Sharon Helman Wins At Federal Circuit, Accountability Law Unconstitutional

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Sharon Helman

Sharon Helman, the former Phoenix VA chief whose tenure was linked to the nationwide VA wait time scandal, won a major decision today in court.

Helman challenged provisions of the Veterans Access, Choice and Accountability Act that were used to uphold her termination in 2014. The Merit Systems Protection Board (MSPB) previously declined a motion for a full panel review asserting the Act precluded as much. That decision was overturned today by the US Court of Appeals of the Federal Circuit.

RELATED: Sharon Helman Court Decision

The Act, and the subsequent law, 38 USC § 713(e), was created in part to help quickly terminate senior VA executives without standard due process protections those same employees relied on in the past. The Court held the law as written by Congress violated the Appointments Clause of the Constitution as it was applied to termination of Senior Executive Staff (SES) employees of the Department of Veterans Affairs (VA).

Helman’s win today means the section of the Act that precludes the review sought by Helman is unconstitutional, but the Court stopped short of invalidating the entire Act. Now, Helman’s case will be remanded to the MSPB for the review she sought before.

Background On Recent MSPB Decisions

The MSPB is the same review authority that reinstated Diana Rubens and Kim Graves at their previous positions as heads of Philadelphia RO and St. Paul RO, respectively.

The two previously worked in upper management within VA and orchestrated the removal of two subordinates to then assume the role of directorship. Such roles were deemed less demanding than their previous roles.

RELATED: Demoted SES Employees Plead Fifth Before Congress

The salt in the wound occurred when the Congress realized they did this without having their pay docked and while receiving a moving incentive reserved only for VA employees who are involuntarily moved for VA purposes.

When VA attempted to uphold punishment for the two that included a demotion and forced relocation, the MSPB concluded the punishments were in violation of the law. An MSPB review found that a higher-level authority above Rubens and Graves was linked to the scandal, and therefore the two could not be punished. That individual who was promoted was none other than Danny Pummill.

Pummill was promoted to acting Under Secretary for Benefits after Allison Hickey swiftly resigned. Hickey resigned in what appeared to be an attempt to evade answering to Congress as to why she approved the removal in the first place.

RELATED: Will Next Under Secretary Do Pay To Play For Political Favors?

Pummill reportedly resigned shortly after the MSPB penalized VA for an apparent good-ole-boys move to promote the male involved while penalizing lesser ranked female colleagues, all of whom were involved in the same musical chair scheme. That position is now held by acting Under Secretary for Benefits Thomas Murphy.

Murphy is a holdover from President Barack Obama and considered an Agent Orange denier following internal memos leaked to the press two years ago.

RELATED: Veterans Circulate Petition To Oust Agent Orange Denier Thomas Murphy

The rub in cases like this is that VA, and more important the American Taxpayer, may be liable for the attorney fees after having the punishments reversed.

As for Helman, she was ultimately fired for failing to disclose numerous gifts from a government contractor that included trips for her family to Disney Land and a Beyoncé concert. Some of her actions also resulted in her being found guilty for criminal activities.

Fortunately for taxpayers, the Federal Circuit did not award fees this time around.

VA Press Release On Sharon Helman Ruling

Now that VA’s ability to quickly terminate as it supposedly desires has been officially rebuked by the courts, the agency will no doubt have to push for the new accountability measures presently circulating Capitol Hill.

VA even released the below press release following the ruling:

Today, the U.S. Court of Appeals for the Federal Circuit in Helman v. Department of Veterans Affairs (VA) ruled that the expedited Senior Executive Service (SES) removal and appeals authority provided by the Veterans Access, Choice, and Accountability Act of 2014 is unconstitutional.

As a result of this ruling, the Merit Systems Protection Board (MSPB) has been directed to review the administrative judge’s decision upholding VA’s November 2014 removal of the director of the Phoenix VA Healthcare System. The former director’s removal remains in effect at this time.

Commenting on the ruling, Veterans Affairs Secretary Dr. David J. Shulkin said, “Today’s ruling underscores yet again the need for swift congressional action to afford the Secretary effective and defensible authority to take timely and meaningful action against VA employees whose conduct or performance undermines Veterans’ trust in VA care or services.

“We appreciate the House passing H.R. 1259, VA Accountability First Act of 2017 as a vital step toward providing the tools necessary to address misconduct while ensuring due process. Just as importantly, we look forward to the Senate taking up the legislation and helping to ensure passage as soon as possible.”

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=2900

Is it just me, or are attempts at holding VA senior staff accountable under President Obama now looking eerily like President Donald Trump’s attempts at border security when it comes to court rejections?

