Martin Salazar: My Fight for Justice

Judge rules and denies to hear the truth

2008-11-25T16:23:00.004-05:00

The judge has denied my Motion for New Trial (linked below), although I submitted hard evidence that proved my innocence and where documentation showed that the government submitted my retirement papers thee weeks prior to my signature, contrary to what I was convicted against. The Court and the US Attorney were aware of the evidence but choose again not to rule on it, but to simply deny my motion without giving a reason for doing so. The Court has no concern of the fact that I am innocent!

Motion for New Trial 8-28-08

Memo in Support of Motion

New appeal documents added

2008-09-02T12:48:00.004-04:00

The following documents have been added to the blog's sidebar:

Reply brief to the US Court of Appeals For The Fourth Circuit (PDF)

Amicus brief in support of appeal, submitted by the Government Accountability Project (GAP) (PDF)

Testimony of Martin Salazar before Congressional tribunal

2008-08-21T14:33:00.007-04:00

Please be warned that the attached video may get you upset, as it exposes the truth about our government's corruption and what happens to those who challenge them to do their duty. This is where "the truth is stranger than fiction" and we make innocent people "enemies of the state" for telling the truth...

The False Incarceration of Martin F. Salazar

2008-08-03T18:01:00.008-04:00

My Name is Martin F. Salazar and I am going to prison as a result of entering into a written and signed settlement agreement between the U.S Department of Energy (the Agency) and me. I was sentenced to one year and one day of prison for entering into an early retirement, after 20 years, promulgated by the Agency, with the intent to prosecute me for the terms and contents thereof of the settlement agreement, and where prosecution commenced prior to the agreement and unbeknownst to me that they were doing so.

In fact the DOE management (Chief Counsel for the Agency )used the auspicious power of the Inspector General’s (IG) office in accomplishing their task to gain information, also in violation of their own laws, rules and privacy Act laws as well as numerous other violations, and as they describe “that the ends justify the means”. Here the Agency used the “IG’s alleged authority to promote a false need and influence others to cooperate under such threats. My case investigation began under the suspicion that I had taken bribes?, these were found to be fabricated, but it allowed the IG to begin a witch hunt under false pretenses, which eventually did disclose derogatory information regarding my Date of Birth. This is what the Agency used as their basis for the settlement agreement. However prior to this the Agency already investigated this very issue with no derogatory results and/or their approval.

The Agency fabricated/generated the agreement and used unscrupulous means in obtaining the derogatory information needed to coerce me into the settlement agreement, they then continued with their criminal prosecution, which came though perjured testimony of the government witnesses as a result of that very Settlement Agreement (SA). These action came as a direct result of my whistle blowing activities. The Agency included, that I dismiss my complaints in the SA as part of the conditions or terms.

As part of the settlement agreement I was allowed to be kept on the payroll for 16 months in order to satisfy a twenty year requirement, what I believed were the only requirements for early retirement as set by the Agency. Unbeknownst to me, the Agency was seeking prosecution before the settlement agreement was written, and where they did not disclose the criminal issues prior, and then waited until I sought my first retirement claim to indict me. In essence, the government waited 18 months to prosecute me, when they could have corrected any issues administratively during that time prior (18 months) to my retirement commencement.

It was the very person (Chief Counsel for the Agency )who wrote and witnessed the settlement agreement, and who also two months prior, sought to prosecute me for the same settlement agreement terms, and where she purposefully and knowingly withheld that information from the deciding official in order to entrap me by entering into the settlement agreement, and where I believed that it was all legal and correct. Following, this issue, I provided DOE management with a report from the Equal Employment Opportunity Commission (EEOC), where this very person (Chief Counsel for the Agency) was Officially found to be using the EEO and Criminal system to her own advantage and purpose. The EEOC went as far as to notice the DOE: "to investigate her illegal and abusive use of power". The Agency to this date has FAILED to act on the EEOC finding, and here we are facing the exact same tactics and issues of abusiveness by that very person.

The reason this issue was allowed to foster, is due to the fact, that the government supervisory management knows all to well, that they can do just about anything as there is no accountability for their mistakes or abuse of power and authority. There is NO accountability for employees willful abuse of the system or their abuse of position of authority.

The Agency then used the alleged authority of the IG to further seek prosecution. Again this was conducted by the very person (Chief Counsel for the Agency) who wrote and witnessed the settlement agreement and who was also a special assistant to the US Attorney’s office, and where this person was found to have abused that very authority in the findings by the EEOC as previously mentioned in her position with the US Attorney’s office..

During the process to prosecute me, I found that the IG acted inappropriately with the assistance of the very Chief Counsel for the Agency. I reported these abuse of authority to the IG whistle blower hotline. The local IG then followed by abusing their authority. Following their learning that I complained under the whistleblower hotline regarding their abuse of authority, the very person from the IG’s office contacted the Georgia Department of Driver Services (DDS) and asked that they too seek prosecution and suspend my driver License. The DDS acted as the IG suggested and stated at trial that they did so “because it came from the IG’s office” despite the fact the IG misinformed the DDS on facts, but more so the IG has no reason or authority to act outside their scope of responsibility other than to retaliate against my whistle blowing activities. The IG also went as far as contacting my personal bank to falsely inform them that I am a risk? Again, my bank believing that since it came from the IG, they immediately cancelled my bank accounts. Interestingly, it was when I went to open another account with a different bank did I learn that I could not do so without a valid driver license, and where the IG was aware that my license had been suspended, and coincidentally reflects on their prior actions with the DDS and the bank.

