No. 22-5696

Matt Nasuti v. Adrian Holm, et al.

Lower Court: Eighth Circuit
Docketed: 2022-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law administrative-tribunals civil-rights constitutional-protections due-process fifth-amendment first-amendment fourteenth-amendment government-accountability secret-proceedings veterans-rights
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Can Secret Trials Ever Be Constitutional?

Question Presented (OCR Extract)

Questions Presented ) The Department of Veterans Affairs, pursuant to 38 C.F.R. §17.107, has created a sinister and quite scary “Star Chamber” tribunal program. It ominously refers to them as “committees.” They operate under excessive secrecy, with no due process nor any functioning checks and balances. A first-year law student would easily find that this VA workplace violence “red flag” regulation is unconstitutional and, as applied, has abused countless American veterans. I was the victim of an anal assault by a VA physician; then was “convicted” by a secret VA tribunal (charges unknown), and issued an anonymous threatening letter by the VA. For ten months J have been denied medical treatment for chest injuries and a crippled-left hand. I am in pain every day. I am 65 years old, 54”, 132 pounds, a pauper, physically helpless and I lean towards the feminine. It is quite horrible for the VA to secretly label me a “threat” to the nation? On May 2, 2022, I filed my application for an emergency injunction to declare 38 C.F.R. §17.107 unconstitutional and to enjoin the VA’s abusive implementation of this regulation (VA officials are misusing this rule to crush dissent and silence critics of its shoddy medical care). I also pleaded with Judge Ebinger to assign me a U.S. Marshal protective detail whenever I had a VA appointment, as I fear more unfounded allegations against me. She and the 8 Circuit (to their discredit) refused to rule on my motion, thus both essentially kicked my case to this Court. As a low-income nobody, I apparently do not merit from them any consideration or protection. Questions Can Secret Trials Ever Be Constitutional? May Federal Agencies Adjudicate Violent Behavior Cases in Secret “Star Chamber” Tribunals, and Then Bar the Victims From All Information Regarding Their “Convictions”? Is the Veterans Administration Permitted to Have a “Black” Program? Current Precedent Strictly Limits “Scarlet Letter’ Punishments to Criminal Conviction Cases — Can They Now Be Extended to Secret Administrative Tribunals? When the U.S. Government Issues an Anonymous Threatening Letter to a VA Patient Warning Them Against a Repetition of Their Actions, But Then It Refuses to State What Those Actions Consist Of, Is That Not Orwellian and Without Any Rational Basis? Is It Ever Permissible for the U.S. Government to Issue an Anonymous Threatening Letter to Any American Citizen? Is the VA Misusing 38 C.F.R. §17.107 to Silence Victim-Critics Who Are Protesting Shoddy Medical Care and Abuse by VA Physicians? [

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-28
Waiver of right of respondent United States to respond filed.
2022-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2022)

Attorneys

Matt Nasuti
Matthew J. Nasuti — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent