended his monthly disability payments, and he is now in his fourth month in jail awaiting his first appeals brief before the 7th CCA at the end of June.
And in California, the state Department of Veterans Affairs is making threatening calls to vets who have filed claims for earlier effective dates on their existing 100% service connected disability benefits, usually zeroing in on the most vulnerable, the PTSD claimants. The CVA caller threatens the vet with a full review of existing benefits, intimating that they could be taken away if the vet doesn't withdraw his claim. A FAX number is given-619-400-0071-so that the vet can immediately cancel his claim. The The CVA caller, Diane Hiltman-619-400-5390, works for Tracy Greenamyer-619-400-5310.
Give 'em a jingle. They are standing by, waiting to take your call.

Phil Ball
pball9258@charter.net

Phil Ball wrote on June 17, 2007 1:37 PM:

Two more tainted cases from the same Wisconsin legal machine that brought us the Georgia Thompson travesty are now before the same 7th Circuit Court of Appeals in Illinois that freed Georgia Thompson. And their fate appears to be headed in the same direction as Georgia Thompson's. In other words, more humiliation and disgrace for DOJ/Rove prosecutors.
The first, two felony charges against campaign contributor John Troha stemming from the now-infamous Rove campaign to discredit the Democratic candidate/incumbent James Doyle,
won't even make it to trial. A telephone progress conference call(listen to it) between Biskupic, Troha's defense attorney and a 7th Circuit CA judge immediately devolved to all parties agreeing that the initial indictment would have to be withdrawn and the case very likely represented to the grand jury. The reason; the federal case won't hold water, relying on mail fraud to pump it up for the original indictment and now-unlikely prosecution. Biskupic is expected plea out of this swamp and cut his losses. It is very possible his whole case will collapse if it hasn't already.
Second up is the appeal of a Wisconsin Navy vet, now in jail for-you guessed it-mail fraud. Determined by the Department of Veterans Affairs to be 100% service connected disabled, this vet had the temerity to file a claim for retroactive payments going back to the date determined by the VA to be the start of his disability. But a typically crank policy paper churned out by the American Enterprise Institute recommending that these sorts of claims were sapping the finances to fight the war in Iraq and must be stopped led to the DOJ policy of prosecuting earlier-effective-date claimants for fraud based on misuse of the mails.
So despite doing everything by the book and at the direction of VA officials, this vet nonetheless was indicted, charged, tried, convicted and jailed while he appeals. This is exactly the same trial of tears foisted upon Georgia Thompson.
The VA stopped the checks for his existing benefits and billed him for benefits already paid, Social Security ended his monthly disability payments, and he is now in his fourth month in jail awaiting his first appeals brief before the 7th CCA at the end of June.
And in California, the state Department of Veterans Affairs is making threatening calls to vets who have filed claims for earlier effective dates on their existing 100% service connected disability benefits, usually zeroing in on the most vulnerable, the PTSD claimants. The CVA caller threatens the vet with a full review of existing benefits, intimating that they could be taken away if the vet doesn't withdraw his claim. A FAX number is given-619-400-0071-so that the vet can immediately cancel his claim. The The CVA caller, Diane Hiltman-619-400-5390, works for Tracy Greenamyer-619-400-5310.
Give 'em a jingle. They are standing by, waiting to take your call.

Phil Ball
pball9258@charter.net

Phil Ball wrote on June 17, 2007 1:37 PM:

Two more tainted cases from the same Wisconsin legal machine that brought us the Georgia Thompson travesty are now before the same 7th Circuit Court of Appeals in Illinois that freed Georgia Thompson. And their fate appears to be headed in the same direction as Georgia Thompson's. In other words, more humiliation and disgrace for DOJ/Rove prosecutors.
The first, two felony charges against campaign contributor John Troha stemming from the now-infamous Rove campaign to discredit the Democratic candidate/incumbent James Doyle,
won't even make it to trial. A telephone progress conference call(listen to it) between Biskupic, Troha's defense attorney and a 7th Circuit CA judge immediately devolved to all parties agreeing that the initial indictment would have to be withdrawn and the case very likely represented to the grand jury. The reason; the federal case won't hold water, relying on mail fraud to pump it up for the original indictment and now-unlikely prosecution. Biskupic is expected plea out of this swamp and cut his losses. It is very possible his whole case will collapse if it hasn't already.
Second up is the appeal of a Wisconsin Navy vet, now in jail for-you guessed it-mail fraud. Determined by the Department of Veterans Affairs to be 100% service connected disabled, this vet had the temerity to file a claim for retroactive payments going back to the date determined by the VA to be the start of his disability. But a typically crank policy paper churned out by the American Enterprise Institute recommending that these sorts of claims were sapping the finances to fight the war in Iraq and must be stopped led to the DOJ policy of prosecuting earlier-effective-date claimants for fraud based on misuse of the mails.
So despite doing everything by the book and at the direction of VA officials, this vet nonetheless was indicted, charged, tried, convicted and jailed while he appeals. This is exactly the same trial of tears foisted upon Georgia Thompson.
The VA stopped the checks for his existing benefits and billed him for benefits already paid, Social Security ended his monthly disability payments, and he is now in his fourth month in jail awaiting his first appeals brief before the 7th CCA at the end of June.
And in California, the state Department of Veterans Affairs is making threatening calls to vets who have filed claims for earlier effective dates on their existing 100% service connected disability benefits, usually zeroing in on the most vulnerable, the PTSD claimants. The CVA caller threatens the vet with a full review of existing benefits, intimating that they could be taken away if the vet doesn't withdraw his claim. A FAX number is given-619-400-0071-so that the vet can immediately cancel his claim. The The CVA caller, Diane Hiltman-619-400-5390, works for Tracy Greenamyer-619-400-5310.
Give 'em a jingle. They are standing by, waiting to take your call.

Phil Ball
pball9258@charter.net

tofubo wrote on June 17, 2007 1:47 PM:

leave it to UU. to make "U.S. Attoryney" into a resume killer

mbartv wrote on June 17, 2007 4:03 PM:

We also shouldn't lose sight of the other California USA (not Carol Lam) who went to work for a Republican law firm (with a $1,500,000 signing bonus) interrupting the case against a Republican Congressman. I haven't heard anything new on this lately.

Eli Rabett wrote on June 17, 2007 5:31 PM:

It appears that Mark Hearne, or someone close to him has brought a SLAPP suit against the Wikipedia which is forcing them to remove his article. Details and links at
http://rabett.blogspot.com/2007/06/wikipedia-slapped-eli-innocent-bunny.html

Hearne, as you may recall from Waas' National Journal article

'Hearn was reported to have urged, through a senior Justice Department official, William Mateja, that United States attorneys invistigate voter groups registering individuals likely to be democratic voters, or to cease investigations of Republican candidates.[3]'

freepatriot wrote on June 17, 2007 7:26 PM:

sombody here already said it:

RATS DON'T JUMP ON A SINKING SHIP

who wants "bushco lawyer" on his resume now ???

M. F. Abernathy wrote on June 17, 2007 8:19 PM:

Ninth Circuit Court Of Appeals Protects Bush Administration Corruption and the Torture of a Whistleblower:

Charles Schlund is a *whistleblower* and a *witness* to the massive coruption of the Bush administration. The United States Department of Justice uses high-tech [i.e. ELECTRONIC] TORTURE in an attempt to silence whistleblowers like Charles Schlund. Last week, the Ninth Circuit Court of Appeals decided that it is okay to torture whistleblowers like Charles Schlund --- here, in the so-called 'land of the free'.

If you know too much about the *crimes* of the rich and powerful --- watch out! You may be tortured too.

For more information about the Schlund v. Bush lawsuit, use a *good* search engine [don't rely only on Google] and look up:

"Schlund" + "torture"

"Schlund" + "affidavit"

"Schlund" + "Bush"

or contact:

Charles August Schlund, III
8520 North 54th Drive
Glendale, Arizona 85302

Phone (602) 670-2017

E-mail:

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

CHARLES AUGUST SCHLUND, III, Plaintiff - Appellant, v. GEORGE BUSH, President; et al., Defendants - Appellees.

No. 06-15017

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

2007 U.S. App. LEXIS 13942

June 5, 2007 *** , Submitted

*** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
June 11, 2007, Filed

NOTICE: [*1] PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

PRIOR HISTORY: Appeal from the United States District Court for the District of Arizona. D.C. No. CV-03-01590-VAM. Virginia A. Mathis, Magistrate Judge, Presiding ** .

** The parties consented in writing to proceed before a magistrate judge.

COUNSEL: For CHARLES AUGUST SCHLUND, III, Plaintiff - Appellant: Charles August Schlund, III, Glendale, AZ.

For GEORGE BUSH, President, Defendant - Appellee: Richard G. Patrick, AUSA, USPX - OFFICE OF THE U.S. ATTORNEY, Phoenix, AZ.

DOES I-X, individuals, DOES 1-20, entities, Defendants - Appellees: No appearance. No appearance.