The IG also debarred me from the DOE under the Federal Acquisition Regulations (FAR). They clearly stated that their intent in doing so was to prohibit me from filing any further EEO or other complaints, as they would consider that I was no longer a DOE employee. The problem here is that the FAR’s do not apply to employees, but only to contractors. I was always a DOE employee and NEVER a contractor. However, again the MSPB believed that since the IG supported this distorted truth of law, that it must be correct and allowed the IG to debar me.

My whistle blowing complaints also touched the US Attorney’s office, and for that, the US Attorney’s office has sent my criminal attorney notice that they were going to seek civil charges against the same issue for which the judge ordered restitution. They are doing this because there is no accountability and they can charge me knowing that I have no means to defend my self other than to represent myself pro se. There is absolutely no gain for the government on this matter, but they will proceed only because they know that they are not accountable for any repercussions. Further, The US Attorney office attempted to motion the court for an “upward departure based on the facts that I executed my rights to file complaints, which was found to be against the law for them to do so. My attorney’s and the Court pointed out the violation of law and where the Asst. US Attorney committed, on the record, to “self report” for violation of law, I have no proof that he did so? But what is worse, is that his violation of law is far worse than that which I was accused, his was intentional and with knowledge that he was doing so.

These matters could have been handled administratively on the onset, and at little to no cost to the public taxpayer, but now it is costing the government (Taxpayers) untold millions of dollars and will probably continue to cost the government (Taxpayers) untold cost. Why? Because the system allows management and others to abuse the system without concern of any accountability or atonement for any wrong doing. As the violators see it, it’s the government’s money and they will not feel any effect from their abuse or erroneous actions.

Bio

2008-08-03T17:55:00.005-04:00

I was raised in a very poor environment, and where I lived with my siblings (four others) and grew up in my maternal grandmother’s rental home in Nogales, Arizona. We had no windows just sheets over the openings, and the floors were compacted dirt. My Father (God rest his soul) worked numerous jobs to make ends meet and bartered services for food.

We moved to Los Angeles, CA. when I was a young child, and that is where I went to school. From there, I started working at the age of 12 to help my family make ends meet. I was actually making more money than my father because the job was very risky, but I was young and didn’t know any better than the fact I had to help my family put food on the table. I had to barter as well which meant that I was “out on the streets” hustling jobs. As I put myself through school, I studied Engineering and resulted in a career as a Mechanical and Nuclear Engineer.

I worked in the Nuclear industry and I have over 30 years of Engineering experience (commercial, public, U.S. Navy), in designed, construction and operations of such. I was the Chief Engineer for 18 of these years with the Department of Energy (DOE), which included operation of several Nuclear Reactors and Chemical Separation facilities, I obtained the knowledge of nuclear weapons production from “cradle to grave” and I am the only person known to have hands-on experience and knowledge to do so.

I also trained the L.A.P.D and the US Marine Corp. “Boot Camp” and BUDS (Nave Seal team) Instructors on hand-to-hand combat training.

I have Published several technical books/reports on new technologies and their development to treat Nuclear processes waste. I developed these concepts by thinking outside the box. Each and every technology that I developed is currently in use throughout the industry;. (See Google search, Martin Salazar @ DOE-SRS).

I speak several languages, to include but not limited to: Spanish, Japanese and Russian I have over ten years of writing legal briefs, law research, administration and trial preparations, and Patent research.

It was obvious why the government choose me to lead a U.S Navy Seal team to find weapons of Mass destruction in Iraq. Although the mission for me was scrapped and/or I was never released from that mission, but all communications went dead, and the Department of Defense acted like they never heard of me, although I still have a copy of my signed Orders. The reasons were unbeknownst to me on the silent treatment, however as the mission was so dangerous that I completely altered my life knowing that there was an extremely high chance that I would not survive. Yes, I was willing to knowingly risk my life for this country.

And this is probably the beginning of things to go wrong. As an outspoken critic of the reasons for the attack on Iraq and the issue with discrimination and ill prepared staff with the DOE, I was targeted on many fronts. And the “Witch Hunt “began. My problem is obvious from my history that my family was not a family of records, so no records were kept in that environment. Hence I still do not know my actual date of birth? Armed with these discrepancies the Agency never sent me to Iraq, and sought instead to terminate me from employment. However, because of the many EEO complaints and appeals to the Merit System Protection Board (MSPB) which had significant merit ( See MSPB ruling, AT-0752-99-0626-I-1, March 30, 2001) the agency (DOE) decided to abate these action through an EEO Settlement Agreement.

What was not known at that time, is the Agency was entering into this agreement in bad faith. The very Chief Counsel, who is also a Special Assistant to the U.S. Attorney’s office, wrote and witnessed the settlement agreement, but failed to inform the deciding official, who represented the governments interest, that she had already began my prosecution, for the very exact contents of the settlement agreement. Again, I did not learn of the indictment until nearly a year later as the government waited until my first annuity was paid to indict me. Although they had prior knowledge of the discrepancies they waited nearly a year on an administrative error to seek and turn this into a criminal matter. The remaining facts are on the issues of my fight.