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Offline SageDad

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Communications with the Office of Children's Issues
« on: September 06, 2011, 11:19:53 AM »
Carlos Bermudez <-------@gmail.com>   Wed, Jul 13, 2011 at 1:52 AM  
To: Hank Meyer <--------@state.gov>  
Cc: "U.S. Consular Agency San Miguel de Allende" "Renner, Scott M" "Martínez López, Reyna María Aurora" "Hollabaugh, Allison," "Asher Hildebrand", "Cristina Jacome", "Rene Collins", "Henry Spears", "Dave Russell", "Fernando Muñoz", "Susan Jacobs", ELLIOT QUIROZ JUAREZ , Gloria Juárez Sandoval, Alyscia Ellis

Mr Meyer,

I am pleased to inform you that, all things considered, the new Hague
case being heard here in the Mexican family court goes very well.  The
orginal judge who heard it moved to a different court and the court
clerk who previously handled the case was explicitly removed from it.
Despite problems initially (which I think are related to the old court
clerk who was removed) the new judge has worked very hard to move the
case forward as quickly as possible.

Our case was rock solid the first time, but after three years of my
wife making up new lies every place she went she has told so many
contradictory stories on the record that her cross-examination in
court went disastrously bad for her.  I have also been able to attend
every single hearing personally to point out exactly when and where
these glaring and constant inconsistencies are and consistently show
that I am a human being and a loving father, and not a faceless,
foreign gringo.  Conversely my own testimony could not have gone
better.  Telling the truth makes remembering what to say pretty easy.
Additionally this time, Instead of just turning in electronic copies
of pictures and videos of our family life, we scheduled hearings to go
over the pictures and videos where I could narrate the content.

During her testimony my wife's refusal to even admit the smallest of
lies made her lies grow ever larger to the point where she has
declared all 1500 pictures and videos as fake, completely changed huge
aspects of her story since the last time and denied any knowledge of
evidence she herself submitted in the first trial and various amparo's
(not to mention denying any knowledge of filing, signing, the amparos,
which she benefited from, in the first place.)  There was a moment of
shocked silence when she first denied any knowledge of the evidence
she herself submitted to at least three different courts (a Mexican
Birth Certificate issued by the Mexican Embassy in Raleigh bearing her
and my signatures.)  I was sure she would realize that lying about
that was too much for anyone to believe and that she would claim to
have mispoken when the question was, incredulously, repeated, but she
martialled on telling ever bigger and more exotic lies.

She also continues to say she hasn't been to the US since October
2007, does not have legal US Residency, does not have a NC Driver's
License and, this time, she changed her story to say she did not
register a vehicle in NC in 2008.  She also claims to, somehow, have a
US Social Security Number that was issued prior to her leaving the US
(it was really issued in 2008 after she became a legal US Resident.)

Being in Mexico virtually continuosly since mid-April, besides one week to
provide Congressional testimony in DC in May, the court has granted me
visitation with my son accompanied by my wife.  What I've found is
that she has taught Sage to call various other people "dad" and taught
him that his last name is not Bermudez.  In spite of her constant
attempts to undermine and belittle me in front of our son, both when I
am there and when I am not, he is a very bright young boy who has
inherited my habit of forming his own opinions on things.  Despite all
the time we've lost, my son recognized me (though he did not not who
"me" actually was) and we have been able to rebuild much of what we'd
lost faster than I would have dared to imagine possible.

Unfortunately though the closer Sage and I become the more agitated
and desperate my wife is becoming to stop or reverse the trend.  She
has been missing many of the visits (though they are a four hour drive
for me,) and arriving late and leaving early when she does appear and
remaining within less than 3 feet of Sage at all times while he's
there.  The gifts I bring him are consistently lost or destroyed and,
after happily calling me dad ("papa") during our first visit, he has
been ordered by her to only call me "Carlos," "friend," or
"companion."