JUDGES: Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

OPINION: MEMORANDUM *

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Charles August Schlund III appeals pro se from the district court's order dismissing his [*2] action alleging, inter alia, a wide-ranging conspiracy involving "implants used for torture and/or surveillance." We have jurisdiction under 28 U.S.C. § 1291. After de novo review, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004), we affirm.

The district court properly granted President Bush's motion to dismiss the claims against him because Schlund's allegations that Bush deprived him of his constitutional rights were conclusory and based on unreasonable inferences. See id.; see also Simmons v. Sacramento County Sup. Ct., 318 F.3d 1156, 1161 (9th Cir. 2003) (conclusory allegations of conspiracy to deprive plaintiff of due process insufficient to state a claim).

Schlund's remaining contentions also lack merit.

AFFIRMED.

M. F. Abernathy wrote on June 17, 2007 8:21 PM:

Ninth Circuit Court Of Appeals Protects Bush Administration Corruption and the Torture of a Whistleblower:

Charles Schlund is a *whistleblower* and a *witness* to the massive coruption of the Bush administration. The United States Department of Justice uses high-tech [i.e. ELECTRONIC] TORTURE in an attempt to silence whistleblowers like Charles Schlund. Last week, the Ninth Circuit Court of Appeals decided that it is okay to torture whistleblowers like Charles Schlund --- here, in the so-called 'land of the free'.

If you know too much about the *crimes* of the rich and powerful --- watch out! You may be tortured too.

For more information about the Schlund v. Bush lawsuit, use a *good* search engine [don't rely only on Google] and look up:

"Schlund" + "torture"

"Schlund" + "affidavit"

"Schlund" + "Bush"

or contact:

Charles August Schlund, III
8520 North 54th Drive
Glendale, Arizona 85302

Phone (602) 670-2017

E-mail:

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

CHARLES AUGUST SCHLUND, III, Plaintiff - Appellant, v. GEORGE BUSH, President; et al., Defendants - Appellees.

No. 06-15017

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

2007 U.S. App. LEXIS 13942

June 5, 2007 *** , Submitted

*** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
June 11, 2007, Filed

NOTICE: [*1] PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

PRIOR HISTORY: Appeal from the United States District Court for the District of Arizona. D.C. No. CV-03-01590-VAM. Virginia A. Mathis, Magistrate Judge, Presiding ** .

** The parties consented in writing to proceed before a magistrate judge.

COUNSEL: For CHARLES AUGUST SCHLUND, III, Plaintiff - Appellant: Charles August Schlund, III, Glendale, AZ.

For GEORGE BUSH, President, Defendant - Appellee: Richard G. Patrick, AUSA, USPX - OFFICE OF THE U.S. ATTORNEY, Phoenix, AZ.

DOES I-X, individuals, DOES 1-20, entities, Defendants - Appellees: No appearance. No appearance.

JUDGES: Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

OPINION: MEMORANDUM *

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Charles August Schlund III appeals pro se from the district court's order dismissing his [*2] action alleging, inter alia, a wide-ranging conspiracy involving "implants used for torture and/or surveillance." We have jurisdiction under 28 U.S.C. § 1291. After de novo review, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004), we affirm.

The district court properly granted President Bush's motion to dismiss the claims against him because Schlund's allegations that Bush deprived him of his constitutional rights were conclusory and based on unreasonable inferences. See id.; see also Simmons v. Sacramento County Sup. Ct., 318 F.3d 1156, 1161 (9th Cir. 2003) (conclusory allegations of conspiracy to deprive plaintiff of due process insufficient to state a claim).

Schlund's remaining contentions also lack merit.

AFFIRMED.

M. F. Abernathy wrote on June 17, 2007 8:21 PM:

Ninth Circuit Court Of Appeals Protects Bush Administration Corruption and the Torture of a Whistleblower:

Charles Schlund is a *whistleblower* and a *witness* to the massive coruption of the Bush administration. The United States Department of Justice uses high-tech [i.e. ELECTRONIC] TORTURE in an attempt to silence whistleblowers like Charles Schlund. Last week, the Ninth Circuit Court of Appeals decided that it is okay to torture whistleblowers like Charles Schlund --- here, in the so-called 'land of the free'.

If you know too much about the *crimes* of the rich and powerful --- watch out! You may be tortured too.

For more information about the Schlund v. Bush lawsuit, use a *good* search engine [don't rely only on Google] and look up:

"Schlund" + "torture"

"Schlund" + "affidavit"

"Schlund" + "Bush"

or contact:

Charles August Schlund, III
8520 North 54th Drive
Glendale, Arizona 85302

Phone (602) 670-2017

E-mail:

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

CHARLES AUGUST SCHLUND, III, Plaintiff - Appellant, v. GEORGE BUSH, President; et al., Defendants - Appellees.

