THE CANDIDATE'S TOBACCO PUBLIC POLICY BOOK, FROM WHICH ARE DERIVED MANY OF THE ACTION PLAN'S TOBACCO PROPOSALS
FREEDOM FROM POLLUTION: ON THE TOBACCO FRONT
INDUSTRIAL TOBACCO AND CRIMINAL LAW: BOOK ON TOBACCO AS A CRIME AGAINST HUMANITY:
By Christian Pierre Joubert.
On September 11, 2001, the candidate faxed-filed from Paris France a tobacco law-suit against one of the big tobacco industries wherein he invoked this above-mentioned cause of action:
FROM THE BOOK'S COVER
The petitioner’s father died from a Pall Mall induced lung cancer. The petitioner, who has international duties under international humanitarian and human rights norms like all of us, phoned the prosecutor’s office, the FBI and ATF agencies to request the arrest of Brown Williamson Tobacco directors, invoking cigarette poisoning as the probable cause to the death. On the grounds that this product is legal, the officials refused. Shortly thereafter, petitioner called back and proposed the same arrest but extending the arrest to law makers, based on the international crime against humanity legal theory, a legal foundation that incorporates state and individual responsibility and which was used to prosecute criminals and law makers who massively gazed and poisoned civilians during the Second World War (Cf. Nuremberg Trial 6 FRD 69 (1946). Request Denied. Again. Unsatisfied with these denials on September 11, 2001, the petitioner from Paris France faxed Brown William Tobacco via the ABC process server an amended complaint alleging not only the classical products liability causes of action, but also, in the name of Humanity, the very same Crime against humanity which was invoked in Nuremberg, arguing that all American Courts can assert universal jurisdiction to prosecute this hideous crime against life and all the more so that Executive and Congressional complacency and duplicity contribute to the promotion of mass tobacco poisoning which extinguishes over five millions lives each year in the world. Question put to the US Supreme Court: The same one which will be put to the United Nations’ human rights committee which oversees the respect of the International civil and political human rights Pact which the US Senate ratified:
“Is there a substantial difference between a Saddam Hussein who massively gazed to death thousands of Kurds for the safeguarding of oil revenue wells and State public agents who have, in the name of the Unites States of America, legally aided and abetted tobacco corporations to massively gas (via hydrogen cyanide and carbon monoxide, among many others) and poison millions of deceived innocent consumers for the safeguarding of cash flow ?”
THE AUTHOR: Born and raised in the Bordeaux wine area (France), Christian Pierre Joubert has been an organic fruit farmer-peasant and naturopath in South France as well as a political science and law teacher in different universities in Europe & at Gonzaga law school in Spokane, WA, where he established the School’s international human rights law section in 1991. Director of a small raw food holistic health center (specializing in cancer information and research) in the Mediterranean Pyrenean mountains of South France and president of a small French-European public health political movement which was on the 2004 June European Parliamentary elections ballot, he is presently back in the United States doing research and litigating different lawsuits including a tobacco products liability and crime against humanity lawsuit and a cancer medical malpractice case in the Wa. State and Federal court systems, to which the proceeds of this book will go.
ENLIGHTENED-CONSENT.ORG PUBLISHING
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CASE NO 05-7042
PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE UNITED STATES
CHRISTIAN PIERRE JOUBERT
(Plaintiff-Appellant)
Versus
BROWN & WILLIAMSON TOBACCO CORPORATION
(Defendant-Respondent)
TOBACCO CRIME AGAINST HUMANITY INC.
Pleadings and arguments before the Court
Five years of fresh pleadings and arguments before the multiple Courts including the Big One and the Inter-American Human Rights Commission.
STATE COMPLICITY AND TOBACCO “LEGAL” POISONING (EVEN IF THE DEATH IS DELAYED)
THE BOOK'S TABLE OF CONTENTS
THE PROBLEM
THE TOBACCO TREATY AND CONGRESS
INTRODUCTION
THE CASE’S STARTING POINT. THE LAST TESTAMENT
THE STORY OF THE JOUBERT TOBACCO COMPLAINT
QUESTIONS PRESENTED TO THE US SUPREME COURT
THE SOLUTION VIA INTERNATIONAL LAW
CHAPTER ONE: TOBACCO IS ADDICTIVE “POISON”
CIGARETTE TOBACCO IS THE SUM TOTAL OF OVER 4,000 CHEMICALS CONSISTING OF TOXIC ADDITIVES, SOLVENTS AND UN-CONTROLED SUSPICIOUS SUBSTANCE
“UNIVERSAL MALICE” AND TOXIC ULTRAHAZARDOUS CIGARETTES FROM THE HEALTH ASPECT
THE EVIDENCE OF THE INJURY AND DEATH EFFECTS OF BAT-BWT’s INDUSTRICAL TOBACCO “CIVILIAN ATTACK”
CHAPTER TWO : From civil “poison” to criminal homicide
tobacco HOMICIDE, manslaughter AND the delicate questionS of “INTENT” AND “SLOWNESS OF THE DEATH PROCESS”
IN WASHINGTON STATE, DEATH BY POISONING IS A FELONY CLASS A WHICH ALSO HAS NO STATUTE OF LIMITATIONS
FORSEEABILITY AND THE COMMON KNOWLEDGE OF TOBACCO’S TOXIC AND LETHAL EFFECTS ON THE PART OF THE TOBACCO PRODUCERS WHO HAVE INVOKED THE “IGNORANCE DEFENSE”.
