Will We Still Be Unprotected After Impeachment?

Violations of the Emoluments Clause? The Washington Post columnist Karen Tumulty reports on Speaker Pelosi’s remarks:

Asked whether all of that is sufficient fodder for articles of impeachment against the president, House Speaker Nancy Pelosi (D-Calif.) earlier this week told a group of columnists: ‘There’s no question about that, right? We’ve had enough for a very long time. No, I think we have enough. But as long as there’s corroboration, we might as well get some more.’”

The bigger challenge, she suggested, may be deciding what not to include. One thing that is not likely to make the cut, she said, is Trump’s apparent violation of what he calls the “phony emoluments clause” — which is the Constitution’s very clear ban on government officials’ accepting gifts or payments “from any King, Prince, or foreign State.” 1

Public Sentiment? The Washington Post also posted a column on Speaker Pelosi’s thinking by Lincoln biographer Sidney Blumenthal:

Minority Leader Nancy Pelosi. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.
Minority Leader Nancy Pelosi. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.

 “Whatever Pelosi’s speculative tactical scenario, her account of Lincoln’s ideas about public opinion is badly mistaken. ‘With public sentiment, nothing can fail,’ Lincoln said. ‘Without it, nothing can succeed.’ Critically, however, Pelosi sees public opinion as something to follow. Lincoln saw it as something to shape.” 2

What Will Public Sentiment Be? If Dems ignore the elephant of Big Invisible Global (BIG) money in the room, will that be seen as protecting Biden and other past, present and future officials?

Public sentiment will be influenced by what is included and not included in the articles of impeachment.

If we don’t follow the money, we will not be able to make sufficient progress on our existential threats.

As I reported in Legal Reader last year, we the people, face existential threats including the Climate Crisis, Inequality, Instability and Injustice. 3

Each of us must do our part to build a progressive public sentiment, before it is too late.

Whistleblowers – Still Unprotected

Trump Threatens Whistleblowers:

Lawyers for a whistleblower who accused Donald Trump of pressuring Ukraine to intervene in the 2020 election warn that the President’s threats pose a grave risk to their client’s safety.” 1

Whistleblowers Unprotected – To This Day

“As President Trump intensified his public campaign Monday against the whistleblower whose anonymous complaint about the commander in chief helped spark an impeachment inquiry, legal analysts warned the person might soon face a grim reality.

Federal laws offer only limited protection for those in the intelligence community who report wrongdoing — even when they follow all the rules for doing so. Trump and his allies, analysts said, might face few, if any consequences, for outing the whistleblower or otherwise upending the person’s career.

“If he wants to destroy this person’s life,” said whistleblower attorney Bradley P. Moss, “there’s not a lot to stop him right now.” 2

Whistleblowers: Protectors of the People

When whistleblowers are unprotected, we all are unprotected and we all suffer. As I reported in Legal Reader last year, we the people, face existential threats including the Climate Crisis, Inequality, and Injustice. 3

Nearly 50 years ago I blew the whistle on the Nixon Administration for weakening automotive air pollution standards. 

Months later I was fired from EPA under its first (and then 5th) Administrator William D. Ruckelshaus and we have all had to breathe more auto caused air pollution for nearly 50 years. 4

Politicians, however, protect themselves very well. 

Reagan appointed Anne Gorsuch Burford to be the 4th EPA Administrator. She continued deregulation and was held in contempt of Congress. But her son is now Trump-appointed Supreme Court Justice Neal Gorsuch. 

Reagan then appointed Ruckelshaus to be the 5th EPA Administrator. 

Later George W. Bush appointed Christine Todd Whitman to head EPA. She was caught lying to the American people about their safety from air pollution from the September 11 attacks.

Today under Trump, EPA heads Scott Pruitt and Andrew R. Wheeler have taken deregulatory steps to lower already inadequate levels of protections of the people 

We the people suffer to this day. See how primarily Republican policies harm us all. 5

Note, I say primarily because President Obama awarded Ruckelshaus the Medal of Freedom after Ruckelshaus endorsed Obama in 2008 and Hillary in 2016 6

Who Will Protect Us Now?

