The Federal Tobacco Lawsuit

The Lasker Lobby, with its Skull & Bones accomplices, and their foundation tentacles, took over our health establishment and turned it into a factory of fraud to serve their totalitarian social engineering agenda. THEY are the ones who have lied for decades about the health risks of smoking, by deliberately using defective studies to falsely blame smoking for diseases that are really caused by infection, and murdering millions by suppressing research. And, they took over the boards of directors of the tobacco companies to make sure there wasn't a real fight - Mary Lasker's stepson was even on the board of Philip Morris. The Council for Tobacco Research was full of American Cancer Society officials, and plundered smokers for their own pet projects, which had no conceivable benefit to smokers. Now, who does the US Department of Injustice want to force to pay for the plunder of smokers? SMOKERS THEMSELVES. And, REMEMBER - NEVER FORGIVE AND NEVER FORGET - how the dirtbag Department of Injustice looked the other way, while the anti-smokers purposely spread the Big Lie that smoking is an economic burden, in order to lay the foundation for the fraudulent state lawsuits - which the tobacco companies deliberately threw by letting Jonathan Samet get away with perjury, and then settling out of court, because they were afraid they might win anyway.

According to The Wall Street Journal, May 27, 1999, "When the Clinton administration began considering an anti-tobacco suit in 1997, the standard decision left top Justice Department officials extremely dubious. At a Senate hearing, Attorney General Janet Reno seemed unequivocal, 'The federal government does not have an independent cause of action,' she said. But the department came under heavy pressure to reconsider. The White House argued that the fight was more political than legal: 'just sue and the industry will settle.' The Justice Department countered that it doesn't pick fights that it doubts it can win on the legal merits. Ironically, one of the department's most ardent naysayers of the suit was Civil Division Chief Frank Hunger, widower of Vice President Al Gore's sister, who died from smoking-related lung cancer in 1984." Clinton chief of staff John D. Podesta under questioning by Thomas J. Frederick of Winston & Strawn, for Philip Morris USA Inc. and Altria Group Inc.: "Q. All right. And do you recall during those meetings anyone from the White House -- associated with the White House making the argument that the government should just sue because the industry would settle? MR. KLONTZ: Mr. Podesta, I instruct you not to answer that question unless the answer has been disclosed beyond the executive branch. I believe that the answer to that question is protected by executive privilege as well as attorney-client and work product privileges." (In: Deposition of John David Podesta, August 1, 2003, UNITED STATES OF AMERICA v. PHILIP MORRIS USA INC. 01 Aug 2003, pp. 40-41.)

Deposition of John David Podesta, Aug. 1, 2003 / UCSF (pdf, 111 pp)

So, someone at the Clinton White House knew that the tobacco companies were controlled by the anti-smokers, and the so-called "fight" was rigged. The tobacco industry settled the Minnesota tobacco lawsuit despite (or perhaps because of) the fact that they seemed to be winning, and for more money than the anti-smokers were demanding. And, the US Department of Justice has failed to show even a single example of scientific fraud by the tobacco industry, while overlooking mountains of it by the anti-smokers.

"The Justice Department has filed hundeds of pages of testimony from expert witnesses asserting that for years the tobacco industry used deceptive marketing practices to reap billions of dollars in illicit profits from smokers who became addicted to cigarettes before they were 21 years." (Papers allege big tobacco made billions off deceptive practices. Washington Post (Minneapolis Star Tribune) 2001 Nov 18.) This accusation that ads merely showing people smoking and enjoying it are a "deceptive practice," is coming from the mouths of those who've looted trillions of dollars from the American people by using corrupt science. And by corrupting our legal system with the spectacle of show trials where the outcome is preordained, because they control both sides!