MISINFORMATION AND DECEIT
BWT’s Failure to warn, deceit and mis-information confirmed in a 9 million dollars plaintiff verdict Appeal case at the 8th US Circuit court of appeals in St Louis and by a federal suit.
ON THE SMOKER’S PERSONAL RESPONSIBILITY AND THE DEFENDANT’S IGNORANCE DEFENSE
DISSEMINATION OF FALSE INFORMATION AND MANIPULATIVE MANOEUVRES.
VICTIMS OF ENVIRONMENTAL SMOKE.
TOBACCO CORPORATIONS COULD MAKE SAFER CIGARETTES OR CONVERT TO OTHER PROFITABLE CROPS OR GOODS BUT WILLFULLY CHOSE NOT TO
CHAPTER THREE: FROM NATIONAL TO INTERNATIONAL LAW
CRIMES AGAINST HUMANITY DEFINED
GIVEN NORMATIVE EVOLUTION AND THE MAGNITUDE AND THE INDISCRIMINATE UNIVERSAL MALICE NATURE OF TOBACCO MEGA-DEATHS, IT FOLLOWS THAT THE CHARACTERIZATION OF A TOBACCO CRIME AGAINST HUMANITY IS RIPENING INTO AN INTERNATIONAL NORM.
Tobacco smuggling: big tobacco frauds and state agent collaboration: An aggravating element of international organized crime.
the GENOCIDE CONVENTION THE USA DID RATIFY is also violated: ON THE ISSUE OF tobacco and YOUTH as a protected MINORITY.
1. Children are victims of the “enemy’s (Big Tobacco) propaganda”.
2. THE CIGARETTE-HOOKING TACTIC TARGETING TEENAGERS STARTS OFF THE INJURY-DEATH PROCESS. THE EVIDENCE.
3. THE GENOCIDAL END-RESULT. BIG TOBACCO CASH FLOW VIA ADDICTION AND BIG POLITICS CASH SAVINGS VIA EARLY DEATH
TOBACCO IS LESS A DRUG THAN A AGGRESSIVE POISON
TOBACCO CONSTITUTES A GENERAL MIND-BODY ATTACK BECAUSE IT DEVITALIZES MANY PARTS OF THE MIND-BODY CONTINUUM.
REVIEW OF THE TOBACCO’S ACTION MECHANISM THAT LEADS TO BODY IMPAIRMENT AND DEATH
CHAPTER FOUR: WHICH COURT CAN ASSERT JURISDICTION OVER TOBACCO CRIMES?
crimes against humanity AND GENOCIDE CHARGES give all courts universal jurisdiction to prosecute the authors of these offenses, if only because all courts are under trans-national jus cogens norms
UNIVERSAL JURISDICTION IN WHAT FORUM ?
CHAPTER FIVE: THE ELEMENT OF STATE RESPONSIBILITY
THE USA-BUSH GOVERNMENT AND AFFILIATES ARE ORGANICALLY LINKED TO BWT-BIG TOBACCO: FOR A CRIME AGAINST HUMANITY CHARGE, STATE PARTICIPATION IS NECESSARY.
AMERICAN POLITICAL EXECUTIVES, CONGRESSIONAL LAW-MAKERS AND MEMBERS OF THE JUDICIARY MAY HAVE VIOLATED INTERNATIONAL LAW
NOT ONLY BY NOT PROSECUTING CRIMINALLY BWT FOR AN ALLEGED CRIME AGAINST HUMANITY (and-or domestic criminal poisoning, inter alia), BUT ALSO BY DECLARING ITS ACTIVITIES LEGAL AND BY AIDING AND ABETTING ITS NECRO-COMMERCE.
CHAPTER SIX: THE CRIMINAL RESPONSIBILITY OF THE INDIVIDUAL UNDER INTERNATIONAL LAW:
ARE TOBACCO EXECUTIVES CRIMINALS ?
ARE TOBACCO EXECUTIVES LIABLE ?
ARE TOBACCO INDUSTRY ATTORNEYS ACCOMPLICES ?