During the last visit she called the police and accussed me and my
attorney of trying to kidnap Sage causing a SWAT team to be sent to
downtown Salamanca, GTO with automatic weapons.  Luckily we had been
video taping the visit and when we explained that I was the father
(not some random kidnapper,) had a court order to visit my son there
and showed them the video they left admonishing my father-in-law for
acting inappropriately (the court had already ordered him not to
attend the visits due ot other problems he's caused though he always
does.)

As you may recall I have requested multiple times that the Office of
Children's Issues provide me with records documenting my wife and
son's entries and exits from the United States and actual immigration
status.  Most recently I requested them again to use during the now
ongoing Hague case that is being heard as a result of the Federal High
Court declaring a mistrial on appeal after the first one.

In response to these requests I have been told that either OCI did not
have access or could not provide these to me as it would violate my
wife's privacy.

Tommorow I will deliver a certified subpoena for these same documents,
amongst others, to Consul Ed Clancy in San Miguel de Allende from the
Mexican Federal Prosecutor (PGR) for use in a criminal investigation
related to a criminal complaint for Child Trafficking, a long laundry
list of Frauds and "Abuso de un Derecho Propio" (sorry, I'm unsure how
to translate that or if the concept even exists in US law) against my
wife, her father and various parties who have given fraudulent
testimony for her.

Similar subpoenas and orders have been issued to the Mexican Secretary
of Foreign Relations, the Mexican Federal Police, Mexican Army and
Mexican Immigration for other documents and to prevent my wife from
trying to flee with Sage by leaving the State or Country by Mexican
highway or airport.

I am confident that Consular Officer Clancy in San Miguel will forward
these documents to you immediately and hope your office will provide
the requested documents to the Mexican Federal Prosecutor (PGR)
promptly now that there are no longer any complications with the US
Privacy Act.

In the hopes that it will help you prepare for the Federal Prosecutors
subpoena's arrival I have attached pictures of it.

Regards,
Carlos Bermudez

Email: -------@gmail.com
Cell Phone (Mexico-Telcel): ------------
Calling from the US: 001 52 ------------
« Last Edit: September 06, 2011, 12:32:44 PM by SageDad »
“What you seek is seeking you.”
― Rumi

Offline SageDad

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Re: Communications with the Office of Children's Issues
« Reply #1 on: September 06, 2011, 11:47:45 AM »
From: "Meyer, Harry 'Hank' B" <------@state.gov>
To: Carlos Bermudez/IBM@IBMUS
Cc: "Renner, Scott M"
Date: 19/07/2011 09:17
Subject: your pending IPCA case

Mr. Bermudez

Thank you for updating us and I am very pleased to hear that your case seems to be progressing.  It is especially encouraging that the judge seems to be trying to move the case forward quickly.  I am also glad to hear you are getting to spend time with Sage, although I'm sorry that the visits have not been without difficulties. 

 
Hopefully there is a decision in your case soon.  Please let us know if there are any concerns or issues you feel we should raise with the Mexican Central Authority.  I would also encourage you to discuss any such request with your lawyers in order to make sure that it fits into their overall strategy.


Regarding your wife and son's immigration records, you may have received this information in the past, but the agency to whom private citizens submit requests for immigration records is the Department of Homeland Security.  I located the information below on the USCIS website which outlines how to request records from both USCIS and CBP.  As the link is extremely long, I am also pasting in the website information below. The State Department cannot submit such a request on your behalf.

 
Regarding any official request by a Mexican Government Official for these records, I can advise you that if such a request is received by the U.S. Embassy, it will be handled through normal diplomatic procedures.

 
As always, we are available to speak with you.  We look forward to hearing more updates as your case progresses.

 
Sincerely,


Hank Meyer

Country Officer, Mexico (B-C, D)

(202)663-2303
 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD

 
Freedom of Information Act (FOIA)


USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:

 
U.S. Citizenship and Immigration Services National Records Center, FOIA/PA Office P. O. Box 648010 Lee’s Summit, MO 64064-8010 Live Assistance: 1-800-375-5283 Fax (816) 350-5785 uscis.foia@dhs.gov

 
Making a FOIA or PA request:

 

1.  To Request USCIS Records:  Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above.



ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING.  Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required.   