U.S. Senator Elizabeth Warren speaking with attendees at the 2019 California Democratic Party State Convention at the George R. Moscone Convention Center in San Francisco, California. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.
U.S. Senator Elizabeth Warren speaking with attendees at the 2019 California Democratic Party State Convention at the George R. Moscone Convention Center in San Francisco, California. Image by Gage Skidmore, via Flickr, CC BY-SA 2.0, no changes.

Since 1777, the need to protect Whistleblowers has been recognized by Congress. 7

Senator Elizabeth Warren has an Anti-Corruption and Public Integrity Act that has many needed provisions, but presently lacks a Whistleblower Protection provision. Will she and other Presidential candidates step forward to protect whistleblowers and all of us now? 

DC Truck Underride Crash Tests Support New Safety Legislation

Two Moms, who lost daughters due to truck underride, organized public crash tests of cars into truck trailers – with and without lifesaving underride guards – to demonstrate need for passage of federal STOP Underrides! legislation…

Because No One Needs to Die Like This!

Car trapped under semi-trailer; image courtesy of author.
Car trapped under semi-trailer; image courtesy of author.

Relatives of truck underride crash victims held a public crash testing of cars into tractor-trailers — with and without lifesaving underride prevention technology. The underride crash victims’ families hail from North Carolina, Florida, Texas, Colorado, New York, South Carolina and Louisville KY metro area.

They were joined by members of Congress and vehicle safety engineering experts. 

Two side impact guard systems were tested: AngelWing and SafetySkirt. The crash tests provided a rare opportunity to witness firsthand the importance of the bipartisan/bicameral STOP Underrides! legislation, S.665 & HR 1511, that was introduced in Congress earlier this month.

In attendance were:

Marianne Karthof Raleigh, NC. On May 4, 2013, a truck collided with her family car on I-20 in Georgia, forcing their vehicle to spin around and crash under a truck trailer in front of them. Her daughters AnnaLeah (17) and Mary (13) were in the back seat.  AnnaLeah died instantly and Mary a few days later. Marianne’s husband Jerry and daughter Susanna accompanied her at this crash test demonstration.

Lois Durso of Marco Island, Florida. On Thanksgiving Day November 24, 2004, her daughter Roya and fiancé were involved in a truck underride crash in Michigan City, Indiana causing fatal injuries to her daughter.

Congresswoman Eleanor Holmes Norton (D-DC), Chair of the Highways and Transit Subcommittee, which has jurisdiction over the STOP Underrides! bill.

Underride Q&A Panelists:

  • David Friedman, Vice President for Advocacy at Consumer Reports, former CR Director of Cars and Product Policy and Analysis, former Acting Administrator of the National Highway Traffic Safety Administration (NHTSA).
  • Malcolm Deighton, engineer with Hydro, which supplies materials for manufacturing underride protective devices and trailer parts, and which produces comprehensive underride protection technology in Europe.
  • Glen Berry, Safety Director for Thomas Transport Delivery and truck driver with an AngelWing installed underride guard since 2017.
  • Perry Ponder, inventor of AngelWing, engineer with a truck trailer maker.

Other victim families were available for interviews:

Christa Hammack lost her daughter, Erin Alexander, in a side underride crash on May 4, 2018, in Texas. Christa lives in southern Indiana near Louisville, KY.

Katie Strader of Loveland, CO, lost her dad, Rod Cota, an ambulance worker, in a side underride crash on July 6, 2017, in New York (which caught bill sponsor Senator Gillibrand’s attention).

Eric Hein whose son, Riley Hein, died in a side underride crash in New Mexico.

Also available is a link to YouTube with previous underride crash testing video, photos of crashes and victims, and soundbites of relatives of crash victims, for your free and unrestricted use:

SAVE LIVES – STOP UNDERRIDES video, courtesy of Cool Breeze Studios.