CHAPTER SEVEN: HISTORICAL PRECURSORS OF THE NUREMBERG TRIAL REGARDING INDIVIDUAL RESPONSIBILTY
CHAPTER EIGHT. ARE TOBACCO FIRMS CRIMINAL ORGANIZATIONS AND LETHAL DRUG CARTELS ?
COUNTER-BAND AND MONEY LANDERING
RACKETERING AND ARMS MARKET
SCIENTIFIC MANIPULATION AND WILLFUL MIS-INFORMATION
CONSPIRACY AND DECEPTIVE ADVERTISEMENT
COMMERCIAL SUBVERSION: FROM FREE CIGARETTES AMONG THE VULNERABLE TO PROFITABLE AND DEADLY ADDICTION:
CHAPTER NINE: TOBACCO CRIMES AND THE DEVELOPMENT OF INTERNATIONAL LAW.
CHAPTER TEN: THE JACK JOUBERT TOBACCO CASE HAS SUBSTANTIAL PUBLIC INTEREST
1. FIRST CRITERIA: BWT industrial tobacco cigarettes necessarily affect public health, public finances and the Peace among Nations
2. SECOND CRITERIA: Washington State would benefit from “future guidance to public officers”
3. THIRD CRITERIA: Recurrence.
4. the insufficiency of service issue also has public merit.
MANIFEST ERRORS AFFECTING A CONSTITUTIONAL RIGHT
THE LOWER COURTS DID NOT ENTIRELY RESPECT BOTH THE FEDERAL AND THE STATE CONSTITUTIONS:
1. DISCRIMINATION IN TERMS OF THE 90 DAYS LIMIT FOR WASHINGTON STATE SERVICE OF PROCESS VERSUS 120 DAYS FOR THE FEDERAL SERVICE OF PROCESS.
2. RCW 4.16.170 MAY BE CONSTITUTIONALLY CONTROVERSIAL
3. THE SUPREME COURT MADE THE SAME MISTAKE AND GOT AWAY WITH IT.
4. CONSTITUTIONAL CONFUSION AND EXCUSABLE NEGLECT.
5. VIOLATION OF THE CONSTITUTION VIA THE NON RESPECT OF INTERNATIONAL STANDARDS
6. JUDICIAL INTERPRETATION AND MANIFEST ERROR AFFECTING THE CONSTITUTIONAL RIGHT TO HAVE A JURY TRIAL.
7. OTHER POSSIBLE CONSTITUTIONAL ISSUES.
HAS WASHINGTON STATE’S JUDICIARY VIOLATED INTERNATIONAL LAW ?
INTERNATIONAL CRIMINAL TOBACCO VIOLATIONS ARE BEYOND STATUTES OF LIMITATIONS:
CHAPTER ELEVEN : HOW TO CONTRIBUTE IN REVERSING THE TOBACCO HOLOCAUST: HEALTH AND ACTIO POPULARIS
A HEALTHY LIFESTYLE ASSOCIATED TO NATUROPATHY
ACTIO POPULARIS: INTERNATIONAL HUMAN RIGHTS MECHANISMS TO BETTER REGULATE TOBACCO
PUBLIC OPINION SURVEYS
NON GOVERNMENTAL ORGANIZATIONS AND EDUCATION
LEGISLATIVE BANS AND PEOPLE’S INITIATIVES:
A FEW TOBACCO FACTS
Hereinafter are a few of industrial tobacco’s poisonous substances which come from the Department of Health and Human Services (DHHS):
acetaldehyde (1.4+ mg) |
arsenic (500+ ng) |
Benzo(a)pyrene (.1+ ng) |
cadmium (1,300+ ng) |
Crotonaldehyde (.2+ µg) |
chromium (1,000+ ng) |
Ethylcarbamate 310+ ng) |
Formaldehyde (1.6+ µg) |
hydrazine (14+ ng) |
Lead (8+ µg) |
nickel (2,000+ ng) |
radioactive polonium (.2+ Pci) |
Reducing the Health Consequences of Smoking: 25 Years of Progress: a Report of the Surgeon General, Publication CDC 89-8411, Table 7, pp 86-87 (1989).
"Threshold Limit Values" - TLV's). below the compelling facts taken from the Department of Health, Education and Welfare (DHEW), as well as from 29 CFR § 1910.1000.
TTS Quantity |
“Speed Limit” |
|
acetaldehyde |
3,200 ppm |
200.0 ppm |
150 ppm |
0.5 ppm |
|
Ammonia |
300 ppm |
150.0 ppm |
42,000 ppm |
100.0 ppm |
|
formaldehyde |
30 ppm |
5.0 ppm |
Hydrogen cyanide |
1,600 ppm |
10.0 ppm |
Hydrogen sulfide |
40 ppm |
20.0 ppm |
Methyl chloride |
1,200 ppm |
100.0 ppm |
nitrogen dioxide |
250 ppm |
5.0 ppm |
Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service, PHS Pub 1103, Table 4, p 60 (1964), Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service, PHS Pub 1103, Table 4, p 60 (1964). The official OSHA term for this maximum-to-not-exceed, is “permissible exposure limit” (PEL) or “threshold limit value" (TLV). OSHA is the Occupational Safety and Health Administration of the U.S. Department of Labor.