Either way, this is probably not the last time we will be hearing about Sharon Helman.

Maybe she will get her old job back after numerous apparent attempts by VA OIG to whitewash the investigation in Phoenix VA and similarly situated facilities that defrauded veterans of needed healthcare to improve their performance numbers?

Source: https://federalnewsradio.com/veterans-affairs/2017/05/court-rules-key-va-ses-firing-and-appeals-authority-unconstitutional/

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ThisVet2017
ThisVet2017

Not surprised. The EO that Trump signed is also going to result in a flood of backlash if they go through with the ridiculous shortening of due process (i.e. the seven days to respond to a notice of proposed action; seven days to appeal to MSPB; VA decision being final if in 60 days MSPB doesn’t issue an initial decision).

My thing is, why does everyone think that an EO from Trump is/was needed to get rid of bad apples. The VA and every other agency does what it takes to get rid of a whistleblower – from the drumming of tainted investigation, coercing people to go against the whistleblower, etc. – so, why/how is this such a daunting task to get rid of the bad people? Because they don’t want to get rid of the bad people.

vaislyinf inc
vaislyinf inc

this nasty va cow wont go away she gets full bennies @ A LIFE TIME VA PENSOIN YET SHE WANTS A BIG BIG CASH $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ FOR HE FIRINg NASTY VA COW WILL BE IN FEDERAL PRISON FOR KILLING VETS VA DC HQ ONE BIG FEDERAL RICO CRIME RACKET NOTING WILL VETS SCREWED AGIN !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Tony
Tony

Exactly. The EO was for optics. VA will use any increased authority to get rid of the whistleblowers and other good people, not the bad people.

James Gallegos
James Gallegos

If they can’t defend themselves within 7 day’s Tuff. They are lucky they are not just called into the office and told your fired !

VA employees have and are harming veterans and those veterans are not given even one day to fight back.

Where are the veterans rights !

Who has been held accountable for every thing that has happened so far by VA employees.

Promoting and muical chairs is holding one accountable !

Count your blessings that you even have a chance to defend yourselves, veterans have NONE !

To settle this once and for all. Shut down the VA and give veterans the right to see what ever doctor They wish and the problem with be taken care of and veterans may live longer.

Billions saved !

Robert Carlyle Berrett
Robert Carlyle Berrett

Just throw her in the bay with a lot of bloody meat

Robert Carlyle Berrett
Robert Carlyle Berrett

Find out where she lives and send a couple dozen people to walk up and down with signs saying “murderer of Veterans” , etc.
It’s time to play rough just like the unions had to do, block any future employment for her, get tough, Marines!

Dina Padilla
Dina Padilla

BAD employees have constitutional rights, especially upper management and the good ones don’t. Everything is ass backwards as usual and done on purpose. It’s all just a huge diversion to keep you from getting your benefits. She must have a lot of dirt to fling out, loads of money to hide and many heads would roll including those in those in black robes.

Crazy elf
Crazy elf

It seems, at least in my opinion, the upper management of the Veterans Administration receive “special treatment” over everyone else!
As Robert has so eloquently stated; quote: “It’s time to play rough…”!
It’s time to exposed the VA for what it is – a criminal enterprise!
As one of our past Generals/President once said:
“The things that separates American Christians from others, is they will die on their feet, instead of living on their knees!”
“George Washington” (c. 1776)

I do believe it’s time to stand up and do something about the corruption filling most of our government agencies!

Jo3n
Jo3n

If that bitch goes anywhere, whomever hires her is bad. As usual, the VA can’t do what should be done. It’s a circle jerk. I wouldn’t be surprised at anything VA SES’s get away with. All this pain, deaths, homeless, all goes back to the top. They’ve had years to take over and for years nobody did anything. Like an unknown cancer it spread. How do you fix that? In the VA, the buck just goes round and round and round. I think there are many ways to deal with her. SUE her. Pass a law for that.

namnibor
namnibor

Bitch/Witch, same difference. She just will not go away. That means that Kim Graves is not very far behind…

namnibor
namnibor

I say burn the witch!

Seriously, this is one persistent floater in the VA cesspool. It’s beyond salt in the wound, more like industrial draino crystals with sulfuric acid poured on top.

Yep, it’s time to go angry villagers on these assholes with torches, pitchforks, chickens, catapults, poop canons…(we are NOT catapulting the chickens, just their abundant poop)

CorpsmanUp!
CorpsmanUp!

The VA is a shithole and the MSPB is nothing but a fraudulent political device to conceal government corruption when brought out by whistleblowers.
VA….. embarassment to serving veterans!

namnibor
namnibor

Ben’s “Bad VA Art” today should be made into small posters to help Veterans with constipation. You unroll the photo of Sharon Helman and you will instantly feel the urge to make a massive floater in her exact likeness, tenacity, and exact same consistency, somewhat nutty and cornball.