More information on “STOP Underrides! Legislation (S.665 and HR 1511), a bill to reduce the number of preventable deaths and injuries caused by underride crashes:

S.665 was introduced by Sen. Kirsten Gillibrand (NY) and is cosponsored by Senators Marco Rubio (FL), Richard Blumenthal (CT), Ed Markey (MA), Tammy Duckworth (IL), Gary Peters (MI), Dianne Feinstein (CA), Ron Wyden (OR), Tom Udall (NM), and Cory Booker (NJ). The bill was referred to the Senate Commerce, Science and Transportation Committee.

HR 1511 was introduced by Rep. Steve Cohen (TN) and referred to the House Transportation and Infrastructure Subcommittee on Highways and Transit, chaired by Rep. Eleanor Holmes Norton (DC).

PETITION DRIVE

Americans can help end this many decades-old problem that’s claimed countless lives by signing this petition: Congress, Act Now To End Deadly Truck Underride!

WEBSITES

Karth Family’s truck safety website in memory of daughters AnnaLeah & Mary: http://annaleahmary.com/

Lois Dorso’s Save Lives-Stop Underrides website in memory of daughter Roya: https://stopunderrides.org/

TWITTER

@MaryandAnnaLeah

@durso_lois

FACEBOOK

@MaryandAnnaLeah  

A media representative from WUSA9 said they were on-site with Marianne and Lois for the crash tests. Here is the WUSA9’s Facebook page.

For the People

Dear Care for Crash Victims Community Members:
 
Having worked for the health and safety of the people since coming to Washington in 1966 to work on air pollution control, and later on auto safety, I have seen some successes and some progress, but not enough.
 
I have been working to get the word out through research and advocacy for more progress since I left government.
 
The last election gives us some hope for further progress as after January 2019, we no longer will have both Houses of Congress under control of the Republican Party.
 
Legal Reader has kindly published an article I submitted pro bono that notes existential threats why the public must persist.  See it at 
Lou

Elections – Why We All Should Care

Dear Care for Crash Victims Community Members:
 
Legal reader kindly published an article on this subject that I submitted pro bono.  See
https://www.legalreader.com/elections-why-you-should-care/
 
Over my more than 50 years working to advance the safety, health, and happiness of all Americans, I have never seen our national government sink so low as it has now.  It is not just auto safety.  As I point out it includes Climate Change, Inequality, and Injustice.
When I came to Washington, as a naive Goldwater Republican, in 1966 to work on air pollution control in the U.S. Public Health Service, I was privileged to work with many honest and dedicated people.  I was able to help reduce automotive emissions of lead and carbon monoxide.  But political power soon came with President Nixon to undermine governmental efforts to reduce pollution control.  See documentation at https://www.legalreader.com/50-years-of-legal-climate-change/
After being fired from EPA in 1971 as a Whistle Blower, I did public interest work to advance air pollution control until 1978 when I began work on auto safety.  See https://www.careforcrashvictims.com/about-louis-lombardo/
 
Again I was blessed to work with honest, dedicated and talented people to improve auto safety albeit for a too brief period of 3 years during the Carter Administration.   Then President Reagan was elected on the slogan “Make America Great Again”.  Under Reagan the air bag rule was rescinded, and NHTSA was reduced by 33% eliminating 300 people.  NHTSA to this day is still at the reduced Reagan level despite 8 years of Clinton and 8 years of Obama.  It took until 1983 for the Supreme Court to over rule the Reagan Administration’s rescission of the air bag rule.  See https://www.careforcrashvictims.com/assets/UnitedStatesSupremeCourtAirbagDecision.pdf
 
The auto safety accomplishments under the leadership of Joan Claybrook have resulted in tens of thousands of lives saved just by frontal air bags.  See  https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812494
The article on Elections contains live links to inspirational information on what we can do by Ralph Nader and Senator Sheldon Whitehouse.
 
We need to heed their wisdom!
 
Lou

While More than 50 Crash Victims Die Daily Without Hospital Care – NHTSA Erases Research Articles on Advances in Emergency Medical Care for Crash Victims

Dear Care for Crash Victims Community Members:
 
Legal Reader has kindly published an article I submitted pro bono on NHTSA’s latest travesty.
 