No. 06-15017

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

2007 U.S. App. LEXIS 13942

June 5, 2007 *** , Submitted

*** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
June 11, 2007, Filed

NOTICE: [*1] PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

PRIOR HISTORY: Appeal from the United States District Court for the District of Arizona. D.C. No. CV-03-01590-VAM. Virginia A. Mathis, Magistrate Judge, Presiding ** .

** The parties consented in writing to proceed before a magistrate judge.

COUNSEL: For CHARLES AUGUST SCHLUND, III, Plaintiff - Appellant: Charles August Schlund, III, Glendale, AZ.

For GEORGE BUSH, President, Defendant - Appellee: Richard G. Patrick, AUSA, USPX - OFFICE OF THE U.S. ATTORNEY, Phoenix, AZ.

DOES I-X, individuals, DOES 1-20, entities, Defendants - Appellees: No appearance. No appearance.

JUDGES: Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

OPINION: MEMORANDUM *

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - -Before: LEAVY, RYMER, and T.G. NELSON, Circuit Judges.

Charles August Schlund III appeals pro se from the district court's order dismissing his [*2] action alleging, inter alia, a wide-ranging conspiracy involving "implants used for torture and/or surveillance." We have jurisdiction under 28 U.S.C. § 1291. After de novo review, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004), we affirm.

The district court properly granted President Bush's motion to dismiss the claims against him because Schlund's allegations that Bush deprived him of his constitutional rights were conclusory and based on unreasonable inferences. See id.; see also Simmons v. Sacramento County Sup. Ct., 318 F.3d 1156, 1161 (9th Cir. 2003) (conclusory allegations of conspiracy to deprive plaintiff of due process insufficient to state a claim).

Schlund's remaining contentions also lack merit.

AFFIRMED.

M. F. Abernathy wrote on June 17, 2007 8:29 PM:

Sorry for the duplicate postings!

I strongly recommmend that TPMmuckraker readers educate themselves about the schlund v. Bush lawsuit, while it may sound hard to believe, it is factual and *extremely* important.

cschlund"at"cox.net

leon wrote on June 17, 2007 8:55 PM:

Hey, Western PA USA Mary Beth Buchanan has an attorney and was questioned by the Senate for six hours last week behind closed doors. She's also getting a ton of flack in Pittsburgh for an allegedly politically motivated prosecution against our nationally known coroner, Cyril Wecht. Check out the stories at the Pittsburgh Post-Gazette archives.

Jack wrote on June 17, 2007 9:04 PM:

What's the big deal? Name the First Assistant US Attorneys as the acting US Attorneys and wait for the next Administration. The system won't fail because political appointees are missing.

cici414 wrote on June 17, 2007 10:27 PM:

Jack @9:04pm-
I think that all depends on how you define "fail".

If Rove is unable to stack the DOJ with "loyal Bushies" from Regent University, and must, instead have the vacant US Attorney posts be filled with independent professionals we could trust....I think Rove and company would view that as a failure.

gcd wrote on June 18, 2007 12:38 AM:

I still want to know when anyone is going to make the connection that the reason John McCay was fired was also because he is gay. A gay Republican working for D of J? shocking!

Irina wrote on June 18, 2007 4:48 AM:

The other USA in California that received a million dollar bribe was named Yang. I though Feinstein was going to call Yang to testify specifically about this bribe but have not heard anything in awhile.

I wonder whose side Schumer is on - he is a signatory to the new PNAC, same dirty players with some new dlc names like Schumer.

http://www.dailykos.com/story/2007/5/19/04121/2669

I saw Kristol at a Trade show Breakfast as the featured speaker. His main message to the executives making up most of the audience was that the ability to fire employees at will and move their jobs overseas was what made America great. So unlike the Europeans that had to consider the human and other social costs involved in cold blooded business decisions.

.... And tell me why exactly is that a man who has been stupendously wrong on practiaclly everything he has ever opended his mouth about allowed to have a large megaphone? Why is this warmonger allowed to advocate murder on cable/broadcast systems? Are we a civilized nation?

The Long War is not on Iraq, Afghanistan, or Iran. It is on the American people...Because they make reality.

It's not called PNACII, but there is another organization in the same vein... Can someone else remember the name of it? Someone diaried about it here at dkos, I think. They noted that PNAC had pretty much shut down, although the web site remained up, and there was a newer version which seemed to include folks one wouldn't expect. Or am I dreamin' this up?

..Found it It's noted in this diary: defenddemocracy