Angela
Angela

The determination of 38 USC 713 to be unconstitutional is what all the federal courts which are occupied by Liberal judges will decide.
To get anything through a liberal federal court which is to suppose to address any type of accountability or adherence directly to the Constitution will be blocked. This is for now. President Trump has fired 46 U.S District Court Attorneys, he as fired FBI Director James Comey, he has fired acting Attorney General Sally Yates, and many more. Trust me President Trump is making his way through the ranks with taking care of business to implement law and order. This federal court that made this determination is probably like I mentioned Liberal judges who interpret the constitution based on their own perspective and not really interpreting the constitutional law as it is written. I am basing my conclusions on how other Federal District Courts have decided on President Trump’s previous executive orders as well as his current existing executive orders. President Trump’s anything about anything are all going to wind up in the Supreme Court. Liberals and Democrats are trying their best to block President Trump with any of his attempts to restore accountability with the use of the laws on the books. All trying to block any law and order. President Trump is making his way through the swamp. I have one thing to say. These government types had better get a clue with what is really going on in this country. If they do not, these VA leadership types are embarking on their own decline because with no accountability, no adherence to any laws, and no implementation of order, the VA is going to collapse due to Socialism. Socialism never succeeds. Look at Venezuela. And too, our governmental agencies with the Democrats and liberals are so closed off in their elite world that they really are out of touch. Because of the inner fighting and because of the sess pool, they are failing to adhere to their respective employment standards. With all this negligence, the more prominent issues in this country are not being looked into such as the country of North Korea threatening to take down our power grid with our 2 drones or 2 satellites above our country. If something is not done to deflate North Korea, we as a country have serious trouble forthcoming. If our power grid system is taken out, many Americans will for sure die. There is just enough food to feed the American people for about 30 days. I just can’t get it about these government officials who
are not willing to do their jobs with any ethicality, accountability, and humaneness. I tell you one thing — by the VA and many governmental officials not doing what they are supposed to do– is just going to lead to a collapse. And too, be caught off guard with an attack by North Korea due to Democrat and Liberal negligence. The VA is bringing the possibility of a crash on themselves. They just can’t get a grip. Though, stand by everyone because President Trump is making his way through the swamp even on his way to the VA if the VA is still on it’s life support. It may crash before President Trump can succeed at turning the VA in a positive direction. We will see.

Angela
Angela

To all, our country is now puttering along by the heels towards regaining prosperity with now revealing the evidence of a 182 billion dollar budget surplus. A budget surplus has not been evident since 2001 in this country. The Democrat conspiracy nuts have poison coming out their eyes because President Trump is still moving this country forward despite the Democrats’ obstructing and sabatoging efforts. They hate President Trump. The Democrats do not stand for success and prosperity for the country or the American people. The Democrats want to collapse the country into a one party nation with 100% Socialism just like the state of California and Venezuela. President Trump is moving us forward despite all the resistance. I absolutely love it. Slowly but surely our country might get back to leading the world as a prosperous nation like we once were. Slowly draining the swamp.

Lem
Lem

Wow! That is great. Dumb ass. All ready after 108 days in office. None of it from former Administration.

You still trust this lying bastard? I voted for him and now I’m ready for his impeachment. I’m sure he is tied to the Putin Administration after the firing of Comey hours before meeting with Russian Diplomats with only Russian Media. When the hell has this ever happened before? A meeting with any foreigners by the President admitting only the foreign nations reporters?

I bet he doesn’t last 60 days into 2019 and will probably be gone by the end of this year. All that is keeping him now is some foolish Republican Politicians.

Disgruntled Veteran
Disgruntled Veteran

@Lem – – – Precisely, Doc. Only victory yesterday was that of Russian propaganda. Time for him to come clean, or pack his bags. Integrity is a foreign language to Donald J. Trump . . .

Semper Fi.

Angela
Angela

The VA Secretary is now standing by and pushing for the legislation to occur in the Congress and the Senate regarding the VA Accountability Act. I am little surprised; though, but again not really surprised after further thinking about it. Honestly, I do believe Secretary David Shulkin is trying to do what he can do that is in his realm of control and power to implement accountability to save lives of the veterans as well as improve the care. He appears to be the only one in the VA leadership making the effort. We will see. Our country is so messed up due to the more recent and past Democratic policies, due to the more current Democratic leadership, and even, due to the Liberal Republicans who have had and currently have a part in this mess. We will see. I fear a collapse of the system, though, due to the degree of corruption and due to the degree of lack of accountability. I agree something needs to be done. I mean continued immersed action taken until reaching a final resolve. I am fed up as well. The bottom line is government healthcare is not anyone’s friend. Socialism is where the government owns all and owns all production. This is what the VA surely is. Socialism yields no individualism, no fruitful life, very limited freedoms, and even too, limited rights or no rights at all particularly for the Veterans and the Americans who fall under the Socialism ideology. With what is going on in Venezuela due to Socialism, the American leftists such as Bernie Sanders, Elizabeth Warren etc. are all ideological blind because Socialism never succeeds. These leftists are craving and calling for Socialism to implemented 100% in this country with including a single payer healthcare system for all. Then, with the 100 % Socialistic system that these leftists elite ideologues are longing for, every single everyday American will be strangled to no end all the way to the grave. If this does happen, this will be a very extremely sad day for everyday Americans. I hope President Trump and his current cabinet remain in office for 8 years because it is going to take every single day of these 8 years it to reform this country. This country may not can be reformed to success and prosperity because we have fell down so far due to the Obama Administration. I have more intricate reasons to say why I believe President Trump and his cabinet should be in office for 8 years. And, it would take me forever to explain my reasons with a lot of typing in this blog. President Trump was put in office by the American people to turn around this whole damn country. We will see what happens. My best wishes goes out to all veterans on this blog. I hope all are trying to hang in there.

Angela
Angela

Adding to my previous comment, if this case had been decided in a more conservative federal district court, the outcome or decision would have probably been different. It is for sure not over. The fight is probably on. Wait and see. The judges who are constitutional and textual are the judges who follow the constitution exactly as it is written. These are usually conservative judges. So I say this case needs to go through one of the Federal Circuit Courts that has more conservative judges and we will all probably see a different take on the ruling. Liberal judges seem to block everything. Like I have said they are based on political activitism which includes a biased opinionated perspective applied to the case which decides the case not following the constitution as it was written many moons ago. Liberal judges seem to interpret the constitution to their perspective. The Democrats and liberals really want Socialism to be 100% in this country. There will never be perfected society. I mean a large number of people unformed to unite under one with no individualism, no self reliance, and no freedoms. Refer to Hegalism. A German Idealism.

Angela
Angela

Yep, many Veterans are denied due process with benefits and care. So why should Helman be given due process rights? She forgets about how many veterans she has harmed regarding human rights or due process rights. So what makes Helman and other VA employees so privileged or special?What have they done that makes them so credible? Many VA employees have not risked their lives to fight for our Freedoms like veterans have. So why is there a double standard? The VA employee? The Veterans?
I just do not get it. Some VA employees are certainly no better and do not deserve better when they have really not served our country. Yes, we once had the greatest country on this planet. All due to our great warriors fighting the wars to defend our country. The veterans should be treated with dignity and respect. To all, President Trump and his executive cabinet like I have mentioned, are making their way through the swamp slowly but surely as I am typing in the blog.
Our country one day at a time could be turned around to prosperity if accountability is restored in all aspects of this country. Law and Order.

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@Angela: In the back of my mind, I have the 22 veterans who take their own lives, waiting for help. This government is quick on the draw, with EO’s for everything from illegals to gay rights. There is no excuse, or exceptions to why this mess continues​. Same corrupt, and incompetent fucks, are still in charge. I am not so forgiving in the wait and see department. Enough of this crap, I am sick of this pandering to the unions BS. Face it, we have been used, and lied to again. This is why I stopped commenting. I damn well know, nothing is going to change. Fuck them all.

Calvin Winchell Army Veteran
Calvin Winchell Army Veteran

The Courts are sending the incorrect message to these immoral VA employees who steal money, take gifts, and do whatever they decide for themselves? This with no regard of how these actions effect the Veterans they were entrusted to care for? All these type of jackasses need to be terminated and punished so others thinking about doing similar behavior are placed on notice! How about the Veterans who have applied for disabilities benefits they need and are ignored for years while they lay sick and without the benefits they earned while we waste time on prosecuting these bastards who really should not take up any valuable time that should be dedicated to Veterans and their care… these are the worst type of humans and should be dealt with accordingly…

91Veteran
91Veteran

Frustrating, but not nearly as much as it would be if the entire law was thrown out, and the VA being ordered to give Helman her job back with back pay.

At least her firing is still upheld until the MSPB reviews her firing…hopefully the VA didn’t screw that up as well.

If her firing is NOT upheld by them, then the feral goobermint should just stop wasting time and money prosecuting any feral employee for violating the law.