 
For more documentation and a back story I am adding the following information for the care for crash victims community.
 
26 Years After NHTSA Began New Efforts To Improve Emergency Medical Care
 
Today in the USA, more than 100 Americans die of vehicle injuries every average day with about 56% not being transported to any facility for emergency medical care.
 
For too many vehicle victims, emergency medical care resources that arrive are too often, too little, too uninformed, too ill equipped, and too late, to prevent tragic consequences of death, disability, and family devastation.   – This has gone on for far too long due to NHTSA’s failures to set safety standards.
 
Over the past 26 years, nearly 1 million Americans lost their lives due to vehicle injuries.  Many more suffered catastrophic injuries but survived with lifelong disabilities. Many could have been saved and disabilities ameliorated with faster and better emergency medical care.
 
On April 27, 2018, NHTSA issued a Federal Register Notice, not to finally propose standards, but to seek information on improving prehospital emergency medical care.  See  https://www.federalregister.gov/documents/2018/04/27/2018-08504/request-for-information-improving-prehospital-trauma-care
 
On July 4, 2018, I wrote an article criticizing NHTSA for more than a decade of inaction. See https://www.careforcrashvictims.com/blog/emergency-medical-care-for-crash-victims/
 
Within days, NHTSA acted to erase decades of research papers on the subject from the NHTSA website that showed what NHTSA knew about improving emergency care, and when they knew it.
 
NHTSA Cover Up Of Landmark Emergency Medical Care Research Findings
 
NHTSA erased the pioneering papers from the ESV Conference Proceedings on the NHTSA web site.  See  https://www.nhtsa.gov/research-data/enhanced-safety-vehicles
 
Now when members of the public go to the NHTSA ESV Proceedings website they cannot find the pioneering papers.
One can search for the papers and find the Title and Authors.  But click on one of papers in the Proceedings of the 18th ESV Conference, the NHTSA web site pops up with: 

ESV 18th Conference Search Result By AUTHOR
The author Howard Champion that you requested has 1 PDF report, click on the title below to select. Thank you.

 

No.:  Title: Authors:
1 Reducing Highway Deaths and Disabilities with Automatic Wireless Transmission of Ser Howard Champion / Jeffrey Augenstein / Alan Blatt / Brad Cushing / Kennerly Digges / Richard Hunt / Louis Lombardo / John Siegel
Authors:
 

404 – File or directory not found.

The resource you are looking for might have been removed, had its name changed, or is temporarily unavailable.

So to restore public access to readers I have added the correct title and placed the erased paper on my web site where the public can get it and other erased papers. See
 

To find this particular erased paper, and others, readers can scroll down the URGENCY list on my web site and click on
Reducing Deaths with Automatic Wireless Transmission of URGENCY Injury Probability Ratings from Crashes to EMS – 2003

The Erased History: The 1991 Mystery of a Fatal Airbag Crash Began New Efforts To Improve Emergency Medical Care

The NHTSA story of URGENCY efforts and occult injuries began on one of my projects.  In 1991, after more than a decade of work on getting airbags (automatic crash protection) into motor vehicles, I was directed to manage a grant to build a new Trauma Center at the University of Miami, Jackson Memorial Hospital.  A small percentage of the grant was devoted to research to study crashes, injuries, treatments, and outcomes for restrained (airbags and/or safety belts) occupants in frontal crashes.
 
We were quickly shocked by an airbag crash fatality in our second case (91-002) of the study.  Initially it was a major mystery.  Since the new Trauma Center had not yet been built the victim was taken to the busy Jackson Memorial Hospital (designated as a Level 1 Trauma Center at the time).  The patient did not meet trauma center admission criteria at the scene.  He was initially stable but then deteriorated.  In the OR they found massive internal injuries and were unable to save him.
 
I was tasked to bring together leading airbag engineers from the auto industry, academe, and NHTSA to help us understand what happened.  From the crash investigator’s report we found:
 
The victim was a 39 year old, 323 pound male, unbelted, that blacked out mid day in a new Volvo that was traveling at high speed.  The vehicle crashed first into a large bolted down traffic control box (sending it 95 feet into intersection) and then the vehicle crashed into an 18 inch square concrete traffic control pole.
 