Please see the Freedom of Information Request Guide for detailed information necessary to process your request.   

If you are able to scan the subject of record’s notarized signature or signature made under penalty of perjury, we will accept your FOIA request as an attachment to an e-mail at uscis.foia@dhs.gov.

2.  Personnel-related FOIA requests:  Effective October 1, 2009, please send personnel-related FOIA requests to the address above.

 

3.  To Request Certifications:  Certification of Nonexistence of a Record involves an agency decision.  The USCIS Office of Records Management prepares this documentation.  Requests for this service should be addressed to U.S. Citizenship and Immigration Services, ATTN: Records Service Branch, 1200 First Street, NE, 2nd Floor, Washington, D.C. 20529-2204.

 

4. To Request Customs and Border Protection records:  Mail all requests for non-Alien file Customs and Border Protection records to:

 

        U.S. Customs and Border Protection

        FOIA Division

        799 9th Street NW, Mint Annex

        Washington, DC 20229-1177

 

        The phone number for the CBP FOIA office is (202) 325-0150.

 

5.  USCIS does not collect Social Security Numbers in connection with FOIA or PA requests.  When forwarding any documents to USCIS related to a FOIA or PA request, please ensure all Social Security Numbers are blanked out or removed.

 

Check The Status of Your Request Online:

 

The National Records Center has created an electronic FOIA/PA status check that allows requesters the ability to obtain the status of pending requests online.   To check the status of your request, just click on “FOIA Request Status Check” located under “Related Links” and provide the control number assigned to your request by the National Records Center.

If you are a bond obligor, send your request to:

 

        FOIA Office, U.S. Immigration and Customs Enforcement

        800 North Capital St., NW

        5th Floor, Suite 585

         Washington, DC  20536

        • Alternatively, you may fax your request to (202) 732-0310

        • Alternatively, you may e-mail your request or questions to the following address:  ice-foia@dhs.gov.

 

Reading Rooms:

 

1.  Conventional Reading Room:

 

The USCIS Public Reading Room is located at 111 Massachusetts Avenue, N.W. 1st Floor, Washington, D.C. 20529.  The hours of operation are 9:00 a.m. to 3:00 p.m., Monday through Friday.  The Reading Room is closed on Federal holidays.  Please contact the Freedom of Information Office at (202) 587-9720 to make arrangements to view information in the Reading Room.  At this on-site location you can review information that has been placed in binders and shelved, or you can take advantage of two computers made ready for electronic viewing of information maintained in our Electronic Reading Room.

 

The majority of information in our public reading room is made up of Administrative Decisions.  The numerous Decisions have been indexed and categorized to assist you in navigating to your desired document.

 

2.  Electronic Reading Room (ERR):

The ERR includes frequently requested records, opinions, policy statements, and staff manuals/instructions to staff, created after November 1, 1996.

 

Multitrack Processing:

 

USCIS uses a three-track system to process FOIA requests.

 

Track One:  Routine requests;

Track Two:  Complex inquiries that normally necessitate additional search and review time; and Track Three:  Requests by individuals scheduled for a hearing before an immigration judge.

Track Three became effective March 30, 2007.  It consists of FOIA requests of individuals who are scheduled to appear before an immigration judge.  The new track allows for accelerated access to A-files requested through the FOIA process, provided an individual or the individual’s representative includes at least one of the following documents with the FOIA request:

 

Notice to Appear (Form I-862) documenting a future scheduled date of the subject’s hearing before an immigration judge; Order to Show Cause (Form I-122) documenting a future scheduled date of the subject’s hearing before an immigration judge; Notice of Referral to Immigration Judge (Form I-863); or A written request of continuation of a scheduled hearing before the immigration judge.

Requesters wishing to move a pending FOIA request to this new Track Three for processing must resubmit the request and comply with the above requirements.