A tobacco lawyer died on the witness stand from an aortic aneurysm, a disease caused by infection, which anti-smokers falsely blamed on smoking by using defective studies that exploit confounding. Former Shook, Hardy & Bacon attorney Donald Hoel was being interogated on the witness stand about the tobacco companies' supposed "concealment" of the phony "dangers" of secondhand smoke, whose sniveling little odds ratios of ca. 1.2 are based on deliberately fraudulent studies designed to falsely blame smoking for diseases caused by infection, when he collapsed and died from a disease whose odds ratios with Chlamydia pneumoniae infection exceed 6. (Witness Has Aneurysm During Tobacco Trial. Nancy Zuckerbrod. Associated Press, Oct. 20, 2004.)

It's as if the Lasker syndicate -- the cartel consisting of the American Cancer Society, American Heart Association, American Lung Association, and American Public Health Association, and its mastermind, the Lasker Foundation, which took control of the National Institutes of Health in the 1940s -- looked at its own systematic conspiracy, fraud, and racketeering, and then pointed their finger and accused the tobacco industry of doing what they themselves did (with trumped up charges, since no one has ever approached the magnitude of the Lasker Syndicate's operations). In fact, if you simply changed the word "defendants" to the word "plaintiffs," in the US Department of Justice's lawsuit against the tobacco industry, it would be an accurate representation of the truth.

Read the following from the US DOJ tobacco lawsuit with the multitude of accounts of the Lasker Syndicate's wrongdoing in mind, and reverse those two words: "In all relevant respects, defendants acted in concert with each other in order to further their fraudulent scheme. Beginning not later than 1953, defendants, their various agents, and their co-conspirators, formed an "enterprise" ("The Enterprise") as that term is defined in 18 U.S.C. § 1961(4). That Enterprise has functioned as an organized association-in-fact for more than 45 years to achieve, through illegal means, the shared goals of maximizing their profits and avoiding the consequences of their actions.

"In order to avoid discovery of their fraudulent conduct and the possibility that they might be called to account for their conduct, defendants engaged in a widespread scheme to frustrate public scrutiny by making false and deceptive statements and by concealing documents and research they knew would have exposed their public campaign of deceit. This scheme included making false and deceptive statements to the public and in congressional, judicial, and federal agency proceedings.

"Defendants' tortious and unlawful course of conduct has caused consumers of defendants' products to suffer dangerous diseases and injuries. As a consequence of defendants' tortious and unlawful conduct, the Federal Government spends more than $20 billion annually for the treatment of injuries and diseases caused by defendants' products. [This is a lie; the government profits from smokers' deaths and thus has no legitimate claim of economic injury on which to base a lawsuit. The media conspirators purposely spread this Big Lie to lay the foundation for this lawsuit. -cast] The effect of defendants' fraudulent scheme and wrongful conduct continues to this day; defendants are continuing to prosper and profit from their unlawful and tortious conduct; and, unless restrained by this Court, defendants are likely to continue their unlawful activities into the future.

In fact, during the early years, the conspiratorial activities of the Lasker Syndicate were widely commented upon by numerous impartial observers. A few accounts even appeared in the mainstream media. In later years, the very existence of the Lasker Syndicate has been concealed by the media, the better to deceive the public with a concocted tale of tobacco industry conspiracy.

The US DOJ Tobacco Lawsuit / US Department of Justice

The trial commenced on September 21, 2004, and the United States filed its post-trial Proposed Remedies Order On June 27, 2005. Because the DOJ's postings merely list by week without identifying who testified, here are the witnesses:

Week 1, Dr. David Kessler written direct testimony / U.S. Department of Justice
Week 2, Dr. Allan Brant; Dr. Jonathan Samet written direct testimony / U.S. Department of Justice
Week 3, Lorraine Pollice; Dr. William A. Farone written direct testimony / U.S. Department of Justice
Week 4, Dr. Jeffrey Harris written direct testimony / U.S. Department of Justice
Week 5, Reginald Simmons written direct testimony / U.S. Department of Justice
Week 6, Dr. Michael Weitzman; Gregory Wulchin written direct testimony / U.S. Department of Justice
Week 7, Dr. Neal Benowitz written direct testimony / U.S. Department of Justice
Week 8, Paul C. Mele written direct testimony / U.S. Department of Justice
Week 10, Jack E. Henningfield; Robert J. Dolan; Frank J. Chaloupka written direct testimony / U.S. Department of Justice
Week 11, Dean Krugman written direct testimony / U.S. Department of Justice
Week 12, Victor J. DeNoble II written direct testimony / U.S. Department of Justice
Week 14, Anthony Biglan written direct testimony / U.S. Department of Justice
Week 15, Paul Slovic written direct testimony / U.S. Department of Justice
Week 16, Michael Eriksen written direct testimony / U.S. Department of Justice
Week 17, Jeffrey Wigand; Michael L. Watkins written direct testimony / U.S. Department of Justice
Week 18, John St. Vincent Welch written direct testimony / U.S. Department of Justice
Week 19, Neil Weinstein; David M. Burns written direct testimony / U.S. Department of Justice
Week 21, Ira Ockene; Cheryl G. Healton written direct testimony / U.S. Department of Justice
Week 27, Timothy Wyant; Surgeon General Richard Carmona; Max Bazerman written direct testimony / U.S. Department of Justice
Week 28, Jonathan Gruber written direct testimony / U.S. Department of Justice [Jonathan Gruber went on to concoct healthcare plans for Massachusetts, California, and the United States]
Week 29, Michael Eriksen; written direct testimony / U.S. Department of Justice (pdf)
Week 29, Michael C. Fiore written direct testimony / U.S. Department of Justice (pdf)
Week 29, Matthew Myers written direct testimony / U.S. Department of Justice (pdf)

An incomplete posting of Altria's filings in the D.O.J. lawsuit.

Altria (Philip Morris) Filings / Altria

Other testimony

Deposition of William Samuel Simmons, Ph.D., Apr. 12, 2002, in UNITED STATES OF AMERICA v. PHILIP MORRIS USA INC. Director of Smoking and Health at R.J. Reynolds since April 1986. Before then, he was involved with the Premier project for the heated-tobacco cigarette; and he had been a biochemist at RJR until 1970, then at the U.S. Environmental Protection Agency in 1973. The papers he admitted reading in the past twelve months did not include anything on the role of infection as a cause of cancer and other diseases, only health fascist-approved drivel on genes and diet and oxidative stress, etc.

Simmons, Apr. 12, 2002 / UCSF (pdf, 118 pp)

Deposition of F. ALAN RODGMAN, Ph.D., June 26, 2002, UNITED STATES OF AMERICA v. PHILIP MORRIS USA INC. Taken by the plaintiff for discovery and evidence. Rodgman is a retired R.J. Reynolds scientist who also testified at Minnesota. There is no mention of recent knowledge of the role of infections as a cause of cancer.

Rodgman, Jun. 26, 2002 / UCSF (pdf, 280 pp)


Trial testimony of CHARLES RAYMOND GREEN, Ph.D., November 15, 2004 / UCSF (pdf, 87 pp)

Written trial testimony of STEVEN C. PARRISH, accepted January 25, 2005, UNITED STATES OF AMERICA v. PHILIP MORRIS USA INC.

Written trial testimony of STEVEN C. PARRISH, accepted January 25, 2005 / UCSF (pdf, 143 pp)

Trial testimony of EDWIN LUTHER BRADLEY, JR., Ph.D., and cross-examination of William E. Wecker, Ph.D. (p. 117). March 15, 2005, UNITED STATES OF AMERICA v. PHILIP MORRIS USA INC., for defendants on epidemiology. There was no mention of "virus."

Bradley, Mar. 15, 2005 / UCSF (pdf, 193 pp)

Government's closing statement, June 7, 2005, UNITED STATES OF AMERICA v. PHILIP MORRIS USA INC.

