New Lawsuit filed - Havana Syndrome

Thanks to Dr Len Ber for the summary & comments...

A new lawsuit was filed on December 4, 2024 in the District of Columbia. It’s a collaboration of two DC law firms: one of Mark Zaid, and Crowley So, LLP. Case Number: 1:24-cv-03385. See comments below following my initials “LB”.

Originally published by Dr Len Ber at: www.lenbermd.substack.com

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The Plaintiffs in the complaint:

1. American Foreign Service Association (“AFSA”) is a professional association and the exclusive representative for United States Foreign Service employees.

LB: What AFSA is for Foreign Service employees, Targeted Justice is for civilian victims of AHI/”Havana Syndrome”.

2. Plaintiff John Doe is a retired U.S. Army officer and a current Foreign Service Specialist who suffered an AHI in June 2016 while posted to the Republic of China.

3. Plaintiff Jane Doe 1 is a former Foreign Service Officer for the State Department who suffered an AHI in 2018 while in the United States.

LB: Plaintiff Jane Doe 1’ complaint is especially relevant to the civilian cases of AHI/”Havana Syndrome” because AHIs took place on US Soil. The complaint also states: “She continues to suffer recurring incidents of pain that last anywhere from 20 minutes to an hour. The pain is so severe that she likens it to the pain of giving birth.” This description is in line with the experience of the civilians targets. The attack duration, reoccurring character, and the severity of the attacks (that are so intense they result in vocalization) sound all too familiar. This is evidence of severe continuous attacks occurring domestically similar to the ones experienced by the civilian victims.

4. Plaintiff Jane Doe 2 is a current Foreign Service Officer for the State Department who suffered an AHI while posted in Guatemala.

Facts about AHIs found in the complaint:

1. 2014 NSA Memorandum. The National Security Agency (“NSA”) noted in a 2014 memorandum that it had intelligence from 2012 that associated the hostile foreign country where the individual had traveled to in the 1990s as having possessed “a high-powered microwave system weapon that may have the ability to weaken, intimidate, or kill an enemy over time and without leaving evidence.” NSA wrote the weapon was “designed to bathe a target’s living quarters in microwaves, causing numerous physical effects, including a damaged nervous system.”

LB: The time period described in this NSA Memorandum precedes the eligibility date established by the HAVANA Act., - January 1, 2016. Also, 2016 is when Directed Energy Weapon Systems Acquisition Act was approved by Congress and passed onto the Armed Forces Committee for implementation. The Act provides a definition of the Directed Energy Weapon Systems: “military action using highly focused sound, electromagnetic, or particle-beam energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel.”

1. The Havana Cohort, 2016-2017. Out of 25 US embassy workers stationed in Havana, Cuba with medically confirmed cases of AHI that started occurring in 2016, 16 showed signs of traumatic brain injuries.

LB: This statement offers an answer to one of the most frequently asked questions: Do all AHI result in brain injury? AHI itself is a form of brain injury, an Acute Encephalopathy due to beamed pulses of EM energy. AHIs may or may not result in the chronic from of Encephalopathy, referred to in the complaint as Traumatic Brain Injury (TBI). The intensity, duration, and reoccurrence of AHI plays a role. It is important that physicians must specify the type of TBI, because the term is almost exclusively associated with concussion, which these patients did not experience. For example, in the case of John Doe, “a doctor at Walter Reed diagnosed him with “a Traumatic Brain Injury, vertigo, short-term memory loss, cognitive disability, speech impediment, eye sensory disorder, fatigue, and also anxiety and sleep disorders as casually related to and a result of his occupational exposure to Anomalous Health Incidents (AHI).”

3. The National Academy of Sciences, Medicine, and Engineering Report was commissioned by the State Department in 2019 and published in 2020: “directed pulsed [radio frequency] energy, especially in those with the distinct early manifestations, appears to be the most plausible mechanism”.