Isn’t it interesting how Helman gets every opportunity to address her issues in court while veterans are denied the same rights? At least those who survived her term as Phoenix Director.

As for the law, I’m curious which congressman or Senator wrote the law that is so sloppy it ignored other federal law, or if they just thought they could ignore the MSPB without changing that law first. Rather than passing something quickly so Isakson won’t fall on his ass, why not write a good law that can stand up in court?

Regardless, maybe this is a good wake-up call to Congress to get their shit together and actually provide a good accountability law that these weasels can’t get around.

In the end, if Helman does get her job back, then whoever screwed up her firing should be fired themselves, and Helman should only be given a job in the VA Secretary’s office. As his pet monkey.

namnibor
namnibor

Better be a strong leash because this particular genus of pet monkey can fly,

Valerie
Valerie

The circuit court of appeals can be overturned.

Ryan
Ryan

My name is Ryan and I was date raped by a Phoenix VHA psychiatrist during the height of the Phoenix VA scandal. For eight months the VA denied me a psychiatric medication that is used for sleep and also known as a date rape drug. I ended up dating a doctor named Dr. Elaine Ramos who told me she was allowed to date me but unfortunately she lied to me because under Arizona law, it’s illegal for psychiatrist to have sexual contact with patients who are treated within the clinic the psychiatrist works. I had no idea the relationship was illegal for her and it really screwed me, especially when her prescription forging boss, Dr. Ali Kazim and also the Phoenix VA Chief of Psychiatry was charged with prescription forgery in Northern California in 2010 had authorized the medication called Halcyon.

Dr. Ramos illegally accessed my medical records, accused me of stalking her, lied to the VA about our relationship, and had my medications altered to save her career. The Phoenix VA then used methods of retaliation on me when I mentioned the relationship to my psychiatrist, Dr. Scott McCall and other Phoenix VA employees by altering my meds outside the treatment plan. The situation drove me crazy to the point of suicidal tendencies and when a police officer was concerned about my wellbeing and tried having me self commited to the PHVA psych ward, a psychiatric physician denied me care and the police officer just had me go home. The Phoenix VA has lied to me consistently about Dr. Ramos not working for the VA and going through my VA records when she had been working for the same mental health department and continually accessing my VA records. The Phoenix VA decided to keep victimizing me by prescribing me at least four narcotic medications in order to subdue me and keep me addicted until the situation blew over and when it did not they just stop prescribing medications I was dependent on. Instead of taking the correct course of action and allow me to seek care outside the VA or fire Dr. Ramos, the VA just made things worse by not acknowledging my pleas for action and kept lying to me which led to me being entrapped me into a situation with Dr. Ramos filing a frivolous protection order based on seeing me at the Phoenix VA. The protection order restricted me from the Phoenix VA Healthcare System’s property and caused disruption in my already incompetent and corrupt health care treatment which caused me to max out my credit cards that added up to thousands of dollars and tens of thousands in unpaid medical bills the VA wont pay.

As I kept trying to get information from the Phoenix VA about Dr. Ramos accessing my VA records to show she was stalking me for the protection order hearing, the VA attorney’s were contacting the judge on the case and speaking to the court clerk which is illegal and a breach of contract because of the conflict of interest. The Phoenix VA blackballed me on the information I requested while the courts went in Dr. Ramos’s favor since I was drugged out of my mind on VA psychiatric medications and railroaded by the courts which caused me more grief, sickness and distress then I could have ever imagined. The Phoenix VA social workers illegally filed a petition to commit me eight montha later in order to discredit me and then issued a behavior restriction on me which kept me from accessing care. After spending two weeks in the psych ward and being released without court ordered treatment, the VA still failed to provide healthcare treatment which left me having to go back to the VA which led to the Phoenix VA police arresting me for trespassing. Now I have a warrant for my arrest because I dont give in to tyranny and fear mongering in order for these narcissistic and incompetent doctor’s who exploit veterans to keep their jobs and avoid any sort of conflict of interest after they allow their colleague to get away with date rape. Dr. Ramos was running around the Phoenix VA Hospital campus after we broke up in the summer of 2014, taking pictures of me on the property which is a HIPPA violation, printing out instant messages between her colleagues and my doctors that were about me, and then using government resources and illegal information in the protection order. The Phoenix VA knows everything about the relationship especially when Ramos became a whistle blower to save her career.

The Federal Government does not care about Veterans and if they did Dr. Elaine Ramos, Dr. Deering, Dr. McCall, Dr. Kazim, and many other Phoenix VA employees would be charged with felonies for abusing a vulnerable person. Congresswoman Sinema is no better either considering her office had know about the relationship between myself and Dr.Elaine Ramos since I was denied psychiatric care in September of 2014 before I ever went to Sinema’s office for help to deal with the abusive nature of the Phoenix VA but learned she was a part of the abuse by covering it up.