Government's closing statement, June 7, 2005 / UCSF (pdf, 214 pp)

{Tobacco Escapes Huge Penalty. U.S. Seeks $10 Billion Instead of $130 Million. By Carol D. Leonnig. Washington Post, June 8, 2005; A01.) The health fascists think that a $10 billion / five years handout to the anti-smokers is not an enormous sum to inflict on the innocent people who would have to pay for their own persecution. Babbled the Washington Post: "The strength of the government's case hinged on a large collection of internal tobacco company documents, many of which were never before made public. The government began its case in September by showing on an oversized projection screen the written memos of tobacco executives and scientists as they described their plans to keep customers in the dark about whether their habit was addictive or dangerous and to encourage young people to smoke." This statement is pure fanatical lunacy. In order to show any such supposed conspiracy to "keep customers in the dark," the Justice Department would have to show how the tobacco industry could do such a thing, when the Lasker Lobby controlled the health establishment, suppressed research on the role of infection, and used vast amounts of our tax dollars to crank out propaganda based on fraudulent and defective studies - which their media accomplices eagerly publicized while aggressively censoring citizen attemps to debunk them (which the tobacco industry has never done).

Tobacco Escapes Huge Penalty, June 8, 2005 / Washington Post

The anti-smokers blame the Justice Department's change of plans on Associate Attorney General Robert Davis McCallum Jr., Skull & Bones 1968, a crony of President Bush since their Bones days. McCallum said that DOJ had to conform to the Appellate Court decision that any damages must be "forward-looking." (Lawyers Fought U.S. Move to Curb Tobacco Penalty. By Eric Lichtblau. New York Times, June 16, 2005.) [Background on McCallum: Robert D. McCallum of Memphis, Tenn., was one of four individuals and eight corporations indicted for collusive bidding on Commodity Credit Corporation cotton in 1954-55. (Rigging charged on C.C.C.'s cotton. New York Times, Mar. 29, 1956.) Robert D. McCallum Jr. of Memphis, Tenn., was named captain of the Yale freshman tennis team. (Yale Names Two Freshmen To Captain Spring Teams. New York Times, May 2, 1965.) He was a Rhodes Scholar. (Rhodes Scholarships Are Given to 32 Americans. New York Times, Dec. 18, 1967.) David Batshaw Wiseman, Skull & Bones 1984, is also an attorney in the Civil Division of the Justice Department. (George W's Appointed Bonesmen.

Lawyers Fought U.S. Move to Curb Tobacco Penalty /
George W's Appointed Bonesmen /

Anti-smoker Congressmen Rep. Martin T. Meehan and Sen. Henry Waxman wrote to the Inspector General of the U.S. Justice Department, demanding an investigation for supposed "improper political influence" behind the D.O.J.'s reduction of the anti-smokers' demand for $130 billion to finance their persecution of smokers. Speaking of "improper political influence," we are still waiting for someone to investigate the corrupt genesis of the "EPA ETS report," via illegal pass-through contracts to a handpicked anti-smoking activist associated with the American Lung Association, with a crony of both George W. Bush and anti-smoker Sen. Frank Lautenberg on the board of directors of the company that handled the pass-through, which firm also employed one of the investigators in the mouse inhalation study used by the government as an example of the tobacco industry supposedly suppressing research. (Rep. Martin T. Meehan and Sen. Henry Waxman, letters to Glenn A. Fine, Inspector General, U.S. Department of Justice, June 8, 2005 and June 9, 2005.)

Meehan & Waxman, June 8, 2005 / U.S. House of Representatives (pdf, 3pp)
Meehan & Waxman, June 9, 2005 / U.S. House of Representatives (pdf, 2pp)