4. CIA Interim Report issued in January of 2022 “asserted a majority of the 1,000 cases reported to the government could be explained by environmental causes, undiagnosed medical conditions or stress, rather than a sustained global campaign by a foreign power”. (LB: Blatant conflation of what the AHIs are and their attribution!) “Conveniently, the fact that approximately two dozen AHI cases (LB: Also know as the Havana Cohort) could not be explained away was ignored”. (LB: Selection Bias!)

5. Office of the Director of National Intelligence (ODNI) March 2023 Report “Updated Assessment of Anomalous Health Incidents” states that it is“very unlikely” a foreign adversary is responsible for the reported AHIs”.

LB: The ODNI Report has been broadly criticized by the intelligence, scientific and legal experts for conflating the reality of AHI/”Havana Syndrome” with attribution, and for selection bias, with 25 verified undisputed cases not even being acknowledged. Most recently, Interim Report by Chairman Rick Crawford of the Subcommittee on the Central Intelligence Agency of the House Permanent Select Committee on Intelligence issued on December 5, 2024, states in no uncertain terms:

“The shortcomings that contributed to identified failures in the… (report).. on AHIs are staggering. The ability of Intelligence Community (IC)leadership to control what analysts publish in an effort to send a particular message—rather than convey the facts—is problematic. Intelligence assessments must be free from political influence. The IC should publish a fact-based.. (Assessment) ..that identifies the potential cause and effects of AHIs, as well as any perpetrator(s).”

6. March 2023, investigation by 60 Minutes, Der Spiegel, and The Insider: “potential credible links between AHIs and alleged Russian operatives”.

LB: In May 2024 during the Committee on Homeland Security Hearing on AHI, the witness speaking for this investigation stated that out of 400+ AHIs researched (both domestic and abroad), only 4 had a geolocation match for the Russian operatives. The premise of this investigation is based on the outdated technology where a perpetrator has to be present in the vicinity of the attack. It doesn’t account for distributed Directed Energy Weapon Systems in which attacks can be launched remotely, and from any location.

Plaintiffs complain that the Government’s inability - or refusal- to publicly acknowledge what occurred, and who is responsible, deprived them of the validation that they are the victims of hostile acts by foreign nations and that they suffer real injuries, and that they were injured at work.

Further, it describes Legal Remedies that should be available to the Plaintiffs, specifically HAVANA Act of 2021. The way that the Act was implemented is criticized:

Implementation process is restricted to “yes” or “no” questions answered by a Board Certified Neurologist, and does not allow the applicants to provide any additional information about the incident or their their symptoms. Furthermore, the employees were told not to provide any supplemental information. This inadequate process deprived the Plaintiffs of receiving benefits under HAVANA Act. Plaintiffs demand to reverse State Department decisions denying their benefits under the HAVANA Act.

LB: Unlike Federal Employees and their families who have a legal remedy available to them in the form of HAVANA Act of 2021, Civilian Victims are powerless because the US Government, Law Enforcement, and Congress failed to recognize and investigate these diagnosed cases, as the government should with any illegal activity. Also, CDC has failed to track these cases, and the NIH has failed to investigate them.

Recurring, debilitating and painful AHIs/”Havana Syndrome”/Non-Kinetic Traumatic Brain Injury pose present and real danger to the general population, including children. The number of diagnosed civilian cases is growing, and it is being tracked in the Civilian Registry maintained by Global Medical Leader for Targeted Justice, Inc., world’s largest non-profit 501(c)(3) organization for Targeted Individuals and victims of “Havana Syndrome”.

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New Congressional Subcommittee Report

On December 5th, a new Interim Report "Investigating the Intelligence Community’s Conclusions on Anomalous Health Incidents: Is the Intelligence Community Hiding the Real Reason for This Phenomenon?" by Chairman Rick Crawford of the Subcommittee on the Central Intelligence Agency of the House Permanent Select Committee on Intelligence was released.

Full Text: https://intelligence.house.gov/uploadedfiles/unclassified_ahi_report.pdf
Press Release: https://intelligence.house.gov/news/documentsingle.aspx?DocumentID=1486#

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