Back then airbag researchers expected survival limits for 95th percentile males (225 lbs in 50 mph delta V barrier crashes where the dummy is belted) to be about 50 mph in a barrier crash.   The calculated delta V in this multiple impact crash was 55 mph, and the driver was unbelted, and he weighed 323 pounds – much heavier than the 95th percentile male.
 
Many questions arose.  Was he on the airbag after the first impact?  Was the Volvo airbag too aggressive causing the internal injuries?  An engineering student was assigned the task of doing his Masters degree thesis to understand the biomechanics of the crash injuries.  Many engineering questions could not be answered as there was insufficient data on the occupant’s kinematics in the seconds during the multiple impacts.
 
As this research was going on, one day a very experienced surgeon from the Trauma Center in Baltimore, MD working on another grant was in our NHTSA offices.  I described the mystery case to him and he quickly said that this was an emergency medical system communications failure.  Again I was shocked.  He explained that the emergency medical personnel both prehospital and at the hospital should have known from the crash severity and the femur fracture that this was a severe crash and should have been alert to potential internal injuries.  See https://www.careforcrashvictims.com/wp-content/uploads/2018/07/940714.1.1.pdf

i
With that insight we began NHTSA efforts to educate the EMS community nationwide about using information from the crash scene to detect internal injuries.  At the time Dr. Ricardo Martinez, an Emergency Physician, was the NHTSA Administrator.  We produced and published early warnings for the emergency medical care community.  See

https://www.careforcrashvictims.com/assets/airbag_SCENE-poster-1.pdf

In later years we worked to quantify the number and types of Occult injuries that were occurring and found it was in the thousands each year.  We created an Occult Injury Database.  See it at https://www.careforcrashvictims.com/assets/Occult.pdf
Improve Emergency Medical Care with ACN, URGENCY, & ADAMS

Subsequently in the 1990s we knew we needed to do better – and that we could do better with information technologies – to improve Emergency Medical Care decisions in triage, transport and treatment.

 
ACN First we envisioned using wireless to transmit from the vehicle an S.O.S.call for help instantly and automatically with data on crash occurrence, location, and crash severity.  We called it Automatic Crash Notification (ACN).  See https://www.careforcrashvictims.com/assets/automatic-crash-notification.pdf
 
URGENCY  Then we worked on creating a software algorithm capable of instantly and automatically calculating an estimate of the “probability of serious injury being present” in the crash.  Transmission of such crash information we believed could help EMS send crash appropriate resources such as rescue teams prepared with extrication equipment, skills, and vehicle specific information such as vehicle cut points.
 
Thus, at NHTSA we created URGENCY software in 1997.  It took a year of detailed analyses of crash injury data by a team of experts in crash statistics, vehicle safety, and emergency medical care.  The NHTSA Briefings are now publicly available as: NHTSA Statistical Reports on URGENCY 1.0 for Dr. Howard R. Champion Project 1997 at https://www.careforcrashvictims.com/home/urgency/
A Presentation and Briefing was given to NHTSA Administrator Ricardo Martinez and to NHTSA top management in March 1997.  See it at

 

ADAMS  We also worked on how notification of a crash, its location, and severity could be used to improve care by instantly calculating distances from Trauma Centers, Hospitals, Fire rescue teams and air medical resources.  The goal was to be able to get seriously injured people to definitive emergency medical care facilities and surgery within the “Golden Hour.”   To accomplish this, by 2003 we had organized a national Atlas and Database of Air Medical Resources (ADAMS).  See
The Atlas and Database of Air Medical Services (ADAMS) 2003

ADAMS has now been updated yearly for the past 15 years.  It has State by State maps and coverage areas for air medical rescue resources.  See  http://www.adamsairmed.org/public_site.html

In 2001, NHTSA had a new Administrator Dr. Jeffrey W. Runge who also was an Emergency Physician.  He too recognized the importance of educating the emergency medical community about the potential of internal injuries to be fatal.  He wrote:

“As an emergency physician I personally have learned from CIREN research.  I have used the life-saving techniques developed by CIREN for the diagnosis of liver injuries in crashes with 2-point belts.  Furthermore, I have been able to teach better emergency care for crash victims because of CIREN findings.”  See Foreword at

 In the 2002 CIREN Report, the NHTSA Overview chapter summarized the work on Improving Emergency Medical Care using modern technologies of ACN, URGENCY software, and the Atlas and Database of Air Medical Services (ADAMS) for alerting Air Medical Systems.  See pp. 1-9, and pp. 37-45 at

Today, NHTSA researchers know that NHTSA still has not done its job of setting standards for ACN & URGENCY technologies to save lives.   Recent research findings continue to confirm results found more than a decade ago.

 “RESULTS:  The CIREN data showed that longer times from the collision to notification of EMS providers were associated with more frequent invasive interventions within the first three hours of hospital admission and more transfers from a regional hospital to a trauma center. The NASS CDS and FARS data showed that rural collisions with crash-notification times >30 minutes were more likely to be fatal than collisions with similar crash-notification times occurring in urban environments. The majority of a patient’s prehospital time occurred between the arrival of EMS providers on-scene and arrival at a hospital. The need for extrication increased the on-scene time segment as well as total prehospital time.” 

See
https://www.cambridge.org/core/services/aop-cambridge-core/content/view/CD911B9D16847D697EFC3D3AA1740798/S1049023X16001473a.pdf

NHTSA’s failures to act accumulate year after year while tens of thousands of Americans suffer and die of crash injuries without transport to any facility for emergency medical care – on average about 56 American deaths per day – year after year.  Prehospital deaths in numbers and percent by State are available at
By 2002, even OnStar was citing our NHTSA research in SAE Paper 2002-21-0066 at
But today OnStar apparently has a different focus – money.

“We are at the front end of the opportunities associated with our OnStarbusiness”, said Stevens. “The 4G network has been a great addition to the portfolio, with significant data monetization opportunities on the horizon.”

The finance executive is referring to the 4G LTE network GM rolled out across nearly all vehicles in its portfolio starting in 2015. The connection enables an in-vehicle Wi-Fi hotspot, with GM being the world’s first full-line automaker to implement the feature/technology across its entire vehicle portfolio, representing the broadest and quickest deployment of the technology in history. Other automaker are still playing catch-up in the area.

Vehicles connected to OnStar 4G run on the AT&T network, and GM receives a cut of the revenue associated with data plans it sells on behalf of AT&T. GM appears to be looking to take the connection a step further by monetizing the data pipe even more, perhaps (or perhaps not) with relevant in-vehicle advertising.

“Taken together, aftersales, GM Financial, and OnStar, we believe we have a billion and a half dollar profit growth opportunity with these businesses over the next several years”, concluded Stevens.”

Continue reading “While More than 50 Crash Victims Die Daily Without Hospital Care – NHTSA Erases Research Articles on Advances in Emergency Medical Care for Crash Victims”

Emergency Medical Care for Crash Victims

Dear Care for Crash Victims Community Members:
 
On the 4th of July holiday, Legal Reader has published an article I submitted to them pro bono on this subject.
 
 
Historically each and every holiday weekend, hundreds have died and thousands have suffered vehicle injuries.  And all across the country emergency medical teams are activated to save people while often endangering themselves.
 
This article calls attention to GM OnStar’s latest ad campaign, NHTSA’s call for information to improve EMS, and possible upgraded national attention by DOD and HHS to improving trauma care in the U.S.A — which the American people have long needed.
 
It is that need which I, and many others, have worked on for decades and led to the creation of “Care for Crash Victims.”
 
On July 3rd, 2018, NHTSA published its annual report Traffic Safety Facts 2016  copy attached.  The statistics on pp. 16 and 17 show that fatalities and fatality rates per 100,000 people have been rising the past decade.
 
Let’s hope that we are closer to making substantial advances because we can and we must do better and save more lives.
 
Lou Lombardo