Concealing anti-smoker greed behind a façade of concern about health, fifty members of Congress (including Sen. Herb Kohl, D-WI) signed a June 15, 2005 letter to U.S. Attorney General Alberto Gonzales demanding that the D.O.J. restore its demand for $130 billion. The others are Frank Lautenberg, Ted Kennedy, Henry A. Waxman, Mark ?, Dick Durbin, Patrick Leahy, Tom Harkin, Jack Reed, Barbara Boxer, Barbara A. Mikulski, John F. Kerry, Hillary Rodham Clinton, J. ?, Chris ?, ? ?, Ron Wyden, Bill Nelson, Paul S. Sarbanes, M? C?, Mary L. ?, Jim M?, Peter De ?, Dale E. Kildee, ? Kaptur, Lois Capps, ? ?, Danny K. Davis, Cris Van Vollen, Lloyd Daggett, Jim ?, Daniel Lipinski, Z? ?, Jim McDermott, John Lewis, Rush Holt, Frank Patton Jr., John Conyers Jr., Robb L. Rust, Gary L. ?, Rosa L. ?, Nita M. Lowey, ? ?, J? N?, Elijah E. Cummings, ? ?, ? ?, Edward J. Markey, John F. Tierney, and Barney Frank.

Letter to A.G. Gonzales, June 15, 2005 / Center for Tobacco-Free Kids (pdf, 6pp)

The Definition of Conspiracy

Words from the US Department of Justice lawsuit which ought to be used verbatim or adapted for a RICO lawsuit against the Albert and Mary Lasker Foundation, the American Cancer Society, the American Heart Association, the American Lung Association, the American Public Health Association, et al.

The Definition of Conspiracy

Bob Dole, Tobacco Racketeer. By Jonathan Rauch. National Journal 1999 Oct 1. "Examining this lawsuit is like watching a drunken driver who, before crashing into a church during high Mass, also manages to shred an ornamental garden, knock down two traffic lights, uproot a fire hydrant, and clip a police station. If, in this article, I mostly dwell on the grand finale, that isn't because I'm unimpressed with the fine points of law and sense that the Administration mows down along the way." This is the only editorial to highlight the key fact that the government suffered no net damages, it profited from smokers' deaths. Unfortunately, Rauch does not realize the other key fact: THAT IT'S THE GOVERNMENT THAT LIES ABOUT THE HEALTH EFFECTS OF SMOKING.

Rauch / National Journal 1999

The "Odd" Consultancy of Michael V. Ciresi

From The Heritage Foundation Backgrounder, Federal Litigation Against the Tobacco Industry: Elevating Politics Over Law. No. 1315, Jul. 30, 1999. By Todd F. Graziano.

"The third and rather dubious step the DOJ took toward the filing of a suit was to hire a consultant, Michael Cerisi, who was the lead attorney hired by Minnesota in its suit against the tobacco companies. It is odd, to say the least, that a Department with some of the best and brightest attorneys in the country thought it had to formally consult an outside lawyer.

"The DOJ says that Ciresi's knowledge of the tobacco industry documents made him valuable, but the content of those documents is irrelevant to whether the federal government has a valid cause of action to recover Medicare costs. What is even more improper is that the DOJ would not publicly disclose the complete terms of its contract with Ciresi. Ciresi's law firm demanded about $550 million in fees from its work on the Minnesota case. Although Ciresi supposedly agreed to work at a 'reduced' hourly rate for the federal government until June 30 of this year, the DOJ has not ruled out the use of outside contingency-fee lawyers in the future.

"...When the DOJ expressed its serious legal qualms about pursuing a legal case 'that it doubts it can win on the merits... the White House argued that the fight was more political than legal: Just sue and the industry will settle.' According to the same article, 'The Justice Department eventually relented and put together a team stocked with longtime tobacco industry foes.'

"Apparently, the DOJ has found some anti-tobacco activists who are not concerned with manipulating the litigation process for cause-oriented purposes. At this point, they just want tens of millions of dollars from Congress for their efforts; the basis for the suit apparently will come later.

Graziano / The Heritage Foundation

It's pretty obvious: They brought in Ciresi because they couldn't count on Justice Department lawyers to do it exactly the way the Lasker conspirators wanted it to be done, as an outrageously bogus public spectacle for propaganda purposes (while looting as much of the public's money as possible, in true Lasker style.)