 

Notice of this new track was published in the Federal Register February 28, 2007.  A link to the Federal Register Notice is located under "Related Links" on this page. 

 

USCIS National Customer Service Center:

 

If you have any questions concerning your pending FOIA/PA request, please call the National Customer Service Unit at 1-800-375-5283. Alternatively, you may fax inquiries to the National Records Center at (816) 350-5785, or e-mail your questions to uscis.foia@dhs.gov.  Please note that the National Records Center can help you with matters concerning your FOIA/PA request, but cannot assist you concerning any pending Applications or Petitions or any other type of immigration matter.

   
“What you seek is seeking you.”
― Rumi

Offline SageDad

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Re: Communications with the Office of Children's Issues
« Reply #2 on: September 06, 2011, 11:53:39 AM »
Carlos Bermudez <-------@gmail.com>   Wed, Jul 13, 2011 at 1:52 AM 
To: Hank Meyer <--------@state.gov
Cc: "U.S. Consular Agency San Miguel de Allende" "Renner, Scott M" "Martínez López, Reyna María Aurora" "Hollabaugh, Allison," "Asher Hildebrand", "Cristina Jacome", "Rene Collins", "Henry Spears", "Dave Russell", "Fernando Muñoz", "Susan Jacobs", , ELLIOT QUIROZ JUAREZ , Gloria Juárez Sandoval, Alyscia Ellis

Mr. Meyer,


Frankly, I don't know why I expected anything else, but your response is unacceptably vague, evasive and totally lacking in information that is of any use to me whatsoever. 


Although it's impossible to tell if it's the case based on the way you have worded your response, it is my expectation that your office has directly received the official request for documents that was presented to Consular Officer Clancy and is taking steps to ensure they are provided promptly. 


In addition to this response, which I will also post online in the interest of transparency and demonstrating what it, apparently, means when your agency claims to "place the highest priority on the welfare of internationally abducted children," I will be contacting my representatives in Washington for assistance in dealing with a federal agency that, even after years of "working" this case (including reporting on it to the US Congress for it remaining unresolved for years and me giving testimony before a Congressional committee on the same) continues to demonstrate a lack of will and initiative to do anything more than offer me empty platitudes and excuses when what I need are actions and solutions.


I did not submit a request for my wife's immigration, entry/exit and Social Security records as a private citizen for use in so-called "private litigation" under the Hague Abduction Convention.  After attempting to do so with this office on multiple occasions I would not waste my time doing so again. 


This is not an FOIA request and I can't imagine how, in any way shape or form, it could have been construed as such in good faith.  Notwithstanding the fact that, even if this were an FOIA request that was subject to the terms of the Privacy Act, I remind you and your office, once again, that according to the FOIA section 222 (f) which says:


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


(f) The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, 1a/ except that--


(1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.


(2) the Secretary of State, in the Secretary's discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State's computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database--


(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or 


-----------------------------------------------------------------------------------------------`


explicit exceptions have been established for the types of documents and purposes I am requesting.


Regardless though, what I submitted to US Consular Officer Ed Clancy in San Miguel de Allende, Mexico was an official and certified request from a Mexican Federal Prosecutor for documents to be used in an official and public criminal investigation against my wife for federal charges of child trafficking, fraud and abuse directly arising out of my son's abduction and her actions since in and out of Mexican courts in perpetuating his subsequent illegal retention. 


While I sat in Consul Ed Clancy's office he personally called the federal prosecutor in charge of the investigation at the local branch office of the Mexican Agencia Federal de Investigación (AFI or the Mexican FBI) who confirmed making the request.  Consular Officer Clancy told me he would scan the request and have it in the offices of the US Embassy in Mexico that same day.  Notwithstanding the fact that, even before I submitted this request to Officer Clancy five days ago I sent you a photocopy of it attached to the very email you are responding to.