The VA needs to be reformed altogether because of the fraud, waste, abuse and criminal conduct. I am lucky enough to have enough will power to have walked away no matter how bad I need the care. The VA’s slogan is “Veterans First.” What a joke especially when the VA lies about a date rapist psychiatrist not working for the VA anylonger, when in fact she was just moved to a VA clinic on Eglin AFB. Federal employees who conspire to defraud and kill the Veterans of this nation should be held on for treason and indicted under the R.I.C.O act.

Jughead
Jughead

This whole situation sounds like a big bag of fuck. You got date raped by your girlfriend who was also your doctor? Then they conspired to alter your medications and hide the scandal. This is just preposterous!! How can this “Ramos”, who i bet is an Illegal with no papers, rape and drug our service members and get away with it. May god bless you and give you the strength to overcome this horrible injustice that the American Government and the Illegals have caused you. Hopefully North Korea will blow us up and we can all stop worrying about the VA because it won’t exist. Hang in there and Ramos the rapist will get what is coming to her.

Ryan
Ryan

Thanks for the words of encouragement OLDMARINE. The whole thing does sound nuts but I couldn’t make any of this up if I wanted to. Ramos and I started dating in April of 2014 a year after I was shot multiple time by my father who was a retired Colonial and had been diagnosed with severe PTSD and dementia. When I started dating Ramos, I was under the impression that our relationship was within the legal boundaries of her career and after years of abuse by her and federal government employees, I had found the will power to escape the VA Healthcare System and incentive to become healthy without the VA’s help. I was basically was tricked into dating Ramos under the impression that the relationship was legal which why it the sexual relationship is considered date rape and especially when the Phoenix VA kept trying to sweep the situation under the rug and keep prescibing mind altering drugs.

OLDMARINE
OLDMARINE

my thoughts exactly …Hopefully North Korea will blow us up and we can all stop worrying about the VA because it won’t exist. but i think it will be our own goobers doing it to us…anybody got some extra tinfoil

Ex va
Ex va

Her SES appointment makes her wrongdoing under the attorney general investigating authority? Because she is considered an SES it suppose to makes her more accountable. if they let her get away with these crimes then there is no accountability. MSRB is an administrative board with little if any prosecuting authority. They make recommendations and that is about it. She will most likely be transfered because they would have to go after so many other individuals. This is just sickening and disgusting. No justice.

Dennis
Dennis

How many decades more of this sort of bullshit will it take before folks stop being surprised? This is biz as usual is it not?

The folks at VA are like herpes – they just never ever go away. This is not new for Gods sake! This shit has been going down on American soil since before my birth. This is the most corrupt government agency America has ever witnessed and this scumbag ho is just part of a LONG line of misfit and corrupt employees who openly give us all a big old bare ass while sucking up Americas resources.

VA employees are the scum of the Earth and each and every one costs us far beyond the wages earned and the kickbacks received. This nasty woman is filthy and our courts determine even the filth has rights. Seemingly the only group that is excused from the protection of the courts are the vets that VA serves. You see, in order to secure our rights, we have to rely on people like this skank. She gets the courts – we get her.

Like herpes.

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@Dennis: Amen!!!!

Disgruntled Veteran
Disgruntled Veteran

Bring out the Helman’s – – – You Bring out the best!

Really? It would seem NOT in this case.

Sharon Helman is walking, breathing proof that an “unjust law is NO law”. She embodies EVERYTHING that is wrong with our society.

This country is long overdue for a new Constitution that befits our modern times, and puts some real teeth into our laws for every citizen from the POTUS on down to the homeless EQUALLY.

This cunt that presided over one of the worst, most hurtful clusterfucks for our nations veterans at the VA in recent memory, now has the unmitigated gall to use the law – – – in order to attempt to get her job back?

She “legally” killed many veterans through her “leadership”, yet now whines about how badly she was treated by the government? No sympathy from me when I read this worthless piece of human garbage has been gunned down by one of my fellow veterans.

I shall instead, raise a toast to the veteran who administered the justice this cunt so richly deserves.

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@Disgruntled Veteran: Unbelievable right? I can’t even post a coherent comment. I try, then have to delete it, because it looks like I jumped off a cliff.
This country is being run by the asylum.
Did you find an os you like?

Dennis
Dennis

Is she invited to ice cream too?

namnibor
namnibor

Yes. She gets the Monsanto Orange Swirl conference room dip.