Ciresi / Robins Kaplan Miller & Ciresi

Cindy Lebow of RKMC: Greasing the skids for the federal lawsuit, 1996

A Notice of Policy published in the Federal Register, July 15, 1996;61(136):36895-36913, on the Alternative Dispute Resolution Policy of the civil litigating components of the US Department of Justice, was intended to facilitate settlements versus litigation. Cindy Lebow, who was formerly with the Robins Kaplan Miller & Ciresi law firm, was on the Civil Division ADR Committee that drafted it.

Notice of Policy, 1996 / US Department of Justice

Lebow's practice at RMKC included product liability, mass torts, consumer class actions, and legislative and regulatory affairs. Also, it would be nice to know what relation, if any, Cindy Lebow has with Bennett LeBow, CEO of the Brooke Group which owns Liggett Tobacco, the smallest of the six major tobacco companies. Lebow was also on the International Board of Advisors of the Foundation for Genetic Medicine, whose purpose is to propagandize for the Lasker genetics agenda. Other members of this foundation include C. Thomas Caskey of the Lasker-associated Washington Advisory Group; Marjory Shultz, legal advisor for the Clinton Health Security Act; and RWJF-associated Robert Mullan Cook Deegan; and also Daniel D. Garner, Chief of the Forensic Services Section of ICITAP at the US Department of Justice.

Funding through the back door

Even if Congress doesn't appropriate money for the tobacco lawsuit, the anti-smokers are still financing related efforts through alternative tax-funded sources. Under the laughable pretext that "These newly released documents present a unique opportunity to make vast amounts of previously inaccessible scientific information available to the public," the NIH is offering a grant to pore over the tobacco documents to concoct defamations and misrepresentations for use in the federal lawsuit. More than $250,000 is available for individual grants. As if the tobacco industry's pitiful little research program had anything that the anti-smoking vermin's corrupt, tax-funded behemoth could want. "Direct inquiries to Michele Bloch MD," of the anti-smoking National Cancer Institute Division of Cancer Control and Population Sciences, whose only "research" interest is hate propaganda; and which until very recently was controlled by Donald Shopland, who was an anti-smoking czar since the first Surgeon General report.

DCCPS grant for tobacco documents / NCI

Senate Judiciary Hearing, Sep. 5, 2001

Hearing Before the Committee on the Judiciary, Sep. 5, 2001. "Department of of Justice Oversight [SIC]: Management of the Tobacco Litigation." As always, it was a stacked decked of anti-smoking true believers, including, in classic Lasker Syndicate style, a stupid, ignorant citizen-pawn to jerk peoples' emotions. A witness from Morgan Stanley assured them that he thought the lawsuit "will ultimately be dismissed or otherwise resolved at little financial cost to the defendants," while fretting about the partnership between the federal government and the tobacco industry and "further taxes on people who in many cases can least afford them," which is exactly what the anti-smokers want. Sen. Orrin Hatch and a law professor from George Washington University expressed pedantic objections relating to "Madisonian democracy." To hell with Madison, that lawsuit is a pile of lies from one end to the other, and where is those bastards' oversight of THIS? One DOJ witness, Stuart E. Schiffer, the supervisor of the DOJ litigation team, offered the useful information that its current funding is $23.2 million.

Senate Judiciary Committee Hearing Sep. 5 2001 / US Senate

Six days later came the events of 9-11-2001. Perhaps we ought to make our political contributions to al-Qaida so they can finish up the job!

Damages Cost the Taxpayers

Self-righteous anti-smokers think they're punishing the tobacco companies with punitive damages, but the companies can simply deduct those punitive damages in calculating their federal income taxes. A measure recently approved by the Senate would repeal deductability for punitive damages, but it doesn't repeal the deduction for compensatory damages. Because most lawsuits are settled out of court, with the award in a single sum with compensatory and punitive damages combined, companies can pad the amount of compensatory damages. (Damages Control. By Gregg Polsky and Dan Markel. New York Times, Jul. 1, 2010.)



cast 07-01-10