Although the information has been requested by, and should be delivered to, the PGR (Procudaria Federal de la Republica) directly, since the child victim of these crimes just so happens to be my son, and the complaint under which this investigation was initiated was submitted by me, I do have a very personal interest in ensuring that the requested information is delivered promptly.


As such, can you tell me exactly what it means to you that:


"Regarding any official request by a Mexican Government Official for these records, I can advise you that if such a request is received bythe U.S. Embassy, it will be handled through normal diplomatic procedures."


Because when I read the "Foreign Affairs Manual 1710 CHILDREN’S ISSUES INTERNATIONAL PARENTAL CHILD ABDUCTION,"published by the US State Department and "2 FAM 510 SERVICE OF LEGAL PROCESS" it is not at all clear to me.


What is clear to me is that, three years ago, when the family (civil) court judge requested that a US criminal background check be done on me through the US Embassy in Mexico that request was forwarded directly to the Office of Children's Issues by Fernando Muñoz of the US Embassy in Mexico and my previous Office of Children's Issues caseworker told me I would need to provide this information personally by going to every police station with jurisdiction over every area I'd ever lived in and request copies of any records they had for me.  Was that "normal diplomatic procedures" and, if so, why is your office now trying to bury me in bureaucratic red-tape and, if not, why are requests for information intended to assist the abductors of American children prioritized higher than the requests of their left-behind American parents?  Not to mention the fact that the documents I'm requesting, which make plain the trivially verifiable fraud of my wife's formal claim to have been an illegal alien in the United States or to have not returned to the United States since October 2007, are of infinitely greater relevance to the Hague case for my son than the extended fishing expedition into my personal background that the US Embassy and the Office of Children's Issues had no objections to indulging in. 


It also bears noting that there is something deeply perverse about the fact that your office is using my wife's US Residency as a pretext to protect her "private" information from me, her legal US husband, under the Privacy Act, while she attempts to justify her illegal abduction and retention of our American son by claiming she has no legal status in the United States and hence no legal right to the protections provided by the Privacy Act.


In my own efforts to understand what "normal diplomatic procedures" means I have invested considerable effort in understanding State's own "Foreign Affairs Manuals."  Admittedly, though the impression I get in reading them is consistent with my own personal experiences in relation to the US Foreign Service having a double standard of assisting foreigners, even when there is ample probable cause to believe that they have committed crimes against American children, while refusing to help, if not actively obstructing, their American parents.  Just one such limited example are the sections:


"7 FAM 1713.3  Protecting Information About the Taking Parent"


and


"7 FAM 1713.4  Releasing Information About the Left-Behind Parent (LBP) to the Taking Parent (TP)"


Whose very names imply a disposition to obstruct requests from the LBP (aka the American parent of an abducted American child) while facilitating requests made by the TP (aka the international abductor of an American child in contravention of US State, Federal and International law.)  Which really begs the question of whether or not your office and the broader Department of State is sure which country it works for.


While on the topic of facilitating requests by foreigners against Americans, when I send you an email from my personal email address I'd appreciate it if you would not respond to my work email address. 


When a wanted US fugitive in Greece that abducted an American child from her American custodial mother, neither of whom are connected to me in any way, personally submitted a request to a US Federal District Court for access to my IBM email records for use in some supposed criminal investigation against Ernie Allen, the CEO of the NCMEC, for which he was supposedly assisting the Greek criminal prosecutor (though he provided no evidence of such) and for which my work emails were supposedly evidence of Ernie Allen's supposed crime (again with no evidence of the same,) the US court had no problems serving a subpoena directly upon IBM for access to my work emails related to international child abduction.  Going forward I'd prefer that the legal department of my employer not be further involved in the US governments willingness to assist foreign fugitives from American justice to engage in fishing expeditions while grossly violating the personal privacy of American citizens.


Ín closing, before you send me some laundry list of other offices that I am supposed to contact directly, or some other series of hoops that I'm supposed to jump through until I exhaust my, very limited, resources or give up in exhaustion, I remind you that your office is the designated US Central Authority on the Hague Abduction Convention and, as such, obligated to perform the duties under Article 7 of the same which include coordinating any and all such requests with other government agencies directly (judicial or administrative) rather than disengeniously trying to shift the burden and legal costs of the same unto me.