TLV's (legal maximums) are currently identified in the OSHA toxic chemical regulation 29 CFR § 1910.1000. (It may be available at your local library).
INDUSTRIAL TOBACCO AND THE DISEASES THESE TIME-BOMBS PROMOTE
|
|
Acute necrotizing ulcerative gingivitis (gum disease) |
Muscle injuries |
Angina (20 x risk) |
Neck pain |
Back pain |
Nystagmus (abnormal eye movements) |
Buerger’s Disease (severe circulatory disease) |
Ocular Histoplasmosis (fungal eye infection) |
Duodenal ulcer |
Osteoporosis (in both sexes) |
Cataract (2 x risk) |
Osteoarthritis |
Cataract, posterior subcapsular (3 x risk) |
Penis (inability to have an erection) |
Colon Polyps |
Peripheral vascular disease |
Crohn’s Disease (chronic inflamed bowel) |
Pneumonia |
Depression |
Psoriasis (2 x risk) |
Diabetes (Type 2, non-insulin dependent) |
Skin wrinkling (2 x risk) |
Hearing loss |
Stomach ulcer |
Influenza |
Rheumatoid arthritis (for heavy smokers) [v] |
Impotence (2 x risk) |
Tendon injuries |
Optic Neuropathy (loss of vision, 16 x risk) |
Tobacco Amblyopia (loss of vision) |
Ligament injuries |
Tooth loss |
Macular degeneration (eyes, 2 x risk) |
Tuberculosis |
Function impaired in smokers |
|
Ejaculation (volume reduced) |
Sperm count reduced |
Fertility (30% lower in women) |
Sperm motility impaired |
Immune System (impaired) |
Sperm less able to penetrate the ovum |
Menopause (onset 1.74 years early on average) |
Sperm shape abnormalities increased |
Symptoms worse in smokers |
|
Asthma |
Graves’ disease (over-active thyroid gland) |
Chronic rhinitis (chronic inflammation of the nose) |
Multiple Sclerosis |
Diabetic retinopathy (eyes) |
Optic Neuritis (eyes) |
Disease more severe or persistent in smokers |
|
Common cold |
Pneumonia |
Crohn’s Disease (chronic inflamed bowel) |
Tuberculosis |
Influenza |
|
TOBACCO AND ELECTORAL CAMPAIGN FUNDS AND POLITICS.
Top Tobacco Contributions to Federal Candidates and National Party Committees |
|
From January 1, 1995 to November 27, 2000 |
|
|
|
Tobacco Company |
Total |
Philip Morris Companies Inc |
$10,291,208 |
R.J. Reynolds |
4,704,427 |
U.S. Tobacco Co |
3,355,017 |
Brown & Williamson Tobacco Corp |
2,886,521 |
Tobacco Institute Inc |
1,186,862 |
Lorillard Tobacco Co |
606,050 |
Smokeless Tobacco Council |
588,253 |
Swisher International Inc |
356,025 |
Conwood Co LP |
297,427 |
Pinkerton Tobacco Corp |
157,000 |
|
|
Totals include contributions from executives and/or affiliates |
|
“Republican candidates and committees have received 81 percent of the tobacco industry's contributions ($21,216,699) and Democratic candidates and committees have received 18 percent of the industry's contributions ($4,832,828).” (see www.tobaccofreekids.org)
More generous than BWT Corp (see chart above), Philip Morris was the highest-yielding donateur with a corresponding high Dow Jones Industrial Average. . The New York Times referred to Philip Morris as one of “several so-called Bush stocks.” And Credit Suisse First Boston stated:
“With the Republicans locking-up the White House and Congress, we believe there will be a stronger interest in tobacco stocks as investors become more and more comfortable with a favorable political environment.”
On February 5, 2001, USA TODAY editorialized that the change in administration “comes at a critical juncture” for tobacco. Today, we know that not only is the Tobacco industry prospering, but the Nation’s political finance campaign legislation is still not reformed and more and more teenagers are getting hooked to tobacco poison.
Figures come from the Center for Responsive Politics.
Fuerbringer, Jonathan. "New Bush Status Does Little To Fuel Sustained Rally." The New York Times, 14 December 2000
. "Smoke Signals: The Stars Are Aligned for Tobacco Stocks in 2001," Credit Suisse First Boston Corporation, 8 January 2001.
"Tobacco Interests Poised for Big Gains From Bush." USA Today, 5 February 2001
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