Disgruntled Veteran
Disgruntled Veteran

-.-. .— – – – Sure is unconscionable. But I do believe it. Maybe next election, I will put Putin on my ballot as a write-in candidate. Seems to me he is no more corrupt, and a whole lot more honest about it – – – than the vast majority of folks running our government.

You still on with Mike? Building new drive either this weekend, or first day next week. Yes. Will be good to get away from Microsoft.

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@Disgruntled Veteran: Still on, sorry, didn’t see your post till this morning. Always fun building and installing a new system, good luck.

Disgruntled Veteran
Disgruntled Veteran

@-.-. .— – – – Appreciate it very much. Sent e-mails but forgot you were currently limited to the tablet. Never worry about reasonable delays in replying, my friend. I get enough e-mail (meaningful conversations) from folks that sometimes it may take a week or slightly more for me to get my replies out – – – due my medical ailments.

I will be glad to hear his take on the material I sent you.

lily
lily

I don’t really understand how we got to the point where firing someone for doing a bad job is “unconstitutional”. Ben you may not be a dirt bag but I think lawyers have ruined this nation.

Dina Padilla
Dina Padilla

This shit started wehn the congress & aflcio bought into kaiser’s B.S back in the early 30’s and then “medical care” in the 50’s and like an deadly infection was spread to all things medical including the VA. When a CEO that spends his many years in SO.America & central American, God only knows doing what, going along with commie ideas, like single payer, which the goals ARE to be in charge of ALL single payer or universal healthcare, bringing in billions every year to do things unrelated to “medical care” like for one bringing in illegals from south of the border. Medical care no matter WHAT, changed after Kaiser was brought in the 50’s for outside of kaiser’s own industrial corporations and was then inserted in as THE EXPERT ON EVERYTHING BUT BUT DOING NOTHING as in real medical care but investing money ( to further it’s own commie fiefdom, to run it all) that it receives for the many ways to deny real causes and real treatment. Anyone who ran or is running kaiser ( all of it that is all on created on a false premise called managed care which is not medical care) plus those, (MANY inside state, federal & private ) who bought into it’s many psychobabble and false evidenced based medicines all to just profit by denial of real medical care OUGHT to be tried for treason because it was all intended to steal our money AND KILL OFF as many Americans as they can and that includes American and Veterans. The commies are running it along with their cohorts in crimes, the nazi’s and there are many here in the U.S. who who underminded the laws, turning everything inside out, that right is wrong and wrong is right, turning our legal system upside down to protect their own.
Bernie Sanders, Elizabeth Warren & those who really do want care for all have been lied to by the dems, the progressive part of the dems, unions & also corporations including global corporations that are doing business in this country. None of them are worth a bucket of spit and again, those who bought or buy into the “kasierized” way, all need to be charged with treason or in jail, period. ONE CHARGE OF TREASON only gets one, 7 years and up to a 20,000 fine. That law needs to be changed too!

91Veteran
91Veteran

In some respects, I don’t see this as a bad thing.

Helmans firing was upheld, it’s just the legal authority they used was declared unconstitutional, which does not mean they cannot use existing authority to keep her fired.

That existing authority likely costs a bit more and takes longer, so the VA will be wasting more money on trying to keep her fired.

I would rather VA have airtight authority to fire these worthless hacks rather than letting them continue riding the merry go round, or possibly getting their job back with back pay.

Congress needs to get serious about giving the VA better authority.

What pisses me off about this is Helman violated the law in accepting gifts. That alone should uphold her firing, and she should be happy for that rather than being prosecuted for breaking the law.

If the VA can’t manage to fire these hacks, then the DOJ should be telling her she either goes away quietly, or she gets prosecuted.

I prefer she was prosecuted anyway so the remaining hacks think twice before breaking the law.

The problem is the Democrats and the media have DC so tied up in other circus sideshows, the DOJ likely doesn’t have time for Helman.

James Gallegos
James Gallegos

I was wondering since this happened before the new act was iniated to hold VA employees accountable.

If they had to use the old system in place before the new act was iniated.

What part was unconstitutional. ? Or loop hole.

Why are any employees given any constitutional rights.

The VA has denied and taken away all veterans civil Human And constitutional rights away .

Who is defending veterans rights. How is it a veteran can be accused of wrong doing and can be punished and threatened with federal charges Arrest and banishment from all VA care and not be able to defend themselves.

This is just crazy, the word must be given to all active duty and to those thinking about joining the military.

You are here being advised, all though we appreciate you serving this country by putting your life on the line and may not come home.

We are required to inform you that since your are willing to become a warrior. You are now considered a threat or possible threat to VA employees, by your willing ness to take another life.