It is more than enough that I have had to struggle against authorities in Mexico who don't understand their duties or are unwilling to uphold their commitments to protect abducted American children, but it is simply beyond the pale that I must do the same with my own government's offices whilst they continue to wax poetic about how seriously they take this issue.


Email: -------@gmail.com
Cell Phone (Mexico-Telcel): ----------
Calling from the US: 001 52 -----------
« Last Edit: September 06, 2011, 12:33:38 PM by SageDad »
“What you seek is seeking you.”
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Offline SageDad

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Re: Communications with the Office of Children's Issues
« Reply #3 on: September 06, 2011, 12:31:39 PM »
Basically OCI is saying a lot of the same nonsense they said to me a year ago when I requested this information without the backing of a formal request from a Mexican Federal Prosecutor pursuing a criminal investigation for child trafficking.

http://bringseanhome.org/forums/index.php/topic,3443.msg74130.html#msg74130

It was a bunch of BS then and remains so now, actually much more so.

OCI fights me so hard on giving me this information even though I'm sure they have it sitting right in my file that I can't help but wonder if they are hiding something.  Like maybe my wife has entered and left the US since I reported the abduction.

Or maybe at this point I've criticised them so much (and rightfully so) that they feel like if they help me get my son back, albeit years later, my criticisms will have the added validity of everyone being able to plainly see that I am a good father to my son who should have never had to fight for so long...   Or maybe they're just acting like spoiled kids who want to see me suffer for calling them out on wearing the emperor's new clothing.

If the idea is that they don't assist parents who criticize them for not doing their job and they think that's going to make other parents not criticise them as well they are using logic just as faulty as my wife when she tries to force me to sign away my legal rights in order for her to, supposedly, let me enjoy some measure of my God given right to be a father.  You can't trust someone not to screw you who starts out by screwing you and then demands you trust that they will stop if you give them what you want.  It's a fools wager that I would never accept when the stakes are so high.
« Last Edit: September 06, 2011, 12:34:25 PM by SageDad »
“What you seek is seeking you.”
― Rumi

Offline Jara

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Re: Communications with the Office of Children's Issues
« Reply #4 on: September 06, 2011, 10:48:02 PM »
Wow!  You've busy!  But in perspective, your spending some time with your son, inconvenient as it may be.
Thanks so Much!
Jara and Theo

Offline rmakielski

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Re: Communications with the Office of Children's Issues
« Reply #5 on: September 07, 2011, 12:44:23 AM »
I believe that if the State department does not honor a FOIA request a Motion to Compel is the only recourse.
Of course this means filing the motion in Federal Court and more expenses.
http://www.law.cornell.edu/rules/frcp/Rule37.htm#Rule26_a_Federal Rules of Civil Procedure Rule 37:
On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

Its almost 6 months since the State Department made the initial form-letter "we received your request"  My next step is to send a certified "good-faith" letter to the State Department.

Are there any LBPs that have passed the "good-faith" milestone?
Perhaps all the LBPs can collectively fashion a strategy to get the State Department to comply with the FOIA and provided documents  promptly.
I place the my children rights above my own; Children have the right to have a relationship with both parents; I stand against domestic violence and child abuse; The amicable return of Abducted children is the best solution; I will obey the laws of the United States

Offline L.E.R.P.

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Re: Communications with the Office of Children's Issues
« Reply #6 on: September 07, 2011, 01:31:42 AM »
Bypass FOI / US State Dept!

Reach in for information from your Congress man/women & Senator.

Dept of Social Security is directly accountable to Congress & Senate!

Dept of SSA has an I.G. Inspectors General.

"May 14, 2011. Let me reasure the witnesses here today; we work for you it is not the other way around Cong. Chris Smith NJ
Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.