Or you could become a threat in the future, you are being advised if and when you need to use the department of veterans and once you apply.

All of your human civil and constitutional rights are null and void. If you don’t like it !

Tuff shit, it is not our fault you did not give your all. The only hero is a dead hero.

You have been notified, so don’t bitch when we consider you a threat or could be a threat in the future.

If you should speak, when not spoken to or authorized to speak we will take dispensary action and you will be punished and we will report you to the authorities and you will have federal charges Arrested and banishment from all VA care If you disagree.

Oh yea we reserve the right to not tell you about the actions, nor are we required to prove anything.

All VA employees have this authority to determine if you meet our unwritten rule.

Dennis
Dennis

Not so sure I agree. The lawyers do what they are paid to do which is to argue a point. There is no malice in earning a wage per se. We all need to put pie in the hole to make it all work, and we work to do that at myriad jobs in America. Except there is one grouping of people that take a slice of the pie without contribution to the work – labor unions. Labor unions historically employ lawyers but they also employ armed thugs historically and they employ mydriad ways not to argue the correctness of any given point, but rather put all their efforts into making the brotherhood stronger at the expense of employers.

We The People are employers of the brotherhood known as the American Federation of Government Employees. A union by definition is a collective of humans in an adversarial role against employers, in this case the employer is We The People. The reason a union unravels a government is because they are ALSO part of We The People. The union in government has a direct hand in what happens on the employer side of the table. Unions have ALWAYS bribed and paid off government to further the ends of the brotherhood, but when we let them INTO the government then all bets are off – they simply win every time.

We are witness in our fathers generation to what happens when a government allows servants of The People to formalize an adversarial brotherhood, and when we allow The Brotherhood to tend the money of The People then we have in America what we will all see on tommorows headlines. And the next days headlines. And the next.

It is We The People who created the monster and only We The People can take it out. Nothing short of terminating VA as we know it will change anything and my proof is in the headlines past, present, and future.

namnibor
namnibor

Very well stated, Dennis. What you wrote should be engraved on each and every poop canon’s steel exterior casing so when it’s finally all over, one of those surviving poop canons with that inscription of your words, can be placed in still-operable condition and placed at a high central point above Washington, D.C. for in the event we ever forget or feel the need to flick the switch one more time and let it rain. A bit like that last bullet that at least used to be within the USA Flag Pole’s top globe post, that symbolized in event of hostile takeover, that last bullet had yet to be utilized, as goes the hallowed poop canons that brought the mighty AFGE to their knees.

Charles
Charles

How can it be unconstitutional to fire someone for not doing their job? Now that’s Marxism Folks! More proof we are infested with totalitarian Marxist pigs!

namnibor
namnibor

Very similarly, as in the past I have worked jobs where you had no choice but to pay dues to the union, and this one job freshly out of the military, I actually got reprimanded verbally then followed-up by a formal written reprimand…from the Union Steward….guess what for? I was being too efficient. What could be done in 3 hours was stretched across an 8 hour shift…sot as extreme at UPS unloading semi trucks, just the opposite, extreme amount of work with only 10 minute break allowed and if you had to crap, well be prepared to be reprimanded for impeding production by inconveniencing them with your bowels.
What I am saying is, the unions, regardless of flavor, mandate how much work and how much play time/break time, and God forbid you pick up a broom when another union person that does that but only every other day…so you better just step around that pile of crushed glass from a 60″ television….because the union negotiated the rules down to never doing ANY MORE than is required….and even then, renegotiate to do even less.
That’s also how USA lost a lot of competition in the world when the union workers at the auto plant actually made MORE $$$$ when they were striking…well, that became motivation to strike. It’s all infected with greed and lackadaisical human behavior behaving badly where corruption grows like black mold and is just as deadly.
So, that’s how the legion of AFGE union attorneys can claim unconstitutional for firing Helman for not doing her job…union corruption 101.
Rant Out.

touchavet@gmail.com

and I was under the impression that we are a country of one law for all people

Crazy elf
Crazy elf

From: “military.com/Daily News”
Titled;
“VA Whistle-Blower’s Retaliation Claims Spur Action from Congress”

9 May 2017
Fox News | by Malia Zimmerman

The article is about Dr. Klein of the Popular Bluff, Mo. “John J. Pershing VA!”
He’s that VERY qualified physician who brought attention to many illegal activities by upper management of the Veterans affairs out there!
Although a few representatives have gotten involved, it seems he’s still being retaliated against!
That VHA needs to be drained of all of those reprobates asap!

touchavet@gmail.com

that will never happen. That cess pool is impervious to investigations or sanctions

LP
LP

Wow.
Due process in that area is just fucked.